This book chronicles how contract cases from the construction industry have influenced, solidified, refined and particularized U.S. contract law. The book’s central claim is that the construction industry experience has helped to contextualize U.S. contract law and, therefore, has encouraged the common law to be more receptive to flexible legal standards and practices and less constrained by the relatively rigid rules that often characterize contract law. Other scholarly books analyze the themes, values, standards, and principles of contemporary contract law, but none captures how construction industry relationships and practices have influenced the common law of contracts. After providing an overview of construction law as a specialty of the practicing bar and as a field for scholarly inquiry, this book examines the construction industry cases that have most directly influenced contract law. It reviews how industry dispute patterns have caused courts to refine contract law principles or to adapt and modify other principles. Separate chapters explain the special roles that cases in the U.S. Supreme Court and in the lower federal courts have played in defining and distinguishing contract law in the construction industry. The final chapters assess implications the construction industry cases hold for contract theory writ large, and for the future of contract law. This book is essential reading for legal scholars, construction law and contract law specialists, and those interested in how the construction industry has helped shape the U.S. legal system.

Contractual Procedures in the Construction Industry 7th edition aims to provide students with a comprehensive understanding of the subject, and reinforces the changes that are taking place within the construction industry. The book looks at contract law within the context of construction contracts, it examines the different procurement routes that have evolved over time and the particular aspects relating to design and construction, lean methods of construction and the advantages and disadvantages of PFI/PPP and its variants. It covers the development of partnering, supply chain management, design and build and the way that the clients and professions have adapted to change in the procurement of buildings and engineering projects. This book is an indispensable companion for students taking undergraduate courses in Building and Surveying, Quantity Surveying, Construction Management and Project Management. It is also suitable for students on HND/C courses in Building and Construction Management as well as foundation degree courses in Building and Construction Management. Key features of the new edition include: A revised chapter covering the concept of value for money in line with the greater emphasis on added value throughout the industry today. A new chapter covering developments in information technology applications (building information modelling, blockchains, data analytics, smart contracts and others) and construction procurement. Deeper coverage of the strategies that need to be considered in respect of contract selection. Improved discussion of sustainability and the increasing importance of resilience in the built environment. Concise descriptions of some the more important construction case laws.

- The planning system - Financing the project - Public sector projects - Public/private sector partnerships - Tender process - The construction contract - Construction insurance - Ways of operating - Working with others - Working internationally - The engineer's appointment - Collateral warranties - Professional indemnity insurance - Copyright and intellectual property - Employment law - Computers and IT - Law of contract - Law of tort - Environmental law - Health and safety law - Insolvency in construction - Administration of claims - Litigation - Arbitration - Adjudication

Construction Contracts focuses on the law governing construction contracts, and the management and administration of these contracts.

This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.

This book documents the experiences, development, and prospects of the construction industry in numerous developing countries. It will provide a strong base of reference for countries looking to improve their construction industries as part of their wider economic development programme. The opening chapter presents a strategic overview of the contents of the book, and each country-specific chapter is structured to consider the legal and policy frameworks, administrative infrastructure and procedures, and implementation mechanisms, as well as the experiences, current activities, and future plans and programmes with respect to construction industry development in each country. The concluding chapter looks forward and considers the implications of future trends for the construction industries in developing countries and the actions which will be required to address them. Chapters cover: India, Singapore, Chile, South Africa, Tanzania, Malaysia, Botswana, Ghana, Uganda, Indonesia, China, Croatia, and Eswatini. Readers will learn about the wealth of comparable stories from global coverage from the detailed country-specific cases. Building on important scholarly works in the field, this book is essential reading for academics, researchers, and policy makers in built environments, economics, construction management, infrastructure management, and the wider construction industry.

This open access book focuses on the development of methods, interoperable and integrated ICT tools, and survey techniques for optimal management of the building process. The construction sector is facing an increasing demand for major innovations in terms of digital dematerialization and technologies such as the Internet of Things, big data, advanced manufacturing, robotics, 3D printing, blockchain technologies and artificial intelligence. The demand for simplification and transparency in information management and for the rationalization and optimization of very fragmented and splintered processes is a key driver for digitization. The book describes the contribution of the ABC Department of the Polytechnic University of Milan (Politecnico di Milano) to R&D activities regarding methods and ICT tools for the interoperable management of the different phases of the building process, including design, construction, and management. Informative case studies complement the theoretical discussion. The book will be of interest to all stakeholders in the building process – owners, designers, constructors, and faculty managers – as well as the research sector.