Practical Guide to Engineering and Construction Contracts
By: Philip Loots, Donald Charrett
This hard cover book offers a concise, practical guide to the law relating to construction contracts in Australia. Written for engineers negotiating and administering construction contracts, it aims to assist readers in understanding the risks associated with these contracts and how to minimise them. The book is written by two experienced and respected authors who have a unique combination of local and international practical experience and professional and academic background in law and engineering.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title.
AI Overview
The "Practical Guide to Engineering and Construction Contracts" by Philip Loots and Donald Charrett is a comprehensive legal guide aimed at providing a concise yet accurate overview of the law related to construction contracts in Australia, as of 2009. Here is a detailed overview of the book:
Key Themes
- Legal Framework: The book focuses on the legal aspects of engineering and construction contracts, including the formation and terms of contracts, statutory intervention into freedom of contract, and the implications of the Trade Practices Act 1974 (Cth) on contractual conduct.
- Construction Contract Types: It identifies and discusses the specific features of construction contracts, including different types of construction contracts and their typical provisions.
- Contractual Formalities: The book covers the formalities of entering into a construction contract, providing a broad overview of the legal requirements and procedures involved.
- Regulatory Compliance: It emphasizes the importance of understanding and adhering to regulatory requirements, particularly in relation to misleading or deceptive conduct under the Trade Practices Act 1974 (Cth).
Plot Summary
The book is structured to provide a practical guide for engineers and other professionals involved in the negotiation and administration of construction contracts. It starts with a broad overview of the law of contract, which is essential for readers without formal legal knowledge. The subsequent chapters delve into specific aspects of construction contracts, including:
- Formation and Terms of Contracts: A detailed discussion on how contracts are formed and the key terms involved.
- Statutory Intervention: An examination of how statutory laws influence the freedom of contract in the construction industry.
- Contractual Conduct: A focus on the conduct associated with the negotiation and entry into contracts, including the implications of misleading or deceptive conduct.
- Types of Construction Contracts: An exploration of various types of construction contracts, including those used internationally (like FIDIC contracts).
Critical Reception
The book has received positive reviews for its practical approach and comprehensive coverage of the subject matter. Here are some excerpts from available reviews:
- Practical Application: The book is praised for its ability to provide a practical guide that is useful for engineers and other professionals involved in construction projects.
- Comprehensive Coverage: It is noted for its thorough coverage of the legal aspects of construction contracts, making it a worthwhile read for those interested in this area of law.
- International Relevance: Although FIDIC contracts are not widely used in Australia, the book’s discussion on these international standards adds value to its global relevance.
Overall, "Practical Guide to Engineering and Construction Contracts" by Philip Loots and Donald Charrett is a valuable resource for anyone involved in the negotiation, administration, or management of construction projects in Australia, offering a concise yet comprehensive understanding of the legal framework governing these contracts.