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Index

Remedies in Construction Law


Page 407

Index

Index

  • Foreign court
  • Foreign currency awards 11.3011.35
  • Forum shopping
  • Fraud
  • Frustration 7.17.53
    • acts of third party 7.35
    • amount or significance of variations 7.23
    • application of doctrine 7.147.31
    • consequences of discharge through 7.447.50
    • default of contractor, and 7.327.34
    • delay 7.197.21
    • destruction of subject matter of contract 7.157.18
    • difficulties in obtaining supplies 7.257.27
    • doctrine 7.27.8
    • doctrine not to be lightly invoked 7.10
    • effect 7.9
    • effect of contractual provisions 7.387.43
    • extrinsic evidence as to assumptions of parties 7.117.13
    • foundation of modern law 7.4
    • Law Reform (Frustrated Contracts) Act 1943 7.467.50
    • legislative changes 7.29, 7.30
    • modern doctrine 7.5
    • multi-factorial approach 7.7
    • mutual mistake, and 7.517.53
    • object of doctrine 7.6
    • price, changes in 7.22
    • sanctity of contract, and 7.2, 7.3
    • secondary obligation, and 7.44
    • self-induced 7.327.37
    • shortage of labour 7.24
    • standard forms provisions 7.397.43
    • strikes 7.28
    • variation instruction, and 7.37
    • war, and 7.31
  • Fundamental breach
  • Hadley v Baxendale 8.18.27
    • acceptance of responsibility 8.118.13
    • categories of consequences of breach of construction contract 8.20
    • commercial background of contract 8.17, 8.18
    • damage likely to incur 8.14
    • delay, and 8.19
    • effect of final certificate 8.21
    • falling property market, and 8.27
    • holding costs, and 8.24
    • knowledge of business activities 8.22, 8.23
    • losses within reasonable contemplation 8.58.27
    • particular type or kind of loss 8.15, 8.16
    • reasonable foreseeability 8.8, 8.9
    • reformation of principles 8.7
    • two rules 8.6
  • Housing Grants, Construction and Regeneration Act 1996 19.4819.61
  • Measure of damages 8.28.4, 9.19.39
    • advice of expert 9.18
    • betterment 9.219.23
    • cost of repairs 9.39.15
    • date of assessment 9.249.28
    • date of cause of action 9.24
    • date of repairs or reinstatement 9.25
    • defective performance 9.7, 9.8
    • delay in completion 9.2
    • delay in remedial works 9.26
    • diminution in value 9.39.15
    • diminution in value of property 9.27
    • diminution in value of reversion of freehold 9.15
    • disproportionate cost, and 9.11
    • expenses incurred 9.28
    • mitigation of loss 9.299.39 see also Mitigation of Loss
    • nature of breach, and 9.1
    • reliance upon advice 9.169.20
    • replacement chattel 9.14
    • subrogated actions 9.10
  • Mediation 25.76, 25.8225.89
  • Mental distress
  • Misrepresentation
  • Mistake
  • Mini-trial 25.9025.92
  • Mitigation of loss 9.299.39
    • appeal, and 9.39
    • burden of proof 9.32
    • construction cases 9.35
    • duty to take reasonable steps 9.31
    • increase of overall costs, and 9.38
    • standard of reasonableness 9.33, 9.34
  • Misrepresentation Act 1967 3.323.40
    • consequential losses 3.40
    • damages under 3.323.40
    • distinction between fraudulent and innocent misrepresentation 3.35
    • purchase of property on bases of misrepresentation 3.39
  • Mutual mistake
  • Quantum meruit 5.15.46
    • additional work going beyond variation 5.135.18
    • adjudication 5.435.45
    • construction contracts 5.23
    • contract not concluded 5.21
    • contract terminated before works complete 5.33
    • contract void for want of authority 5.41
    • contract works for lump sum 5.31, 5.32
    • contractual claim 5.35.7
    • cynical repudiation of contract 5.35
    • defective works 5.29
    • disputes as to valuation 5.5
    • free acceptance, role of 5.10
    • letter of intent, and 5.20
    • loss-making contract, and 5.34
    • meaning 5.2
    • negotiations in respect of terms of expected contract 5.255.26
    • payment by instalments, and 5.37
    • quantification 5.245.29
    • questions for court 5.22
    • repudiation by contractor 5.36
    • restitution, and 5.85.46
    • theoretical basis 5.9
    • valuation of claim 5.245.29
    • variation, and 5.135.18
    • variation to existing contract 5.6, 5.7
    • work done in anticipation of contract 5.195.29
    • work done under contract discharged through breach 5.305.37
    • work done under contract with one party for benefit of another 5.46
    • work done under void or unenforceable contract 5.385.42
  • Recovery of costs 15.4815.58
  • Recovery of damages
    • foreign court, awarded by 15.1915.21
    • passing on claim awarded in previous arbitration 15.2215.26
    • passing on claim awarded in previous proceedings 15.1115.18
    • recovery of monies paid in settlement of easier claim 15.2715.47
    • third party (part 20) proceedings 15.215.10
    • defendant wishing to pass potential liability to more than one third party 15.8
    • disputes between third parties 15.9
    • joinder of proceedings 15.4
  • Recovery of damages and costs 15.115.64

  • Page 413

    Recovery of monies paid in settlement of earlier claim 15.2715.47
  • Recovery of overheads and management charges 13.1513.37
  • Rectification 2.12.57
    • adjudicator, powers of 2.54, 2.55
    • aim of 2.4
    • arbitrator, powers of 2.512.53
    • carefully negotiated commercial contracts, and 2.34
    • conduct after date of contract 2.30
    • contractual provision allowing correction of errors 2.50
    • contractual provisions, impact of 2.462.50
    • discretionary remedy 2.56, 2.57
    • entire agreement clause, and 2.33, 2.462.49
    • intention of parties 2.27, 2.28
    • material ascertaining true meaning of contract 2.112.15
    • mistake on face of contract 2.10
    • mutual mistake 2.222.35
    • ordinary and natural meaning of words 2.52.9
    • outward expression of accord 2.29, 2.31
    • scope of remedy 2.17, 2.18
    • standard of proof 2.192.21
    • unilateral mistake 2.362.45
    • awareness of omission or mistake 2.382.40
      • conceptual difficulties 2.43
      • degree of sharp practice 2.39
  • Remedies
    • classification 1.4
    • meaning 1.3
  • Remedies under contract 4.14.9
    • machinery 4.9
    • rights granted 4.8
  • Repudiation at common law 6.46.20
    • acts on part of employer 6.14
    • after performance contract 6.8
    • anticipatory breach 6.7
    • condition of contract, and 6.16
    • delay 6.13
    • election by innocent party 6.18
    • fundamental breach, and 6.8, 6.9
    • good faith, and 6.19
    • identification of grounds 6.20
    • lack of due progress 6.13
    • principles 6.5, 6.6
    • temporary nonconformities 6.11
    • wrong reliance on expenses termination clause 6.15
  • Rescission 3.13.70
  • Restitution
  • Retention monies
  • War
    • frustration, and 7.31

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