Extra-Contractual Recoveries for Construction & Engineering Work

Extra-Contractual Recoveries for Construction & Engineering Work​, written by Robert Fenwick Elliott and published in May 2022 by London Publishing Partnership. Hardback £195. Volume I, 392 pages (Principles & Commentary). Volume II, 1077 pages (Extracts from Statutory Provisions and Case Law).

This new book by Robert Fenwick Elliott provides a wide ranging toolkit of legal principles and strategies for overcoming the contractual barriers and hurdles, now commonplace in complex construction and engineering work contracts, intended to defeat contractors (and subcontractors) financial claims. The book also provides legal routes for financial recovery when the underlying contract has been vitiated. As such it is written for the contractor but praemonitus praemunitus will be valuable to the client/developer. The book takes the reader through an explanation of relevant common law legal precedents, principles of equity and statutory vehicles and how they can be applied in practice to achieve financial recovery. The author helpfully sets out overviews, worked examples and check lists for the remedies being discussed. The book covers many international common law jurisdictions but by necessity, concentrates on the England & Wales jurisdictions and Australian federal jurisdictions.

Volume I Chapter1 helpfully and in part entertainingly, sets the scene and scope for the book. There follows 12 well structured chapters dealing with a wide range of issues and remedies. Inevitably with a book of such range, some topics, eg Chapter 3 certification or Chapter 4 circumvention of contractual provisions, are dealt with in greater detail than others eg Chapter 11 bills of exchange and bonds. Where appropriate, the author sensibly recommends further reading beyond the scope of the book.

The book achieves a good balance between legal analysis and practical application supported by an extensive set of precedents and case law in Volume II. It should be a welcome addition to the bookshelves of contractors, clients/developers and their professional teams.

Designing Buildings users can get a 10% discount using the code RFE10DB.

It is available at: https://londonpublishingpartnership.co.uk/extra-contractual-recoveries/

This review was written by Richard Winward, CEO Designing Buildings.

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