Brooking on Building Contracts
The Law and Practice Relating to Building and Engineering Agreements
By: Damien J. Cremean, B. Shnookal, Michael H. Whitten, Michael F. Sharkey
This new edition provides detailed statements of the law and principles relating to building contracts. It includes the requirements for creation and variation of contracts, subcontracts, assignment, and construction defects. Cremean, Barrister; Shnookal, Barrister; Whitten, Barrister.
AI Overview
"Brooking on Building Contracts" is a comprehensive legal reference book written by experts in the field of building and construction law. The book is authored by Damien J. Cremean, B. Shnookal, Michael H. Whitten, and Michael F. Sharkey. 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 the formation and interpretation of building contracts, dispute resolution, and the practical implications of various legal principles.
- Practical Issues: It deals with basic but practical issues such as the effect of incomplete contract terms, the role of provisional sums and quantities, and the differences between various types of cost sums.
- Australian Jurisdiction: The book emphasizes the use of Australian cases and legal principles, providing a localized perspective on construction law that is distinct from other jurisdictions like the UK.
Plot Summary
The book is structured into nineteen chapters, each addressing a specific aspect of building contracts. The chapters cover topics such as the formation of contracts, the rights and obligations of parties, dispute resolution mechanisms, and the handling of subcontracts. The text is designed to be practical and authoritative, providing litigators and contractors with reliable guidance on the law and its application in real-world scenarios.
Critical Reception
- Comprehensive Coverage: The book is recognized as a leading reference in the field of construction law. It provides a comprehensive coverage of most areas expected in the field, although it does not delve deeply into the area of adjudication under current state legislations.
- Case Selection: The book is praised for its comprehensive selection of cases, which are chosen to provide authority and reasoning for the points made. The cases are not predominantly from one state or jurisdiction, and the authors show a willingness to endorse Australian cases over international ones.
- Practical Approach: The text is noted for its practical approach, dealing with basic but essential issues in a clear and concise manner. Each chapter is designed to be less than oppressive in length, making it accessible to practitioners.
Editions
The book has been published in multiple editions, with the most recent being the 6th edition. The editions have been well-received for their reliability and practicality, making them essential resources for those practicing in the field of construction law.
In summary, "Brooking on Building Contracts" is a highly regarded legal reference that provides comprehensive and practical guidance on construction law. Its emphasis on Australian cases and its clear, concise approach make it a valuable resource for litigators and contractors alike.