Brooking on Building Contracts
The Law and Practice Relating to Building and Engineering Agreements
By: Damien J. Cremean, B. A. Shnookal, Michael H. Whitten
Third edition of an Australasian legal text in the field of building and engineering contract law. Originally written by Mr Justice Robert Brooking in 1973, this edition contains parts of the original work and additions made in the second edition where appropriate, incorporating the many judicial decisions, legislative changes and developments in the building industry which have occurred in recent years. Includes a table of cases, tables of statutes, bibliography and index. The author is senior lecturer in law at Deakin University, a barrister, arbitrator and mediator.
AI Overview
"Brooking on Building Contracts" is a comprehensive legal reference book written by Damien J. Cremean, B. A. Shnookal, and Michael H. Whitten. Here is a detailed overview of the book:
Key Themes
- Construction Law: The book covers a wide range of topics related to construction law, including contract formation, performance, and disputes resolution.
- Practical Issues: It deals with practical issues such as the effect of incomplete contract terms, the difference between provisional sums, provisional quantities, and prime cost sums, and the implications of tendering processes.
- Australian Jurisdiction: The book focuses on Australian construction law, using a variety of Australian cases to provide authority and reasoning for the points made. This approach is distinct from other texts that might rely heavily on UK case law.
Plot Summary
The book is structured into nineteen chapters, each addressing a specific aspect of building contracts. The chapters cover foundational topics like contract formation and performance, as well as more specialized areas such as subcontracts and adjudication under state legislations on construction contracts and security of payments.
Critical Reception
- Expertise: The book is recognized as a leading reference in the field of construction law. It is praised for its reliability and practicality, making it a valuable resource for both litigators and contractors.
- Comprehensive Coverage: The text is commended for its comprehensive coverage of most areas expected in construction law. However, it is noted that adjudication under current state legislations is mentioned only in passing, rather than being explored in detail.
- Case Selection: The selection of cases used in the book is praised for being comprehensive and chosen to best support the points made. The use of Australian cases rather than relying on UK case law is also highlighted positively.
Editions
The book has been published in multiple editions, with the most recent being the 6th edition. Each edition has been updated to reflect changes in the field of construction law and to include new case law and legislative developments.
Practical Application
The book is designed to be practical and accessible, with each chapter being concise and easy to understand. It addresses basic but crucial issues in construction law, making it a useful resource for those working in the field.
In summary, "Brooking on Building Contracts" is a highly regarded legal reference that provides comprehensive coverage of construction law, focusing on practical issues and using a variety of Australian cases to support its points. Its reliability and practicality make it a valuable resource for litigators and contractors alike.