Powell]Smith and Furmston's Building Contract Casebook

About the Author Michael P. Furmston TD, BCL, MA, LLM, Bencher of Gray’s Inn, is Dean of the School of Law and Professor of Law at Singapore Management University. He is also Emeritus Professor and senior research fellow in the School of Law at Bristol University. An internationally– acknowledged authority on contract and commercial law, he is author of the leading textbook on contract law – Cheshire, Fifoot & Furmston on Contract, and has acted as Editor of the Construction Law Reports since 1985.

• Preface vii PART I – FORMATION OF THE CONTRACT 11 Letters of Intent 32 Costs of Tendering 93 Tenders and Estimates 144 Incorporation of Documents 205 Completion of the Contract 43PART II – PERFORMANCE OF THE CONTRACT 596 The Contractor’s Obligations 61Design 61Materials and workmanship 74Progress and completion 92Indemnities and insurance 957 The Employer’s Obligations 133Possession of site 133Time and extent of possession 133Site conditions 137Co-operation 142Instructions 151Payment 154Lump sum contracts 155Other contracts 158Retention 159Quantum meruit 162Set-off 165Miscellaneous 176Nomination of sub-contractors and specialists 176Objection to nominees 176Displacement of implied terms 177Form of sub-contracts 177Effect of failure 177Default in supply of goods 1788 Ownership and Vesting of Materials 180Materials and goods 180Vesting clauses 1859 Acceptance and Defects 18710 Approval and Certifi cates 191General 191Nature and effect of certifi cates 204Recovery without certifi cate 22611 Variations 22812 Damages for Breach of Construction Contracts 24613 Prolongation and Disruption Claims 27214 Liquidated Damages and Extensions of Time 319Liquidated damages 319Extensions of time 336Interpretation of provisions 351PART III – DISCHARGE OF THE CONTRACT 35315 Release 35516 Frustration 35817 Illegality 36518 Forfeiture Clauses, Repudiation and Determination 36919 Limitation 388The Limitation Act 1980 388Latent Damage Act 1986 391PART IV – SUB-CONTRACTS AND SUB-CONTRACTING 39920 Assignment and Sub-letting 40121 Domestic Sub-contractors 41122 Nominated Sub-contractors 414PART V – BUILDING CONTRACTS AND THE LAW OF TORT 44123 Building Contracts and the Law of Tort 443Table of Cases 467Index 485