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Residential Construction Law [Kietas viršelis]

(Bar of Ireland), (University of Melbourne, Australia), (formerly King's College London, UK), (Womens Pioneer Housing, UK)
  • Formatas: Hardback, 696 pages, aukštis x plotis: 234x156 mm, weight: 1143 g
  • Išleidimo metai: 23-Sep-2021
  • Leidėjas: Hart Publishing
  • ISBN-10: 1509939237
  • ISBN-13: 9781509939237
  • Formatas: Hardback, 696 pages, aukštis x plotis: 234x156 mm, weight: 1143 g
  • Išleidimo metai: 23-Sep-2021
  • Leidėjas: Hart Publishing
  • ISBN-10: 1509939237
  • ISBN-13: 9781509939237
This is the first book to offer a systematic and analytical overview of the legal framework for residential construction. In doing so, the book addresses two fundamental questions: Prevention: What assurances can the law give buyers (and later owners and occupiers) of homes that construction work from building of a complete home to adding an extension or replacing a shower unit will comply with minimum standards of design, safety and build quality? Cure: What forms of redress - from whom, and by what route - can residents expect, when, often long after completion of construction, they discover defects?

The resulting problems pose some big and difficult questions of principle and policy about standards, rights and remedies, which in turn concern justice more generally.

This book addresses these key issues in a comparative context across the United Kingdom, Ireland, Australia and New Zealand. It is an accessible guide to the existing law for residents and construction professionals (and their legal advisers), but also charts a course to further, meaningful reforms of the legal landscape for residential construction around the world.

The books two co-authors, Philip Britton and Matthew Bell, have taught in the field in the UK, Australia and New Zealand; both have been active in legal practice, as have the books two specialist contributors, Deirdre Nķ Fhloinn and Kim Vernau.

Recenzijos

Philip Britton and Matthew Bell have accumulated decades of research and teaching, culminating in this authoritative book This book is powerful rebuttal to any denial that there is something seriously wrong in this area, both in the UK and elsewhere. -- David Sawtell * Housing After Grenfell Blog * A landmark book that will serve well the needs of anyone involved in this neglected area of law. The authors are to be congratulated on their fine achievement. -- Julian Bailey, White & Case LLP * International Construction Law Review * This book is an excellent analysis of residential construction law in a multitude of jurisdictions I would recommend this as a very important and well researched analysis of the history of construction law, the current status of construction law and where it may be heading. -- Kelvin Oldridge * BDPS News * This much-needed and excellent book fills a real gap in the residential construction field. It is a practical, comprehensive guide, packed with highly authoritative analysis and all presented in a most readable form. One of the books many strengths is that it takes a comparative approach, discussing problems and remedies in Ireland, New Zealand, the different states in Australia and in each of the three main jurisdictions within the UK. * Her Honour Frances Kirkham CBE, Chartered Arbitrator, Adjudicator and Mediator, Atkin Chambers, UK * It is a breath of fresh air to have a book devoted entirely to the oft neglected area of residential building this book is a valuable resource for anyone involved in residential building work Britton and Bell have [ provided] the data and analysis that is the bedrock of any evidence-based reforms. -- Paula Gerber * Building and Construction Law Journal *

Daugiau informacijos

A refreshing overview of the future direction of residential construction law, this book looks at this important and rapidly changing area of the law and presents a clear analysis of the legal framework, the regulation, and case law.
Foreword v
Frances Kirkham
Acknowledgements ix
List of Abbreviations
xv
List of Figures
xxv
List of Tables
xxvii
List of Case Studies
xxix
English/Australian Terminology xxxi
Currency Conversion at 1 January 2021 xxxi
Generic Construction Parties In Numbered Scenarios: Tables 1.1--1.3 xxxiii
Penalty Units in Australia at 1 January 2021 xxxv
Sources, Abbreviations and Cross-References xxxvii
Table of Cases
xxxix
Table of Statutes
lxi
Table of Statutory Instruments
lxxxv
Table of EU Measures
xci
Table of Standard Forms of Construction Contract
xciii
1 Introduction
1(31)
2 Residential Construction: Defects in Context
32(37)
3 Regulation of Residential Construction
69(72)
4 Contract Law in Residential Construction
141(97)
5 Beyond Contract: Other Rights of Legal Action
238(90)
6 Consumer Protection: Other Forms
328(34)
7 Insurance and Third-Party Warranties
362(47)
8 Inspections in Residential Construction
409(14)
9 Pathways to Individual Redress
423(60)
10 Time Limits for Taking Action
483(31)
11 Multi-Unit Developments: Blocks of Flats
514(55)
12 Conclusions
569(6)
Glossary 575(16)
Publisher's Note 591(2)
Index 593
Philip Britton is former Visiting Professor and Director at the Centre of Construction Law, King's College London, UK. Matthew Bell is Associate Professor and Co-Director of Studies for Construction Law at Melbourne Law School, Australia. Deirdre Nķ Fhloinn is a barrister practising at the Bar of Ireland. Kim Vernau is Chair of Womens Pioneer Housing and Non-Executive Director of the Housing Association Property Mutual.