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Remedies in Construction Law (Construction Practice Series), by Roger Ter Haar
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Remedies in Construction Law brings together various well - established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. This is the first time that the subject of remedies has been approached in this way with regard to construction law specifically. The book also includes chapters on how to resolve a dispute through different methods of alternative dispute resolutions.
- Sales Rank: #4473226 in Books
- Published on: 2010-08-01
- Original language: English
- Number of items: 1
- Dimensions: 9.75" h x 6.75" w x 1.25" l, 2.07 pounds
- Binding: Hardcover
- 464 pages
About the Author
Roger Ter Haar QC is a silk at Crown Office Chambers, London, where his wide-ranging practice includes construction and engineering dispute resolution.
Camilla Ter Haar is a barrister at Five Paper Chambers, London, where her successful practice encompasses construction law litigation. �
Most helpful customer reviews
0 of 1 people found the following review helpful.
Making a suitable case for remedies....
By Phillip Taylor MBE
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An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
This book is seriously needed by the Construction Bar! The authors, father and daughter team Roger and Camilla ter Haar, have produced an essential statement of practice for both the academic and the practical elements of what we need to tell the clients in a construction case- what can I get? This is especially relevant where we are negotiating a settlement which can crop up quite frequently in this specialist area of law, often when the case is part heard because of the way the evidence has gone. The case law citations, the detailed index and the academic comment are great bonuses for this essential reference book for chambers.
The book starts well with a description of what we do at the Construction Bar- in general we cover building, engineering and technology projects with particular reference to standard forms of contract although most disputes arise out of or in respect of construction projects. The term is quite loose today as it covers a number of linked substantive law areas and the remedies available in them.
There are a number of books on the market covering the thorny issue of remedies for torts and breach of contract which are so intermingled in reality as to need the rigorous analysis demanded by the courts when remedies in these areas are sought.
That is where `ter Haar on Remedies' comes into its own. There are 25 chapters covering all the main areas: rectification, rescission, quantum meruit, termination, frustration, measure of damages, the `black hole' cases, loss of profits and overheads, `global' claims, costs and interest, set off, injunctions, specific performance, declarations, limitation and dispute resolution.
It is worth looking at the last chapter on ADR in particular because there are some very handy hints on how the courts may well be viewing the timetable of proceedings in the future. It may well be that when there is a new edition of this work (as they surely must be!) that chapter 25 will be expanded as ADR itself expands.
The authors have made out a great case for handling the issue of remedies with intelligent use of authorities although, as they say, it is not designed to cover or include a whole range of problems in commercial construction projects, but to give us an identification of the areas that are likely to be of interest when running a case- they do just that and `ter Haar' has an important place in the chambers library in both the contract and the tort sections.
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