Remedies in Construction Law

Roger Ter Haar KC

Document

Page 407

Index

Abatement 19.1–19.62
- exclusion of rights 19.22–19.24
- Housing Grants, Construction and Regeneration Act 1996 19.48–19.61
- limits 19.10–19.12
- nature of 19.2, 19.7
- statutory 19.9
Account of profits 11.54–11.59
Adjudication 25.58–25.73
- approach of Act 25.63–25.73
- background 25.60–26.62
- construction operations 25.66
- courts, and 25.71, 25.72
- limitation 24.48–24.55
- quantum meruit, and 5.43–5.45
- reference of dispute to 25.69
- success of 25.73
Adjudicator
- powers to rectify 2.54, 2.55
- specific performance, and 22.44, 22.45
Affirmation
- rescission, and 3.41–3.43
Alternative dispute resolution 25.74–25.96
- binding effect 25.80
Anticipatory breach 6.7
Anti-suit injunctions
- forum shopping 21.62–21.71
Arbitration 25.15–25.57
- agreements to arbitrate 25.19
- appeals from awards 25.48–25.56
- Arbitration Act 1996 25.18
- challenges to awards 25.48–25.56
- choice of arbitrator 25.39–25.42
- confidentiality 25.23–25.29
- decision on form 25.57
- disadvantages 25.33–25.35
- discretion of tribunal 25.31
- documents only procedure 25.32
- enforceability of awards 25.48–25.56
- expedition 25.38
- expense 25.43–25.47
- injunction, and 21.76–21.82
- limitation 24.42–24.47
- objectives 25.16
- privacy 25.23–25.29
- procedure 25.30–25.37
- rescission, and 3.69, 3.70
- separate proceedings 25.37
Arbitration clauses
- Set-off, and 19.62
Arbitrator
powers 21.82
specific performance, and 22.43
power to rectify 2.51–2.53
Assignment
- black holes, and 10.54–10.65

Bankruptcy
- Set-off in 19.32–19.42
Battle of the forms 20.12–20.15
Betterment
- measure of damages, and 9.21–9.23
Black hole cases 10.1–10.76
- assignment, and 10.54–10.65
- Buncefield explosion see Buncefield explosion
- Contracts (Rights of Third Parties) Act 1999 10.66–10.73
- Dunlop v Lambert, rule in 10.7–10.52
- exception to rule 10.4–10.6
- general rule 10.2, 10.3
- Latent Damage Act 1986 10.74–10.76
- loss suffered by third party 10.1
- Panatown see Panatown
- the St Martins extension 10.13–10.20
Breach of statutory duty, damages for 12.69
Bribery
- rescission, and 3.26, 3.27
Buncefield explosion 10.53

Call on bond
- injunction restraining 21.89
Causation
- damages, and 11.2–11.13
- damages in negligence, and 12.23–12.29
Page 408

Causing loss by unlawful means 12.73
Civil Liability (Contribution) Act 1978 17.1–17.59
- ability of defendants to satisfy award of damages 17.18–17.20
- aim of 17.1
- assessment of contribution 17.43–17.58
  - discretion of court 17.44
  - dishonesty 17.48
  - one party fraudulent and another negligent 17.47
  - proper approach 17.51–17.56
  - vicarious liability 17.49, 17.50
  - sums paid by defendant to claimant 17.57, 17.58
- damage, meaning 17.8–17.13
- “liable” 17.21–17.42
  - factual basis of claim 17.34
  - restitutionary liabilities 17.25–17.28
  - timing issues 17.36–17.42
- questions arising 17.6
- the same damage 17.7–17.20
Claiming finance costs and interest 18.1–18.37
Commercial construction projects 1.7
Concurrent delay 14.47–14.69
- analysis of events 14.57
- causation 14.49
- causative effect 14.47, 14.68
- caused by employer and contractor 14.59
- computer programming evidence 14.50, 14.55, 14.56
- critical path through works 14.51
- determination of actual cause 14.69
- employer and contractor 14.60, 14.61
- extension of time, and 14.53
- float in contract programme 14.58
- later event for which employer responsible 14.63, 14.64
- programming tools 14.50, 14.55–14.56
Conflict of interest
- rescission, and 3.26, 3.27
Construction law
- meaning 1.2
Contempt of court 21.58–21.61
Contracts (Rights of Third Parties) Act 1999 10.66–10.73
Contributory negligence
- damages, and 11.23–11.29
- negligence damages, and 12.39–12.43
Co-ownership
- specific performance, and 22.42
Corporate insolvency
- Set-off, and 19.43–19.47

Damages
- additional profit 11.46
- adequacy
  - specific performance, and 22.38, 22.39
- assessment of loss of chance 11.17
- benefits to be taken into account 11.45–11.52
- benevolent payments from third parties 11.51
- causation 11.2–11.13
  - “but for” 11.5
  - concurrent causes 11.7
  - effective 11.3–11.6
  - novus actus interveniens 11.8–11.13
- contributory negligence 11.23–11.29
- distinguishing claims from claims within contract 11.60, 11.61
- expectation 11.19–11.22
- foreign currency awards 11.30–11.35
- in lieu of injunction 21.35–21.45
- interest as 18.5–18.8 see also interest
- loss of opportunity to bargain 11.54–11.59
- mental distress, for 11.36–11.44
- Misrepresentation Act 1967, under 3.32–3.40
- negligence 12.4–12.46 see also Negligence, damages in
- payments by insurers 11.52
- physical inconvenience, for 11.36–11.44
- reliance 11.19–11.22
- standard of proof 11.14–11.18
  - balance of probabilities 11.14
- taxation 11.53
- tort see Tort, damages in
Damages for breach of contract 8.1–9.39
- Hadley v Baxendale see Hadley v Baxendale
- losses within reasonable contemplation 8.5–8.27
- measure of damages see Measure of damages
Deceit, damages for 12.61–12.65
- date of misrepresentation 12.65
Declarations 23.1–23.43
- added to other claims 23.3–23.5
- advantages 23.1, 23.12–23.15
- exclusion of jurisdiction by agreement 23.10
- granting 23.43
- interim 23.19–23.27
- jurisdiction of courts 23.9
- legal effect of judgement 23.11
- nature of 23.2
- negative 23.28–23.42
  - abuse of power 23.31–23.35
  - enforcement of arbitration, and 23.42
  - jurisdictional advantage 23.37
  - reluctance of courts to grant 23.41
  - resolution of disputes 23.40
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  rights, of 23.17, 23.18
- summary of principles 23.16
Defective Premises Act 1972
- exclusion clauses, and 20.72
Delay
- concurrent see Concurrent delay
- damages for breach of contract, and 8.19
- frustration, and 7.19–7.21
- loss of profit, and 13.5
- rescission, and 3.44
Dispute boards 25.93–25.96
Dispute resolution 25.1–26.97
Dunlop v Lambert, rule in 10.7–10.52
The Albazero 10.9–10.12
Duress
- rescission, and 3.23–3.25

Economic torts 12.70–12.73
Engineer’s decision 25.97
Equitable relief
- limitation 24.36–24.37
Exclusion clauses 20.1–20.74
- battle of the forms 20.12–20.15
- consequential losses 20.39–20.45
- construction contra proferentem 20.18
- consumer contracts 20.71
- Contracts (Rights of Third Parties) Act 1999 20.74
- Defective Premises Act 1972 20.72
- deliberate breach 20.34–20.36
- entire agreement clauses 20.46
- fraud, and 20.29–20.33
- incorporation 20.2–20.15
- indirect loses 20.39–20.45
- interpretation 20.16–20.51
- liability for negligence 20.19–20.27
- remedies for misrepresentation, and 20.70
- repugnancy 20.37, 20.38
- schemes allocating risks 20.47–20.51
- strict construction 20.17
- sufficiency of notice 20.4–20.11
- terms implied by statute 20.73
- Unfair Contract Terms Act 1977 20.52–20.69
Extension of time clauses 14.32–14.46
- acceleration 14.39
- calculation 14.36
- construction 14.43, 14.35
- delay, and 14.37, 14.38
- failure to operate machinery 14.40, 14.41
- provisions limiting right to claim 14.42
- supervising officer 14.34
- waiver of compliance with condition precedent 14.45

Foreign court
- recovery of damages awarded by 15.19–15.21
Foreign currency awards 11.30–11.35
Forum shopping
- Anti-suit injunctions 21.62–21.71
Fraud
- exclusion clauses, and 20.29–20.33
- limitation 24.28–24.30
- limitation clauses, and 20.29–20.33
- rescission, and 3.51
Frustration 7.1–7.53
- acts of third party 7.35
- amount or significance of variations 7.23
- application of doctrine 7.14–7.31
- consequences of discharge through 7.44–7.50
- default of contractor, and 7.32–7.34
- delay 7.19–7.21
- destruction of subject matter of contract 7.15–7.18
- difficulties in obtaining supplies 7.25–7.27
- doctrine 7.2–7.8
- doctrine not to be lightly invoked 7.10
- effect 7.9
- effect of contractual provisions 7.38–7.43
- extrinsic evidence as to assumptions of parties 7.11–7.13
- foundation of modern law 7.4
- Law Reform (Frustrated Contracts) Act 1943 7.46–7.50
- legislative changes 7.29, 7.30
- modern doctrine 7.5
- multi-factorial approach 7.7
- mutual mistake, and 7.51–7.53
- object of doctrine 7.6
- price, changes in 7.22
- sanctity of contract, and 7.2, 7.3
- secondary obligation, and 7.44
- self-induced 7.32–7.37
- shortage of labour 7.24
- standard forms provisions 7.39–7.43
- strikes 7.28
- variation instruction, and 7.37
- war, and 7.31
Fundamental breach
- repudiation, and 6.8, 6.9

Global claims 16.1–16.35
- adequacy of pleading 16.13–16.25
- apportionment of loss and expense caused by disruption 16.29–16.32
- categories 16.6
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  effect of authorities 16.34
- essence of 16.33
- loss and expense claim 16.26
- meaning 16.27
- pleadings stage 16.8–16.11
- sufficiency of pleadings 16.5
- tensions presented by 16.3
Good faith
- repudiation, and 6.19

Hadley v Baxendale 8.1–8.27
- acceptance of responsibility 8.11–8.13
- categories of consequences of breach of construction contract 8.20
- commercial background of contract 8.17, 8.18
- damage likely to incur 8.14
- delay, and 8.19
- effect of final certificate 8.21
- falling property market, and 8.27
- holding costs, and 8.24
- knowledge of business activities 8.22, 8.23
- losses within reasonable contemplation 8.5–8.27
- particular type or kind of loss 8.15, 8.16
- reasonable foreseeability 8.8, 8.9
- reformation of principles 8.7
- two rules 8.6
Housing Grants, Construction and Regeneration Act 1996 19.48–19.61
- abatement, and 19.48–19.61
- set-off, and 19.48–19.61

Indemnity clauses 15.59–15.64
- construction 15.63
- FIDIC Red Book 15.61
- JCT Standard Building Contract (SBC/Q) 2007 15.60
Inducing breach of contract 12.71
Infringement of intellectual property rights 12.66–12.68
Injunctions 21.1–21.90
- anti-suit
  - forum shopping 21.62–21.71
- arbitration proceedings, and 21.76–21.82
- contempt of court, and 21.58–21.61
- damages in lieu 21.35–21.45
- final mandatory 21.7–21.9
- final prohibitory 21.2–21.6
- freezing 21.21–21.33
- interim 21.10–21.20
- limitation 24.36–24.37
- notification 21.34
- nuisance, and 21.83–21.86
- powers of arbitrator 21.82
- refusal in respect of tendering process 21.90
- restraining call on board 21.89
restraining proceedings bought in breach of agreed dispute resolution procedure 21.72–21.75
retention monies, and 21.87–21.88
trespass, and 21.83–21.86
Insolvency
- Set-off in 19.28–19.47
Interest
- damages, as 18.5–18.8
  - adjudication 18.19, 18.20
  - Arbitration Act 1996 18.15–18.18
  - delay, and 18.12, 18.13
  - exercise of discretion 18.11
  - Late Payment of Commercial Debts (Interest) Act 1998 18.21–18.37
  - rate 18.14
  - Senior Courts Act 1981 18.9–18.14
Interim injunctions 21.10–21.20

Laches
- rescission, and 3.44
Lapse of time 19.25, 19.26
Late Payment of Commercial Debts (Interest) Act 1998 18.21–18.37
- compensation 18.35
- discretion of court 18.33
- inaccurate invoices, and 18.34
- ousting of statutory interest 18.25
- period over which statutory interest runs 18.29
- qualifying debts 18.28
- rate of interest 18.30, 18.31
- section 2 18.22
- statutory interest 18.24
- substantial remedy 18.26
Latent Damage Act 1986 10.74–10.76
Legislative changes
- frustration, and 7.29, 7.30
Letter of intent
- quantum meruit, and 5.20
Limitation 24.1–24.56
- acknowledgement 24.35
- adjudication 24.48–24.55
- amendment of proceedings 24.38–24.41
- arbitration 24.42–24.47
- claims for contribution under Civil Liability (Contribution) Act 1978 24.31–24.32
- claims in tort 24.8–24.26
- concealment 24.28–24.30
- contract by deed 24.3
- contract claims 24.2–24.7
- accrual of cause of action 24.4–24.7
- Defective Premises Act 1972 24.34
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  equitable relief 24.36–24.37
- fraud 24.28–24.30
- injunctions 24.36–24.37
- longstop date 24.27
- mistake 24.28–24.30
- negligence 24.8–24.15
  - accrual of cause of action 24.11–24.15
- negligence and latent damage 24.16–24.26
  - date of knowledge 24.20–24.26
  - knowledge 24.20–24.26
  - starting date 24.19
- nuisance 24.33, 24.34
- specific performance 24.36–24.37
- tolling agreements 24.56
- trespass 24.33, 24.34
Limitation clauses 20.1–20.74
- battle of the forms 20.12–20.15
- Contracts (Rights of Third Parties) Act 1999 20.74
- fraud, and 20.29–20.33
- incorporation 20.2–20.15
- interpretation 20.16–20.51
- sufficiency of notice 20.4–20.11
- Unfair Contract Terms Act 1977 20.52–20.69
Liquidated damages 14.1–14.31
- decrease 14.23–14.26
- deduction 14.70, 14.71
- increase 14.23–14.26
- prevention principle 14.27–14.31
- purposes 14.3
Litigation 25.2–25.14
- case management 25.9
- directions 25.11
- expert witnesses 25.12, 25.13
- part 20 proceedings 25.7
- pre-action protocol 25.5, 25.6
- reasoned judgement 25.14
Loss and expense, recovery of 18.2–18.4
Loss of profits 13.2–13.14
- additional work 13.4
- delays 13.5
- exclusion clauses 13.38
- limitation of liability clauses 13.38
- recovery in contract 13.2–13.6
- recovery in tort 13.7–13.14
  - duty of case 13.11, 13.12
  - negligent misrepresentation 13.14
- work omitted from contract 13.6

Measure of damages 8.2–8.4, 9.1–9.39
- advice of expert 9.18
- betterment 9.21–9.23
- cost of repairs 9.3–9.15
- date of assessment 9.24–9.28
- date of cause of action 9.24
- date of repairs or reinstatement 9.25
- defective performance 9.7, 9.8
- delay in completion 9.2
- delay in remedial works 9.26
- diminution in value 9.3–9.15
- diminution in value of property 9.27
- diminution in value of reversion of freehold 9.15
- disproportionate cost, and 9.11
- expenses incurred 9.28
- mitigation of loss 9.29–9.39 see also Mitigation of Loss
- nature of breach, and 9.1
- reliance upon advice 9.16–9.20
- replacement chattel 9.14
- subrogated actions 9.10
Mediation 25.76, 25.82–25.89
- form of 25.84
- judiciary, and 25.86
- nature of 25.83
Mental distress
- damages for 11.36–11.44
Misrepresentation
- rescission, and 3.5–3.22
Mistake
- limitation 24.28–24.30
Mini-trial 25.90–25.92
Mitigation of loss 9.29–9.39
- appeal, and 9.39
- burden of proof 9.32
- construction cases 9.35
- duty to take reasonable steps 9.31
- increase of overall costs, and 9.38
- standard of reasonableness 9.33, 9.34
Misrepresentation Act 1967 3.32–3.40
- consequential losses 3.40
- damages under 3.32–3.40
- distinction between fraudulent and innocent misrepresentation 3.35
- purchase of property on bases of misrepresentation 3.39
Mutual mistake
- frustration, and 7.51–7.53
- rectification, and 2.22–2.35

Negligence
- exclusion clauses, and 20.19–20.27
- limitation 24.8–24.15
Negligence and latent damage
- limitation 24.16–24.26
Negligence, damages in 12.4–12.46
- causation 12.23–12.29
  - concurrent causes 12.25
  - intervening act of third part7 12.29
  - negligent advice 12.26–12.28
  - personal injury cases 12.24
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  contributory negligence 12.39–12.43
- economic loss 12.10–12.22
  - cases arising out of construction projects 12.16–12.22
  - control mechanism 12.11
  - damage to other property 12.19, 12.20
  - deterrent effect of potential liability 12.14, 12.15
  - direct consequence of physical damage 12.22
  - duty of care 12.13, 12.14
  - proximity 12.12
  - special relationship of proximity 12.21
- foreseeability 12.30–12.34
  - contract and tort 12.33, 12.34
  - kind of damage 12.30
- interrelationship between scope of duty, causation and foreseeability 12.35–12.38
- measure of damages 12.44
- personal injury 12.8, 12.9
- physical damage 12.8, 12.9
- scope of duty 12.4–12.7
Novus actus interveniens 11.8–11.13
Nuisance
- injunction, and 21.83–21.86
- limitation 24.33, 24.34
Nuisance, damages in 12.47–12.53
- diminution in value 12.47
- negotiating damages 12.49

Panatown 10.21–10.52
- broad ground 10.36–10.46
- facts 10.23
- future developments 10.49–10.52
- narrow ground 10.28–10.35
  - accountability to third party 10.33, 10.34
  - displaced where other remedies 10.31, 10.32
  - good law 10.29
  - rule of law, as 10.30
  - summary 10.35
- result 10.47, 10.48
- spectre of double recovery 10.46
Penalty clauses 14.5–14.26
- Cavendish Square Holdings B V v Makdessi; ParkingEye Ltd v Beavis 14.13–14.19
  - implications of decision 14.20–14.22
- law before Cavendish Square Holdings v Makdessi 14.5–14.12
- unenforceability 14.5–14.26
Physical inconvenience
- damages for 11.36–11.44
Prevention principle see Liquidated damages
Price, changes in
- frustration, and 7.22

Quantum meruit 5.1–5.46
- additional work going beyond variation 5.13–5.18
- adjudication 5.43–5.45
- construction contracts 5.23
- contract not concluded 5.21
- contract terminated before works complete 5.33
- contract void for want of authority 5.41
- contract works for lump sum 5.31, 5.32
- contractual claim 5.3–5.7
- cynical repudiation of contract 5.35
- defective works 5.29
- disputes as to valuation 5.5
- free acceptance, role of 5.10
- letter of intent, and 5.20
- loss-making contract, and 5.34
- meaning 5.2
- negotiations in respect of terms of expected contract 5.25–5.26
- payment by instalments, and 5.37
- quantification 5.24–5.29
- questions for court 5.22
- repudiation by contractor 5.36
- restitution, and 5.8–5.46
- theoretical basis 5.9
- valuation of claim 5.24–5.29
- variation, and 5.13–5.18
- variation to existing contract 5.6, 5.7
- work done in anticipation of contract 5.19–5.29
- work done under contract discharged through breach 5.30–5.37
- work done under contract with one party for benefit of another 5.46
- work done under void or unenforceable contract 5.38–5.42

Recovery of costs 15.48–15.58
- assessment 15.50–15.58
- discretion of court 15.49
Recovery of damages
- foreign court, awarded by 15.19–15.21
- passing on claim awarded in previous arbitration 15.22–15.26
- passing on claim awarded in previous proceedings 15.11–15.18
- recovery of monies paid in settlement of easier claim 15.27–15.47
- third party (part 20) proceedings 15.2–15.10
- defendant wishing to pass potential liability to more than one third party 15.8
- disputes between third parties 15.9
- joinder of proceedings 15.4
Recovery of damages and costs 15.1–15.64
Page 413

Recovery of monies paid in settlement of earlier claim 15.27–15.47
- competent legal advice 15.36, 15.37
- evidence of settlement 15.35
- reasonable settlement 15.38–15.46
- relevance of settlement 15.28–15.34
- settlement of number of claims 15.47
Recovery of overheads and management charges 13.15–13.37
- delays, and 13.21–13.23
- Eichleay Formula 13.29, 13.30
- Emden Formula 13.28, 13.30
- expense incurred in pursuing claimant’s legal remedies 13.37
- formula basis 13.31
- Hudson Formula 13.27
- off-site 13.19, 13.24
- omission of work, and 13.20
- on-site 13.18
- salary expenses 13.33
- search and seizure order 13.35
Rectification 2.1–2.57
- adjudicator, powers of 2.54, 2.55
- aim of 2.4
- arbitrator, powers of 2.51–2.53
- carefully negotiated commercial contracts, and 2.34
- conduct after date of contract 2.30
- contractual provision allowing correction of errors 2.50
- contractual provisions, impact of 2.46–2.50
- discretionary remedy 2.56, 2.57
- entire agreement clause, and 2.33, 2.46–2.49
- intention of parties 2.27, 2.28
- material ascertaining true meaning of contract 2.11–2.15
- mistake on face of contract 2.10
- mutual mistake 2.22–2.35
- ordinary and natural meaning of words 2.5–2.9
- outward expression of accord 2.29, 2.31
- scope of remedy 2.17, 2.18
- standard of proof 2.19–2.21
- unilateral mistake 2.36–2.45
- awareness of omission or mistake 2.38–2.40
  - conceptual difficulties 2.43
  - degree of sharp practice 2.39
Remedies
- classification 1.4
- meaning 1.3
Remedies under contract 4.1–4.9
- machinery 4.9
- rights granted 4.8
Repudiation at common law 6.4–6.20
- acts on part of employer 6.14
- after performance contract 6.8
- anticipatory breach 6.7
- condition of contract, and 6.16
- delay 6.13
- election by innocent party 6.18
- fundamental breach, and 6.8, 6.9
- good faith, and 6.19
- identification of grounds 6.20
- lack of due progress 6.13
- principles 6.5, 6.6
- temporary nonconformities 6.11
- wrong reliance on expenses termination clause 6.15
Rescission 3.1–3.70
- affirmation 3.41–3.43
- arbitration, ad 3.69, 3.70
- bribery 3.26, 3.27
- clause allocating risk, and 3.56, 3.57
- clause excluding effect of misrepresentations 3.59, 3.60
- conflict of interest 3.26, 3.27
- contractual provision, effect 3.55–3.68
- defences 3.41–3.44
- delay 3.44
- duress 3.23–3.25
- election or decision 3.29
- entire agreement clause, and 3.58
- fraud, and 3.51
- grounds 3.1–3.4
- how effected 3.28–3.31
- impossibility of restoration of parties’ pre-contractual positions 3.45–3.52
- innocent misrepresentation 3.34
- laches, and 3.44
- misrepresentation, and 3.5–3.22
  - form of representation 3.7
  - inducement 3.20–3.22
  - materiality 3.20–3.22
  - reliance 3.20–3.22
  - representation must be false 3.10–3.12
  - representation, need for 3.6–3.9
  - representation of fact 3.13–3.16
  - representation of law 3.17–3.19
  - representation of opinion or intention 3.13–3.16
  - sales talk 3.9
- remedy, whether 3.28–3.31
- restriction of liability, and 3.61–3.68
- right to rescind 3.30
- third parties, and 3.53, 3.54
- voidable contract 3.2
Restitution
- Page 414
  
  quantum meruit, and 5.8–5.46
Retention monies
- injunctions, and 21.87–21.88

Set-off 19.1–19.62
- arbitration clauses, and 19.62
- bankruptcy 19.32–19.42
- connected cross-demands 19.3
- contractual 19.18–19.21
- corporate insolvency, and 19.43–19.47
- equitable 19.13–19.17
- exclusion of rights 19.22–19.24
- Housing Grants, Construction and Regeneration Act 1996 19.48–19.61
- insolvency, in 19.28–19.47
- limitation 19.27
- mutual liquidated demands 19.4–19.6
- nature of 19.2
Shortage of labour
- frustration, and 7.24
Specific performance 22.1–22.46
- adequacy of damages 22.38, 22.39
- adjudicator, and 22.44, 22.45
- arbitrator, powers of 22.43
- contracts requiring constant supervision 22.29–22.35
- co-ownership, and 22.42
- exceptions to general rule 22.19–22.21
- injustice to defendant 22.36, 22.37
- limitation 24.36–24.37
- mutuality of remedy 22.40, 22.41
- nature of 22.1
- principles for granting 22.5, 22.6
- reluctance of courts to grant in construction contracts 22.16–22.18
- remedy rarely granted 22.4
- special circumstances 22.22–22.24
- sufficient definition 22.25–22.28
- third parties 22.46
- when not decreed 22.7–22.15
Strikes
- frustration, and 7.28

Taxation
- damages, and 11.53
Temporary nonconformities
- repudiation, and 6.11
Tendering process
- refusal of injunction in respect of 21.90
Termination 6.1–6.39
- consequences 6.33–6.39
- contractor’s reputation, and 6.2
- defective works at date of 6.36
- interplay of common law and contractual rights 6.30–6.32
- loss, and 6.35
- measure of loss 6.37
- Red Book 6.24, 6.27
- SBC 6.23, 6.26
- standard forms of contract, under 6.21–6.29
The Albazero 10.9–10.12
Third parties see Black hole cases
Tolling agreements 24.56
Tort, damages in 12.1–12.73
Trespass
- injunction, and 21.83–21.86
- limitation 24.33, 24.34
Trespass, damages in 12.54–12.60
- loss of amenity 12.59
- reasonable cost of reinstatement 12.55, 12.56

Undertaking as to damages 21.46–21.57
- assessment of damages for breach 21.46–21.57
Unfair Contract Terms Act 1977 20.52–20.69
- application in non-consumer context 20.67–20.69
- business liability 20.62
- deals as consumer 20.57
- deals on the other’s written standard terms of business 20.58–20.60
- negligence 20.55
- negligence liability 20.53
- reasonableness 20.54, 20.56, 20.63, 20.64–20.66
- standard forms, and 20.61
Unilateral mistake
- rectification, and 2.36–2.45

War
- frustration, and 7.31

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Remedies in Construction Law

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Index

Index

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