Residential Construction Law

✍ Scribed by Philip Britton; Matthew Bell; Deirdre Ní Fhloinn, Specialist contributors; Kim Vernau

• Publisher: Hart Publishing
• Year: 2021
• Tongue: English
• Leaves: 695
• Category: Library

✦ Synopsis

This is the first book to offer a systematic and analytical overview of the legal framework for residential construction. In doing so, the book addresses two fundamental questions:
The resulting problems pose some big and difficult questions of principle and policy about standards, rights and remedies, which in turn concern justice more generally.
This book addresses these key issues in a comparative context across the United Kingdom, Ireland, Australia and New Zealand. It is an accessible guide to the existing law for residents and construction professionals (and their legal advisers), but also charts a course to further, meaningful reforms of the legal landscape for residential construction around the world.
The book’s two co-authors, Philip Britton and Matthew Bell, have taught in the field in the UK, Australia and New Zealand; both have been active in legal practice, as have the two specialist contributors, Deirdre Ní Fhloinn and Kim Vernau.
The front cover image is Herons Court in Radlett, Herts (UK), the subject of litigation in 2018–19, discussed in chapter 5 of the book as Case Study 8.

✦ Table of Contents

Foreword by HH Frances Kirkham CBE
Acknowledgements
Table of Contents
List of Abbreviations
List of Figures
List of Tables
List of Case Studies
English/Australian Terminology
Currency Conversion at 1 January 2021
Generic Construction Parties In Numbered Scenarios: Tables 1.1–1.3
Penalty Units in Australia at 1 January 2021
Sources, Abbreviations and Cross-References
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of EU Measures
Table of Standard Forms of Construction Contract
1. Introduction
1.1 This Book's Aims
1.2 What is 'Residential Construction Work'?
1.3 The Scope of this Book
1.4 What Makes Residential Construction Different? The Legal Background
1.5 What Makes Residential Construction Different? The Disadvantaged Consumer
1.6 What Makes Residential Construction Different? 'Home' and Conflict
1.7 How is a Homeowner Protected?
1.8 The Shadow of Grenfell Tower
1.9 Related Themes
1.10 Protective Regimes
1.11 Setting out the Law
1.12 Case Study 1: Foundations Too Shallow
2. Residential Construction: Defects in Context
2.1 Introduction
2.2 What is a 'Defect'?
2.3 Perceptions of Dissatisfaction
2.4 Defects: Incidence
2.5 Avoiding Defective Residential Construction Work: The Challenges
2.6 Project Parties' Conflicting Aims and Objectives
2.7 Diversity Among Dwelling Occupiers
2.8 Project Phase I: Planning
2.9 Case Study 2: Under-Design and Slab Heave
2.10 Project Phase II: Construction
2.11 Project Phase III: Occupation
2.12 Chapter Summary
3. Regulation of Residential Construction
3.1 Introduction
3.2 Defining 'Regulation'
3.3 'The Building Code': Introduction
3.4 'The Building Code': Adopting Standards
3.5 'The Building Code': BCBs and Projects
3.6 The 'Building Code': England & Wales
3.7 Contrasts: Australia
3.8 Contrasts: New Zealand
3.9 Contrasts: Ireland
3.10 Contrasts: Scotland
3.11 Chapter Summary
3.12 Evaluation
4. Contract Law in Residential Construction
4.1 Introduction
4.2 Contract: The Big Ideas
4.3 Representations: Pre-contractual and Contractual
4.4 Case Study 3: 'Is it a Leaky Building?'
4.5 Contract: The Search for Certainty
4.6 Contract as Exchange
4.7 Construction Contracts: Terms Implied by the Courts
4.8 'Statutory Requirements' and Implied Terms
4.9 Construction Contracts: Terms Implied by Statute
4.10 Challenging Contract Terms as 'Unfair'
4.11 Residential Construction Contracts: Other Regulatory Interventions
4.12 Remedies for Breach of Contract
4.13 Contrasts: Australia
4.14 Contrasts: New Zealand
4.15 Contrasts: Ireland
4.16 Contrasts: Scotland
4.17 Chapter Summary
4.18 Evaluation
5. Beyond Contract: Other Rights of Legal Action
5.1 Contract and Beyond
5.2 Why Prefer a Contract Claim?
5.3 Contract Rights and 'Third Parties'
5.4 Rights in Both Contract and Tort?
5.5 Case Study 5: Faulty Gas Flues in Cheshire
5.6 Case Study 6: A New Garden in London N6
5.7 Tort Liability, Separate from Contract
5.8 Liability for Construction Defects: Pure Economic Loss
5.9 Case Study 7: PCCs in Peterborough
5.10 Liability for Defects: Statutory Intervention
5.11 Case Study 8: Defective New Flats in Radlett
5.12 Contrasts: Australia
5.13 Contrasts: New Zealand
5.14 Contrasts: Ireland
5.15 Contrasts: Scotland
5.16 Chapter Summary
5.17 Evaluation
6. Consumer Protection: Other Forms
6.1 Introduction
6.2 EU Consumer Protection
6.3 Australia: General Consumer Law
6.4 New Zealand: 'Unfair Trading'
6.5 Consumer Codes: New Homes in the UK
6.6 'Trusted Trader' Schemes
6.7 Chapter Summary
6.8 Evaluation
7. Insurance and Third-Party Warranties
7.1 Background
7.2 Buildmark (the NHBC Warranty)
7.3 Other UK Warranties I
7.4 Other UK Warranties II: BLP
7.5 Contrasts: Australasia
7.6 Contrasts: Ireland
7.7 Other Forms of Insurance
7.8 Chapter Summary
7.9 Evaluation
8. Inspections in Residential Construction
8.1 Introduction
8.2 Before a Significant Project Starts
8.3 A New Home: Under Construction
8.4 A New Home Just Completed
8.5 New Home Buyers: Further Legal Issues
8.6 A Recently Built Home
8.7 An Existing Home, Now for Sale
9. Pathways to Individual Redress
9.1 Introduction
9.2 New Homes and New Work: Complaining to 'The Builder'
9.3 Claiming on Insurance or Under a Third-Party Warranty
9.4 Complaining to a Regulator
9.5 Considering Litigation
9.6 Litigation Risk in the UK
9.7 Statutory Adjudication in the UK
9.8 A New Homes Ombudsman for the UK?
9.9 Contrasts: Australia
9.10 Contrasts: New Zealand
9.11 Contrasts: Ireland
9.12 Chapter Summary
9.13 Evaluation
10. Time Limits for Taking Action
10.1 Complaining to 'The Builder'
10.2 Claiming on Insurance or Under a Third-Party Warranty
10.3 Complaining to a Regulator or Official Conciliator
10.4 Litigation: General
10.5 Litigation: English Law
10.6 Case Study 9: When the Roof in Docklands Blew Off
10.7 Impact of the Parties' Agreement
10.8 Litigation: Australasia
10.9 Litigation: Ireland
10.10 Litigation: Scotland
10.11 Chapter Summary
10.12 Evaluation
11. Multi-Unit Developments: Blocks of Flats
11.1 Introduction
11.2 Typical Construction Problems
11.3 The Legal Context: Social Housing
11.4 Case Study 10: Lifts, Lighting and Rubbish Chutes
11.5 The Legal Context: Private Sector Blocks of Flats
11.6 Reform: England & Wales
11.7 Multi-Unit Developments and Defects Insurance
11.8 Case Study 11: Original Defects, Warranty Limits and Deceit
11.9 Contrasts: Australia
11.10 Contrasts: New Zealand
11.11 Contrasts: Ireland
11.12 Contrasts: Scotland
11.13 Special Situation: Mixed Use Developments
11.14 Chapter Summary
11.15 Evaluation
12. Conclusions
12.1 Introduction
12.2 Human Nature and Construction Disputes
12.3 Looking Ahead
Glossary
Publisher's Note
Index