International Construction Law Review
BOOK REVIEWS
DOUG JONES, HUMPHREY LLOYD
The Law of Construction Disputes. By Cyril Chern. London: Informa Law. 2010. Hardback. ISBN 978-1-84311-901-2. 411 pp. plus Appendices and Tables. £290/€363/US$522.
The author is a barrister practising in London who is also a chartered architect, an arbitrator and mediator and adjudicator. Amongst other things he has written a book on dispute boards (reviewed [2008] 25 ICLR 255) and a book on international commercial mediation which was published by Informa in 2008. According to the author’s preface, the genesis of the book lies in a case being heard in a “former Commonwealth colony” [sic] in which the judge did not get quick and proper answers to the questions put. It occurred to the author that it would have been helpful to have had a concise text on the most topical issues facing any construction lawyer which also contained extracts from the judgments so that the judge might have got the answers that he wanted. This intriguing notion has been very successfully achieved by this novel work. Although the title suggests a treatise on lex fori the book in fact covers most of what in England and Wales is called “construction law”, i.e., the law relating to construction contracts (and related law) that is relevant to disputes.
In an introduction (in Chapter 1) the author sketches the main features of common law, civil law, Sharia-Islamic law, as well as some relevant history. However, the work is primarily about the law of England and Wales and, to a lesser extent, Scotland and countries whose law derives from English law albeit with excursions abroad from time to time, e.g., to Germany and France to deal with the enforceability of binding decisions, other than arbitral awards and court judgments. Thereafter the work covers how contracts are made, the position of design professionals, the legal aspects of site conditions, the position of subcontractors, defences to construction disputes and issues relating to contractors’ rights and obligations under standard form agreements and then ultimately the termination of a contract, certification process, types of claims, collateral warranties, non-contract liability, time at large and time-bar clauses before turning to two chapters on dispute resolution. One of the latter deals with “Key Issues in Dispute Resolution” but it is somewhat eclectic; it does not really cover evidence and in particular, expert evidence, the approach to which is a common source of friction.
There are very extensive appendices (16 comprising 215 pages) which include the main UK statutes (and extracts from Dispute Board rules and procedures). The first appendix is a helpful glossary of construction terms (but does not include FRPO!). The need for the remaining appendices is questionable as a practitioner needs only the statute relevant to the case and they add considerably to the bulk. Their inclusion signals that the work is
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