Construction Law (3rd edition)

Book: £150 (including free P&P within the UK)

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Julian Bailey

Julian Bailey’s seminal Construction Law (3rd edn) is available as a three-volume set from London Publishing Partnership, and is now accessibly priced at £150, around 70% cheaper than the second edition.

Now in its third edition, this is the definitive work of reference for construction law practitioners internationally. Across three volumes it provides the most comprehensive treatment of the major issues arising out of construction and engineering projects, with extensive references to case law, statutes and regulations, standard forms of contract and legal commentary. The book in its new, updated form is indispensable for law practitioners and is now accessibly priced for the postgraduate student market.

[Please noteif you have any trouble ordering your book using the Buy Now button above, please email lpp@londonpublishingpartnership.co.uk and someone there will be able to help you.]


Excerpts from reviews of the third edition

“Simply outstanding. Indispensable. A modern classic.”

Michael Christie SC, Building and Construction Law Journal


“Building on the well-earned reputation of the first and second editions, Construction Law is an invaluable reference work for practising lawyers, academics and construction professionals working in any common law jurisdiction. There is an openness and candour in Bailey’s writing style through which he conveys his commitment to help a reader of any professional background understand the complex machinery that makes construction law tick. I do not hesitate to recommend this book for  its comprehensive coverage, its scholarship and its remarkably good value.”

Professor David Mosey, a review in Construction Law Magazine (August 2020)


“The third edition of Julian Bailey’s book Construction Law is just out, and it is superb… This edition is ideal not only for you construction industry solicitors and barristers but also for you consultants – indeed all of us dealing with the everyday conundrums about standard forms, non-standard forms, statutes and case law. Talking of case law, the author takes us to almost 11,000 judgments across the three volumes. Volume one is about legal and commercial frameworks for the professional consultants, as well as contractors, subcontractors and more. Here too are the PFI, PPP, BOT (build-operate-transfer) and Boots (build-operate-own-transfer) procurement routes. Volume two digs into price and payment variations, varied contractors, running the works and fighting legalistic fire – breaches, termination and remedies. Volume three goes into the deep waters of waiver and estoppel, dispute resolution systems and, of course, adjudication.”

Tony Bingham, writing on Building.co.uk


“It is truly a monumental achievement by its author Julian Bailey to produce a work of such breadth and scope”

Chantal-Aimée Doerries QC, The International Construction Law Review 


Construction Law is Julian Bailey’s terrific three-volume treatise that covers fundamental construction law in England, Australia, Singapore, and Hong Kong.  The current Third Edition went into print earlier this year, and London Publishing Partnership has produced a magnificent book whose physical quality is every bit as exceptional as its contents.  The binding is now an eye-catching but pleasing deep orange, and the pages are  thin yet comfortably opaque.  These volumes are solid – and I mean physically sturdy – with each coming in at nearly four pounds, including the courtesy cord that is sewn in for use as a bookmark.  All in all, a hefty and impressive production for attorneys who savor the touch and feel of treatises as welcome relief from the trend toward electronic research and digital publications.

These attributes are important to the author and to his new publisher.  The superior content is what matters most, of course, but Bailey and LPP have been driven to put this book out in hard copy alone to avoid the scourge of Internet piracy, and LPP has delivered the treatise in a most attractive form that warrants trust in the print-only decision.   Most striking, as Julian notes, is the fact that the Third Edition has a recommended price that is a small fraction (about one-fourth, to be precise) of the listed price of the Second Edition.  He hopes (as do we all!) that this starts a trend toward publication of treatises at more reasonable and more accessible prices.  Blackwells, for reference, lists the Third Edition at $168.52 for all three volumes, compared with $614.79 for the 2016 Second Edition.

My assessment of the Second Edition in these pages (37 The Construction Lawyer 42 (Winter 2016)) stands –- “the writing is efficient and pellucid” etc. and it was a sound investment at four times the price.   The scope has not changed measurably, but the contents have been updated with countless new references and updates that make the treatise an accurate statement of the law through November of last year.

The treatise is invaluable as a reference for those who practice in the four jurisdictions it covers, of course.  At the same time, it offers a wonderful overview to American practitioners in two respects.  First, the introduction to construction contracts and law generally is superb and among the most cogent I have come across for those new to the world in which we practice.  Second, it is refreshing to read about different approaches to discrete construction law topics as a reminder that many American construction law principles are neither obvious nor inevitable, but rather required consideration and deliberate choice among equally plausible alternatives.”

Stephen Hess, The Construction Lawyer journal


Praise for previous editions

“This is no ordinary or pedestrian book on ‘building contract law’. It is a tour de force.”

Sir Rupert Jackson


A “seminal” and “definitive” work.

His Honour Humphrey LLoyd QC, International Construction Law Review


“Now in its second edition – eagerly anticipated by the legal profession internationally – Construction Law is firmly established as a classic. Indeed, it is one of the finest works in any branch of English or Australian commercial law published in the past half century. Construction Law is a magisterial work. It is impossible to praise it too highly. The author has distilled principles from an enormous body of case law…and covered the breadth of construction law with great skill and clarity. One can only marvel at the author’s extraordinary achievement.”

Michael Christie SC, Building and Construction Law Journal


“The second edition of Construction Law stands upon the shoulders of the giant achievement that was the first, and encourages us to look forward to many further editions which will continue to illuminate our fascinating yet complex area of law. The international construction law community is once more in Julian Bailey’s debt.”

Dr Matthew Bell, Construction Law International


“Bailey has once again created a practical epic, establishing himself as a virtuoso of construction law on an international scale. The second edition, like the first, is a friend to construction law, written as a guide to the field’s ins-and-outs and a tool to navigate its halls. I have full confidence in recommending this text to any practitioner or student in need of a comprehensive and authoritative collection of all things construction related.”

— Professor Doug S Jones AO, International Construction Law Review


“The writing is efficient and pellucid… Every section covers its scope with the right amount of detail, neither leaving the reader hungry for more, nor sedated by incursions into unnecessary detail.”

— Stephen A. Hess, Construction Lawyer


“Outstanding… Wherever one looks, the completeness of coverage and case citation stands out as does the clarity of the exposition. Practitioners need this… This is a true practitioner’s work in an area where much law is made and practised here and overseas.”

— Richard Wilmot-Smith QCLaw Quarterly Review


Julian Bailey is a solicitor and partner at White & Case LLP, London, where he practises in the field of construction law on an international scale. He is Adjunct Professor of Law at Hamad bin Khalifa University, Doha, Qatar, and he was Chairman of the Society of Construction Law (UK) in 2015–2016.


The book is published as a three-volume set of 3,150 pages and contains the following

Table of abbreviations
Table of cases
Table of arbitration awards
Table of statutes
Table of statutory instruments
CHAPTER 1: THE LEGAL AND COMMERCIAL FRAMEWORKS
CHAPTER 2: CONTRACT FORMATION
CHAPTER 3: CONTRACT TERMS
CHAPTER 4: PROCUREMENT
CHAPTER 5: CONTRACT ADMINISTRATION
CHAPTER 6: PRICE AND PAYMENT
CHAPTER 7: VARIATIONS
CHAPTER 8: THE SITE
CHAPTER 9: BREACH OF CONTRACT AND TERMINATION
CHAPTER 10: NEGLIGENCE
CHAPTER 11: TIME
CHAPTER 12: SECURITY FOR PERFORMANCE
CHAPTER 13: DAMAGES
CHAPTER 14: DEFECTS
CHAPTER 15: CONSULTANTS
CHAPTER 16: INTELLECTUAL PROPERTY
CHAPTER 17: INSURANCE
CHAPTER 18: STATUTORY REGULATION OF WORK
CHAPTER 19: HOME BUILDING CONTRACTS
CHAPTER 20: SUBCONTRACTS, ASSIGNMENT, NOVATION, WAIVER AND ESTOPPEL
CHAPTER 21: EMPLOYMENT, HEALTH AND SAFETY
CHAPTER 22: BANKRUPTCY AND INSOLVENCY
CHAPTER 23: DISPUTE RESOLUTION
CHAPTER 24: STATUTORY ADJUDICATION
CHAPTER 25: ARBITRATION
CHAPTER 26: LITIGATION
Index

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