Wilmot-Smith on Construction Contracts: Fourth Edition

Richard Wilmot-Smith QC & Paul Darling QC Hardback, Oxford University Press, £275.00

832 Pages

ISBN-13: 9780198832805

Like most construction professionals involved in dispute resolution I have used copies of Hudson and Keating for many years. Both books are seen as the leading authoritative textbooks on construction law and in some instances putting forward different interpretations on points of law that are not fully settled. It was with great interest that I joined a webinar organised by 39 Essex Chambers for the launch of this textbook. It whetted my appetite and I have just read and reviewed the electronic version of the book. Both editors, that is Paul Darling and Richard Wilmot-Smith, are leading silks that have been Queens Counsel for many years and are greatly admired by their peers and clients alike in the construction industry, both in the United Kingdom and internationally. Would they be as successful as writers, I wondered to myself? The contents and authors certainly give a broad coverage to the subject matter:

Part I: The contract

1. Contracts: Formation and interpretation, Paul Darling QC and James Bradford

2. Standard forms of contract and bespoke contracts, John Denis-Smith

3. Extra-contractual claims: Unjust enrichment, Frederick Wilmot-Smith

4. Assignment, sub-letting, the Contracts (Rights of Third Parties) Act 1999 and collateral warranties, Paul Darling QC and Melissa Shipley

Part II: Liability

5. The roles of professionals, Patrick Hennessey and Philippe Kuhn

6. Tort and construction law, Richard Wilmot-Smith QC

7. Exclusion and limitations of liability, Jonathan Bellamy and Joe-han Ho

8. Mistake, misrepresentation and frustration, Karim Ghaly QC

9. Guarantee and indemnity, Hannah McCarthy

Part III: Performance

10. Certificates and the right to payment, David Sawtell and Nicholas Higgs

11. Time for completion, Nicholas Higgs

Part IV: Breach, termination and damages

12. Damages for breach of contract, Daniel Benedyk and Ruth Keating

13. Determination or Forfeiture Clauses, David Hopkins

Part V: Claims

14. Loss and expense, Adrian Hughes QC and Gethin Thomas

15. Limitation of actions, Michael McParland QC and Stephanie David

16. Injunctions and specific performance, Kelly Stricklin-Coutinho

Part VI: Regulations and disputes

17. Bribery, Paul Darling QC

18. Mediation and alternative dispute resolution, Edwin Glasgow QC and Marion Smith QC

19. Adjudication, David Sawtell and Nicholas Higgs

20. International construction arbitration, Peter Rees QC, David Brynmor Thomas QC, David Bateson and Samar Abbas Kazmi

21. Litigation, John Denis-Smith and Peter Hurst

Each chapter is very useful and would aid people at stages of their practice. The chapter on adjudication being of great benefit to United Kingdom-based practitioners. The claims chapter will be of benefit to anyone, no matter where in the world you work, claims and disputes being a common feature of the construction industry across the globe. Guidance is given on the basis of entitlement to loss and expense and prolongation as well as the various formulas (Hudson, Emden, Eichleay, Ernstrom, Manshul, Fehlhaber, Carteret and the Allegheny Formula) that can be used to support head office cost recovery. Limitation is also covered and the period in which claims can be brought under hand, seal and under the Defective Premises Act 1972 is covered.

The fourth edition of Wilmot-Smith on Construction Contracts certainly provides a clear and practical approach to the law and practice relating to construction contracts in the UK and overseas. It provides comprehensive coverage of the substantive law and modern dispute resolution procedures in the field of construction and gives clear guidance to those searching for answers and guidance on complex disputes and needing to address complex questions of law.

The book is available in hard and soft copy, and I reviewed the ebook version. Whilst the cost for the ebook is around £230, it is good value when compared with the cost of Keating around £640 or Hudson circa £650. I’d certainly recommend purchasing it and thoroughly enjoyed reading it.

Sean Sullivan Gibbs FCInstCES 

Webinar roundup

Thanks to the recent series of speakers for hosting webinars: Stefan Harris Wright, Derryn Rolfe, Maria Peyman and Patrick Cooney, from Birketts; Matt Grellier and Ken Salmon from Slater Heelis.

Past webinars are available for viewing in the Members Only area of the CICES website.