£195.00
A unique construction law text, describing all the routes to recovery of payment for work that are not to be found in the express words of the contract. It contains both legal scholarship and practical guidance, and will be a particularly valuable tool for those seeking payment in the face of oppressive contract conditions.
Extra-Contractual Recoveries for Construction & Engineering Work was published by London Publishing Partnership in May 2022.
This book is a unique construction law text, describing all the routes to recovery of payment for work that are not to be found in the express words of the contract. It contains both legal scholarship and practical guidance, and will be a particularly invaluable tool for those seeking payment in the face of oppressive contract conditions.
This two-volume, 1,300-page work retails at £195 (the Australian RRP is AU$395). Anyone who wishes to buy the book can do so via the orange “Buy Book” button above. Anyone wishing to order five or more copies should email lpp@londonpublishingpartnership.co.uk with details as discounts might be available.
“This text, the magnum opus of an already impressive oeuvre, will make a formidable contribution to the domain of construction law and provide great value to counsel, arbitrators, judges and construction industry participants at all levels of the industry.”
— From the book’s foreword by Professor Douglas Jones, international commercial and investor/state arbitrator, and an International Judge of the Singapore International Commercial Court
“The merit of the book lies in the author’s encyclopaedic knowledge, but also in its engagement with the real-life business of setting up and running projects. It will delight all those (lawyers and construction professionals) in the business of claims and defending against them. To have such experience distilled in such a rigorous and systematic way is a gift to the reader.”
— Philip Britton, co-author of Residential Construction Law (Hart, 2021) and Visiting Professor (Law), King’s College London
“To the unwary, a construction contract may give the impression of creating a complete universe of rights and obligations. Yet any contract is merely foreground, against a wider landscape of common law, statute and sometimes even customary laws. Contracting parties need to know where they stand from an overall legal perspective. In Extra-Contractual Recoveries, Robert Fenwick Elliott shows us with great clarity the ‘Yang’ of construction law that nestles against the ‘Yin’ of the contract’s written letter”.
— Julian Bailey, author of Construction Law (3rd edition, LPP, 2020) and partner at White & Case LLP, London
“Construction law is traditionally understood to be primarily a subset of contract law, as applied in detail via the common law and via standard and bespoke forms of contract. This understanding can obscure the growing importance of remedies which lie outside (or, adjacent to) this contractual realm. This book is valuable not only for bringing these extra-contractual matters out of obscurity but in its sheer generosity of insight, drawn from the author’s deep and thoughtful engagement at the forefront of international construction law discourse and practice over many years. The international construction law community, and the broader community it serves, will be all the richer for this book’s contribution.”
— Dr Matthew Bell, Associate Professor and Co-Director of Studies for Construction Law, Melbourne Law School, The University of Melbourne
“Robert Fenwick Elliott has produced an encyclopedic collection of material on Extra-Contractual Recovery and beyond. Elements of it could be extracted and reassembled into a brief history of some of the almost forgotten quirks of the common law. The existence of this material, interwoven with a more traditional academic coverage of the issues, results in a text which is informative, authoritative and comprehensive but which also the flavour of a historical novel about it. … Any advisor looking to assist a contractor who has its back against the wall because of provisions in a contract will be greatly assisted by the book.”
— Phillip Greenham, from a review in the Australian Construction Law Newsletter (July/August 2022)
“An essential addition to the library of those who practice or have an interest in construction and engineering law. … The book is recommended and provides a valuable bank of knowledge for all those with an interest in construction law.”
— Dr Paul Hughes, from a review in Irish Law Times (2022; no 13, 192)
“An intelligent and sophisticated road-map for contractors seeking to argue against and thus circumvent express contractual terms. … The book is well-researched and comprehensive, and perhaps gives the reader much more than the title would indicate. Extra-Contractual Recoveries for Construction & Engineering Work is a welcome text in the world of construction law and it will provide an excellent point of reference for counsel, arbitrators, judges and construction industry professionals. The book forces readers to think creatively and to look outside of the express terms of the contract. Thus, the book will be especially cited by contractors who will see it as an important compelling authority in support of extra-contractual recoveries. The author must be congratulated on many levels for giving us an influential text.”
— Dr Hamish Lal, from a review in the Construction Law Journal (2022; volume 38, no. 8)
Other books on construction law focus on construction contracts. This book, on the other hand, contains a unique in-depth analysis of other legal routes to payment for construction and engineering work which are not evident from the express words of the contract. These extra-contractual remedies are of great importance, but are frequently underused; for the first time, they have been brought together in a unified way. They include claims in damages for breach of implied terms, quantum meruit, negligence, statutory recoveries, and other legal principles that may be in invoked, including prevention, impossibility, relief from forfeiture to circumvent contractual obstacles to payment, and the impact of fraud and unconscionability.
Particularly useful will be the checklists, prompting the reader to explore possible causes of action that may not otherwise present themselves as available.
The first volume contains the main text. The second volume reproduces the key passages from decided cases and legislation which underpin these extra-contractual remedies. The full table of contents for the work appears underneath the author details below.
The author, Robert Fenwick Elliott, founded the London Law firm Fenwick Elliott in 1980, and now has over 40 years’ experience as a lawyer pursuing and defending construction and engineering claims. He now practises as a barrister in Australia and is an international member of Keating Chambers in the UK.
This work considers the law of England, Australia and other common law jurisdictions around the world. The book is not merely an academic tome, but an incisive and compelling practical guide from one of the most successful construction litigators of his generation.
Foreword by Professor Doug Jones AO
Preface
Table of Abbreviations, Latin Tags, Etc.
Tables of Cases
Table of Statutes
Chapter 1 – Introduction
Chapter 2 – Implied terms
Chapter 3 – Intermediate Agreements, Certifications, Etc
Chapter 4 – Circumvention of Contractual Provisions
Chapter 5 – Damages for Breach of Contract
Chapter 6 – Misrepresentation
Chapter 7 – Quantum Meruit
Chapter 8 – Negligence and Other Torts
Chapter 9 – Repudiation, Frustration and Other Doctrines
Chapter 10 – Statutory Recoveries
Chapter 11 – Bills of Exchange, Bonds, Liens, Charges Etc
Chapter 12 – Contracting out of Extra-Contractual Liability
Chapter 13 – Adjudication and Other Recovery Techniques
Chapter 14 – Procurement and Management
Envoi
Index
Appendix I – Extracts from Statutory Provisions
Appendix II – Extracts from Cases
Index
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