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AI Overview

"Brooking on Building Contracts" is a comprehensive legal text written by Damien J. Cremean, Michael H. Whitten, and Michael F. Sharkey. The book is a significant resource in the field of construction law, particularly in Australia and Australasia. Here is a detailed overview of the book:

Key Themes

  1. Construction Law: The book focuses on the law and practice relating to building and engineering agreements. It covers a wide range of topics including contract formation, interpretation, and enforcement.
  2. Standard Forms of Agreement: It provides a detailed examination of various standard forms of agreement currently in use, which is essential for practitioners and legal professionals.
  3. Local Decisions: The text includes a thorough analysis of local decisions, which helps in interpreting and applying the law in specific jurisdictions.
  4. Contractual Obligations: It delves into the obligations of parties under building contracts, including issues related to performance, variation, and dispute resolution.

Plot Summary

The book is structured to provide a clear and understandable guide to the law relating to building contracts. Each chapter is designed to be relevant throughout Australasia, making it a valuable resource for legal professionals and construction industry stakeholders. The text includes:

  • Historical Context: The book has a rich history, with the first edition being heralded by the High Court of Australia in 1974. The 5th edition, published in 2014, continues this tradition of excellence.
  • Comprehensive Coverage: It covers all aspects of building contracts, from formation to dispute resolution, ensuring that it remains the standard text on the subject in Australia.
  • Practical Application: The detailed examination of standard forms of agreement and local decisions makes it easier for practitioners to apply the law in real-world scenarios.

Critical Reception

The book has received positive reviews from legal professionals and judges. Here are some excerpts:

  • Foreword by Justice Stephen Gageler: In the foreword to the 5th edition, Justice Stephen Gageler of the High Court of Australia praised the authors for their skill and care in producing a comprehensive and understandable text. He noted that the book is "comfortingly familiar and agreeably new, like a building that had been renovated and extended with skill and care" .
  • Judicial Endorsement: The foreword to the 3rd edition was written by the Hon Robert Brooking AO QC, and it was later quoted by the Hon Justice Murray Kellam in the foreword to the 4th edition. This endorsement highlights the book's reputation as a trusted resource in the field of construction law .
  • Academic Recognition: The book is widely cited in academic literature, including in the Australian Construction Law Bulletin, which underscores its significance in the legal community .

Conclusion

"Brooking on Building Contracts" is a seminal work in the field of construction law, providing a comprehensive and practical guide to the law and practice relating to building and engineering agreements. Its detailed analysis of standard forms of agreement and local decisions makes it an essential resource for legal professionals and construction industry stakeholders. The positive reception from judges and legal professionals further solidifies its position as the standard text on the subject in Australia.