International Construction Law Review
BOOK REVIEW - Construction Contract Variations
Doug S Jones AO
Professor
Construction Contract Variations. By Michael Sergeant and Max Wieliczko. Informa Law from Routledge, 2014. ISBN: 978-1-84311-950-0. 386 pp (also available as an e-book) £295, US$535.
Michael Sergeant and Max Wieliczko, partners at Holman Fenwick Willan LLP, London, have produced a master guide on construction contract variations which cuts right to the heart of the topic. In the preface, the pair openly recognises that this subject has been “unduly ignored” in the greater context of construction law related texts and that it is for this reason that they have confronted the difficult task of adding “something new to the current texts”. The authors have certainly done just that with this comprehensive and complete publication which cements its flag atop the subject of construction contract variations.
The ultimate product is a work that will no doubt become an essential core text for legal practitioners, decision-makers, academics and students in the field of construction law. The text examines the nuances of construction contract variations across their many and varied manifestations. The depth of analysis is unprecedented and is well supported by a wealth of leading case law from an impressive variety of international jurisdictions. The authors do not limit their analysis to the overarching issue, namely, the determination of changes to the contractual scope of works, but instead dedicate methodically 11 chapters to the examination of specific aspects of variations to construction contracts.
The quality of this publication reflects the authors’ extensive experiences in major construction projects around the world – which, when combined, amounts to in excess of 45 years of practice across a wide range of UK and international construction and infrastructure projects. Their generous donation of royalties from the book to The Lighthouse Club, a charity for workers in the construction industry, is a testament to their overwhelming desire to support and service the construction industry both from the commercial legal perspective and at the grassroots level.
The book commences with an overview of the text and an introductory discussion of construction contract variations. A very helpful summary of each of the book’s remaining eleven chapters is also provided, allowing the text to double as somewhat of a quick reference guide. The clarity and structure of the first chapter allows the reader to locate information with precision and simplicity and is reflective of the ease with which the authors are able to move through the complexities associated with variations to construction contracts.
Each of the following 11 chapters is dedicated to a thorough analysis of a particular aspect of construction contract variations.
Pt 1] Book Review
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