Book Reviews: Defective Construction Work

 


Title:      Defective Construction Work
Categories:      Construction
Authors:      Kevin Barrett
ISBN-10(13):      063205929X
Publisher:      Wiley-Blackwell
Publication date:      2008-06-27
Number of pages:      224
Language:      English
Picture:      cover           Button Buy now
Review:     

This particular book, comprising of twenty different sections, is a very welcome addition to the bookshelves of both Built Environment students and construction based practitioners. Particularly so in a world of increasing construction disputes. Written by a solicitor with over twenty years experience of building disputes, the book examines the roles, responsibilities and liabilities of the project team when defects occur on construction projects.

Despite being based around a legislative subject area, the book is very easy to read as it is extremely well written. The first few sections deal with the contractual side of construction and covers areas such as common law, contractual rights, an overview of contracts and letters of intent before moving to legislative matters, the Defective Premises Act 1972 and other Statutory Requirements. In the middle sections, the book highlights, in great detail, the builders' obligations and in particular defects before completion, defects at completion and defects post - completion. The later sections deal with the duties of the construction project team and, in particular, the duties of the Project Manager, Quantity Surveyor, Architect, CDM Co-ordinator, Clerk of Works and the Engineer's Representative. The last section discusses dispute resolution and highlights the various methods and options available such as litigation, arbitration and/or adjudication that can be adopted to solve a dispute. A summary section at the end of the book could be added to 'sum up' the subject area.

Having completed a PhD in the area of construction defects in 2007, I am somewhat saddened that this book was not available as a reference source for me to use within my thesis because there are many areas of the book that would have made valuable references within my thesis, in particular the comprehensive list of up-to-date table of cases.

Overall, Kevin Barrett has produced a fine text book on a very important subject area and a subject area which in today's economic climate is becoming of even greater importance. What is important for the construction team is that they should possess a good working knowledge of their responsibilities and liabilities and this book certainly provides this.

A book on this subject area cannot be exhaustive as the subject is too wide ranging. The potential readership of the book could possibly be widened if specific reference were made to Mediation as a modern dispute resolution method and (especially in Scotland) to Scots Law because, for example, the Law of Arbitration and the Statute of Limitations and Prescriptive Periods differ under Scots Law to similar legislation in English Law.

Dr Nigel Craig

Glasgow Caledonian University

ncr@gcal.ac.uk