Abstract
This chapter is intended for contract managers and professionals involved in project and contract management to provide them with a basic understanding of the nature of the law as it applies to contracts and doctrines. Doctrines in contract formation are needed in order to deal with the considerable complexity and interrelationship between the contractor, the employer and the consultant as well as the specialists and the subcontractors. The chapter will look at the principles in contract formation such as agreement, offer and acceptance, and consideration. Doctrines and concepts in construction contract law such as terms of an agreement, letters of intent, parties to a contract and general doctrines such as misrepresentation, mistake and frustration are included. The objective is to make the reader understand these rules in order to judge the validity of the contractual terms and to assess if a contract is concluded between the parties.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
Construction contract law, together with its many contents and assuming that it covers the ground adequately, deals with all the primary sources of law.
- 2.
The court will rarely enforce performance, other than payment, because it cannot or will not supervise actual performance of work.
- 3.
The law empowers the courts and arbitrators to make a binding decision on disputes properly submitted to them.
- 4.
Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1.
- 5.
Currie v Misa (1875) LR 10 Exch 153.
- 6.
Tweddle v Atkinson (1861) 1 B&S 393.
- 7.
Dunlop Tyre Co v Selfridge 1915.
- 8.
Leadership in Energy & Environmental Design.
References
Books
Allen R, Martin S (2010) Construction law handbook. Aspen Publishers, MD
Beale H (2010) Chitty on contract. Sweet & Maxwell, London
Beale H, Bishop W, Furmston M (2008) Contract: cases and materials. Oxford University Press, Oxford
Beatson J, Burrows A, Cartwright A (2010) Anson’s law of contract. Oxford University Press, Oxford
Campbell D (2019) Construction law in a nutshell, 2nd edn (Nutshell Series). West Academic, St. Paul
Furmston M, Cheshire GF, Fifoot CHS (2006) Cheshire, Fifoot and Furmston’s law of contract. Oxford University Press, Oxford
Haidar AD (2011) Global claims in construction. Springer Verlag, London
Kelleher TJ, Walters GS (eds) (2020) Smith, Currie & Hancock’s common sense construction law: a practical guide for the construction professional, 6th edn. Wiley, New York
McKendrick E (2009) Contract law. Palgrave Macmillan, Basingstoke, Hampshire
Richards P (2009) Law of contract. Pearson Longman, Harlow
Case Law
Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1
Currie v Misa (1875) LR 10 Exch 153
Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847
Tweddle v Atkinson (1861) 1 B&S 393
Author information
Authors and Affiliations
Rights and permissions
Copyright information
© 2021 Springer Nature Switzerland AG
About this chapter
Cite this chapter
Haidar, A.D. (2021). Construction Contract Law. In: Handbook of Contract Management in Construction. Springer, Cham. https://doi.org/10.1007/978-3-030-72265-4_2
Download citation
DOI: https://doi.org/10.1007/978-3-030-72265-4_2
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-030-72264-7
Online ISBN: 978-3-030-72265-4
eBook Packages: EngineeringEngineering (R0)