Extra-Contractual Recoveries for Construction and Engineering Work | 2022*

Extra-Contractual Recoveries for Construction and Engineering Work

Extra-Contractual Recoveries for Construction & Engineering Work was published by London Publishing Partnership in May 2022.

This distinctive construction law book explores all the avenues for recovering payment for work that fall outside the express terms of a contract. Combining legal insight with practical advice, it serves as an essential resource for professionals pursuing payment under challenging or restrictive contract conditions.

Unlike most construction law books that concentrate on construction contracts, this title offers a distinctive and thorough examination of alternative legal avenues for securing payment in construction and engineering projects—avenues that aren't apparent from the contract's express terms. These extra-contractual remedies, though crucial, are often overlooked. For the first time, they are presented in a cohesive framework. Topics covered include claims for damages due to implied terms, quantum meruit, negligence, statutory entitlements, and other legal doctrines such as prevention, impossibility, relief from forfeiture, and the effects of fraud and unconscionability—all of which can be used to overcome contractual barriers to payment.

Readers will find the included checklists particularly helpful, as they guide consideration of potential legal claims that may not be immediately obvious.

The work is split into two volumes: the first provides the core analysis, while the second compiles key extracts from relevant case law and legislation supporting these remedies. The full table of contents is listed below the author's information.

Table of Contents of Extra-Contractual Recoveries for Construction and Engineering Work

Volume I
Foreword by Professor Doug Jones AO
Preface
Table of Abbreviations, Latin Tags, Etc.
Tables of Cases
Table of Statutes

Chapter 1 – Introduction
Chapter 2 – Implied terms
Chapter 3 – Intermediate Agreements, Certifications, Etc
Chapter 4 – Circumvention of Contractual Provisions
Chapter 5 – Damages for Breach of Contract
Chapter 6 – Misrepresentation
Chapter 7 – Quantum Meruit
Chapter 8 – Negligence and Other Torts
Chapter 9 – Repudiation, Frustration and Other Doctrines
Chapter 10 – Statutory Recoveries
Chapter 11 – Bills of Exchange, Bonds, Liens, Charges Etc
Chapter 12 – Contracting out of Extra-Contractual Liability
Chapter 13 – Adjudication and Other Recovery Techniques
Chapter 14 – Procurement and Management
Envoi
Index

Volume II
Appendix I – Extracts from Statutory Provisions
Appendix II – Extracts from Cases
Index

About The Author of Extra-Contractual Recoveries for Construction and Engineering Work: 

The author, Robert Fenwick Elliott, established the London law firm Fenwick Elliott in 1980 and brings over four decades of experience in handling construction and engineering claims. He currently practises as a barrister in Australia and is also an international member of Keating Chambers in the UK.

This book examines the laws of England, Australia, and other common law jurisdictions worldwide. Far from being just an academic text, it offers sharp, practical insights from one of the leading construction litigators of his generation.