i-law

International Construction Law Review

BOOK REVIEW

DOUG JONES

Kennedy-Grant on Construction Law. By Tómas Kennedy-Grant, QC. Lexis Nexis NZ Ltd. 2nd edition, 2012. ISBN 978–0–408–71786–1. 938 pp., Index 20 pp., Tables and Contents, etc. NZ$184.
Following on from his first publication, Tómas Kennedy-Grant, QC, continues to develop a variety of matters relating to construction law in New Zealand and in other Commonwealth jurisdictions. The book succeeds in providing an organised depiction of where construction law is placed in relation to the wider scope of Commonwealth legal systems.
The book builds a solid foundation for the reader by beginning with an overview of the construction process and the various types of entities and relationships associated with construction projects, moving on to provide a thorough background analysis of general contractual and tortious principles. The text then descends to applying these principles to the practice of construction law by discussing relevant issues such as discharge, waiver and estoppel, remedies and restitution in the context of construction contracts, and liability, breach and negligence in the context of potential tortious construction claims.
Key chapters in the book include those which discuss in great detail the various legislative instruments used to regulate construction in New Zealand, with two of the major statutes being the Resource Management Act 1991 and the Building Act 2004, as well as the chapters which address the array of construction contracts available for possible implementation into construction projects, including head contracts, subcontracts, contracts for professional services and supply contracts. Of equal importance are the topics on dispute resolution, which cover the variety of ADR commonly seen in modern construction contracts as well as the statutorily defined forms of adjudication and mediation as found in the Construction Contracts Act 2002 and the Weathertight Homes Resolution Services Act 2006.
The author has used his deep knowledge of practice in construction law to produce an extensively researched and easy to read book which will appeal to all those involved in the construction industry, from lawyers to contractors and owners. The book provides the reader with a holistic understanding of construction law from design to completion in New Zealand. The book is also likely to resound in most other Commonwealth jurisdictions.

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