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.
Related articles on Designing Buildings
- 2015 appointments to the Irish Construction Contracts Adjudication Panel.
- Aspect Contracts (Asbestos) v Higgins Construction 2015.
- Contract claims.
- Contract.
- Disputes.
- Pay now argue later.
- Pendulum arbitration.
- Privy Council in NH International (Caribbean) Limited v National Insurance Property Development Company Limited (Trinidad and Tobago).
- The distinction between liquidated damages clauses and penalty clauses.
Featured articles and news
Listed despite problems with its design.
Zen and the art of cycling exploration.
Design Council Homes Taskforce launched
To support government 1.5 million homes target within UK climate commitments.
The story of this knowledge quarter building.
In ecology, in hydrology, in biology and in architecture.
Creating environments that promote physical, mental, and social well-being.
UK cases of neutral current diversion
Research project looks for example contributions.
Overstocking and macro-economics cause a decline.
The 2024 update of the Common Assessment Standard
Demonstrating organisational capability’ to fulfil roles under the Building Safety Act.
56 recommendations for a better built environment
Published by the CIC ahead of the King’s Speech.
SkillELECTRIC Top 8 Competitors Named
in annual search for the UK’s best student electrician.
CIOB Diversity and Inclusion technical information sheet
Step-by-step guide on implementing D and I practices.
Conservation and the Indian City. Book review.
Reversibility in conservation ethics
Learning from painting conservation.
Where It's AT Podcast launched!
New CIAT Architectural Technology Podcast goes live.