Remedies in Construction Law
Page 407
Index
Index
- Abatement –
- Account of profits –
- Adjudication –
- Adjudicator
- Affirmation
- Alternative dispute resolution –
- Anticipatory breach
- Anti-suit injunctions
- Arbitration –
- agreements to arbitrate
- appeals from awards –
- Arbitration Act 1996
- challenges to awards –
- choice of arbitrator –
- confidentiality –
- decision on form
- disadvantages –
- discretion of tribunal
- documents only procedure
- enforceability of awards –
- expedition
- expense –
- injunction, and –
- limitation –
- objectives
- privacy –
- procedure –
- rescission, and ,
- separate proceedings
- Arbitration clauses
- Arbitrator
- powers
- specific performance, and
- power to rectify –
- Assignment
- Bankruptcy
- Battle of the forms –
- Betterment
- Black hole cases –
- Breach of statutory duty, damages for
- Bribery
- Buncefield explosion
- Call on bond
- Causation
-
Causing loss by unlawful meansPage 408
- Civil Liability (Contribution) Act 1978 –
- Claiming finance costs and interest –
- Commercial construction projects
- Concurrent delay –
- analysis of events
- causation
- causative effect ,
- caused by employer and contractor
- computer programming evidence , ,
- critical path through works
- determination of actual cause
- employer and contractor ,
- extension of time, and
- float in contract programme
- later event for which employer responsible ,
- programming tools , –
- Conflict of interest
- Construction law
- Contempt of court –
- Contracts (Rights of Third Parties) Act 1999 –
- Contributory negligence
- Co-ownership
- Corporate insolvency
- Damages
- additional profit
- adequacy
- assessment of loss of chance
- benefits to be taken into account –
- benevolent payments from third parties
- causation –
- contributory negligence –
- distinguishing claims from claims within contract ,
- expectation –
- foreign currency awards –
- in lieu of injunction –
- interest as – see also interest
- loss of opportunity to bargain –
- mental distress, for –
- Misrepresentation Act 1967, under –
- negligence – see also Negligence, damages in
- payments by insurers
- physical inconvenience, for –
- reliance –
- standard of proof –
- taxation
- tort see Tort, damages in
- Damages for breach of contract –
- Deceit, damages for –
- Declarations –
- added to other claims –
- advantages , –
- exclusion of jurisdiction by agreement
- granting
- interim –
- jurisdiction of courts
- legal effect of judgement
- nature of
- negative –
-
rights, of ,Page 409
- summary of principles
- Defective Premises Act 1972
- Delay
- Dispute boards –
- Dispute resolution –26.97
- Dunlop v Lambert, rule in –
- The Albazero –
- Duress
- Economic torts –
- Engineer’s decision
- Equitable relief
- Exclusion clauses –
- battle of the forms –
- consequential losses –
- construction contra proferentem
- consumer contracts
- Contracts (Rights of Third Parties) Act 1999
- Defective Premises Act 1972
- deliberate breach –
- entire agreement clauses
- fraud, and –
- incorporation –
- indirect loses –
- interpretation –
- liability for negligence –
- remedies for misrepresentation, and
- repugnancy ,
- schemes allocating risks –
- strict construction
- sufficiency of notice –
- terms implied by statute
- Unfair Contract Terms Act 1977 –
- Extension of time clauses –
- Foreign court
- Foreign currency awards –
- Forum shopping
- Fraud
- Frustration –
- acts of third party
- amount or significance of variations
- application of doctrine –
- consequences of discharge through –
- default of contractor, and –
- delay –
- destruction of subject matter of contract –
- difficulties in obtaining supplies –
- doctrine –
- doctrine not to be lightly invoked
- effect
- effect of contractual provisions –
- extrinsic evidence as to assumptions of parties –
- foundation of modern law
- Law Reform (Frustrated Contracts) Act 1943 –
- legislative changes ,
- modern doctrine
- multi-factorial approach
- mutual mistake, and –
- object of doctrine
- price, changes in
- sanctity of contract, and ,
- secondary obligation, and
- self-induced –
- shortage of labour
- standard forms provisions –
- strikes
- variation instruction, and
- war, and
- Fundamental breach
- Global claims –
- adequacy of pleading –
- apportionment of loss and expense caused by disruption –
- categories
-
effect of authoritiesPage 410
- essence of
- loss and expense claim
- meaning
- pleadings stage –
- sufficiency of pleadings
- tensions presented by
- Good faith
-
Hadley v Baxendale –
- acceptance of responsibility –
- categories of consequences of breach of construction contract
- commercial background of contract ,
- damage likely to incur
- delay, and
- effect of final certificate
- falling property market, and
- holding costs, and
- knowledge of business activities ,
- losses within reasonable contemplation –
- particular type or kind of loss ,
- reasonable foreseeability ,
- reformation of principles
- two rules
- Housing Grants, Construction and Regeneration Act 1996 –
- Indemnity clauses –
- Inducing breach of contract
- Infringement of intellectual property rights –
- Injunctions –
- restraining proceedings bought in breach of agreed dispute resolution procedure –
- retention monies, and –
- trespass, and –
- Insolvency
- Interest
- Interim injunctions –
- Laches
- Lapse of time ,
- Late Payment of Commercial Debts (Interest) Act 1998 –
- Latent Damage Act 1986 –
- Legislative changes
- Letter of intent
- Limitation –
- acknowledgement
- adjudication –
- amendment of proceedings –
- arbitration –
- claims for contribution under Civil Liability (Contribution) Act 1978 –
- claims in tort –
- concealment –
- contract by deed
- contract claims –
- accrual of cause of action –
- Defective Premises Act 1972
-
equitable relief –Page 411
- fraud –
- injunctions –
- longstop date
- mistake –
- negligence –
- negligence and latent damage –
- nuisance ,
- specific performance –
- tolling agreements
- trespass ,
- Limitation clauses –
- Liquidated damages –
- Litigation –
- Loss and expense, recovery of –
- Loss of profits –
- Measure of damages –, –
- advice of expert
- betterment –
- cost of repairs –
- date of assessment –
- date of cause of action
- date of repairs or reinstatement
- defective performance ,
- delay in completion
- delay in remedial works
- diminution in value –
- diminution in value of property
- diminution in value of reversion of freehold
- disproportionate cost, and
- expenses incurred
- mitigation of loss – see also Mitigation of Loss
- nature of breach, and
- reliance upon advice –
- replacement chattel
- subrogated actions
- Mediation , –
- Mental distress
- Misrepresentation
- Mistake
- Mini-trial –
- Mitigation of loss –
- Misrepresentation Act 1967 –
- Mutual mistake
- Negligence
- Negligence and latent damage
- Negligence, damages in –
- causation –
-
contributory negligence –Page 412
- economic loss –
- foreseeability –
- interrelationship between scope of duty, causation and foreseeability –
- measure of damages
- personal injury ,
- physical damage ,
- scope of duty –
- Novus actus interveniens –
- Nuisance
- Nuisance, damages in –
- Panatown –
- Penalty clauses –
- Physical inconvenience
- Prevention principle see Liquidated damages
- Price, changes in
- Quantum meruit –
- additional work going beyond variation –
- adjudication –
- construction contracts
- contract not concluded
- contract terminated before works complete
- contract void for want of authority
- contract works for lump sum ,
- contractual claim –
- cynical repudiation of contract
- defective works
- disputes as to valuation
- free acceptance, role of
- letter of intent, and
- loss-making contract, and
- meaning
- negotiations in respect of terms of expected contract –
- payment by instalments, and
- quantification –
- questions for court
- repudiation by contractor
- restitution, and –
- theoretical basis
- valuation of claim –
- variation, and –
- variation to existing contract ,
- work done in anticipation of contract –
- work done under contract discharged through breach –
- work done under contract with one party for benefit of another
- work done under void or unenforceable contract –
- Recovery of costs –
- Recovery of damages
- foreign court, awarded by –
- passing on claim awarded in previous arbitration –
- passing on claim awarded in previous proceedings –
- recovery of monies paid in settlement of easier claim –
- third party (part 20) proceedings –
- defendant wishing to pass potential liability to more than one third party
- disputes between third parties
- joinder of proceedings
- Recovery of damages and costs –
-
Recovery of monies paid in settlement of earlier claim –Page 413
- Recovery of overheads and management charges –
- Rectification –
- adjudicator, powers of ,
- aim of
- arbitrator, powers of –
- carefully negotiated commercial contracts, and
- conduct after date of contract
- contractual provision allowing correction of errors
- contractual provisions, impact of –
- discretionary remedy ,
- entire agreement clause, and , –
- intention of parties ,
- material ascertaining true meaning of contract –
- mistake on face of contract
- mutual mistake –
- ordinary and natural meaning of words –
- outward expression of accord ,
- scope of remedy ,
- standard of proof –
- unilateral mistake –
- awareness of omission or mistake –
- Remedies
- Remedies under contract –
- Repudiation at common law –
- acts on part of employer
- after performance contract
- anticipatory breach
- condition of contract, and
- delay
- election by innocent party
- fundamental breach, and ,
- good faith, and
- identification of grounds
- lack of due progress
- principles ,
- temporary nonconformities
- wrong reliance on expenses termination clause
- Rescission –
- affirmation –
- arbitration, ad ,
- bribery ,
- clause allocating risk, and ,
- clause excluding effect of misrepresentations ,
- conflict of interest ,
- contractual provision, effect –
- defences –
- delay
- duress –
- election or decision
- entire agreement clause, and
- fraud, and
- grounds –
- how effected –
- impossibility of restoration of parties’ pre-contractual positions –
- innocent misrepresentation
- laches, and
- misrepresentation, and –
- remedy, whether –
- restriction of liability, and –
- right to rescind
- third parties, and ,
- voidable contract
- Restitution
-
quantum meruit, and –Page 414
-
- Retention monies
- Set-off –
- Shortage of labour
- Specific performance –
- adequacy of damages ,
- adjudicator, and ,
- arbitrator, powers of
- contracts requiring constant supervision –
- co-ownership, and
- exceptions to general rule –
- injustice to defendant ,
- limitation –
- mutuality of remedy ,
- nature of
- principles for granting ,
- reluctance of courts to grant in construction contracts –
- remedy rarely granted
- special circumstances –
- sufficient definition –
- third parties
- when not decreed –
- Strikes
- Taxation
- Temporary nonconformities
- Tendering process
- Termination –
- The Albazero –
- Third parties see Black hole cases
- Tolling agreements
- Tort, damages in –
- Trespass
- Trespass, damages in –