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Brooking on Building Contracts, 5th Edition

Brooking on Building Contracts, 5th Edition

Cremean, D; Whitten, M; Sharkey, M, 2014

Available Formats

Format ISBN Price
Book 9780409329216 $240.00
eBook 9780409331721 $240.00

Brooking on Building Contracts provides a detailed statement of the law relating to building contracts.

Format: Hardback


This text explores how general contract law concepts find their expression in the specific context of building and engineering contracts. It provides the practitioner with ample information to advise clients in disputed building and engineering contract matters and even for the judge or arbitrator called upon to resolve disputes in this area.

Brooking on Building Contracts includes the requirements for creation and variation of contracts, subcontracts, assignment, and construction defects.

Providing an overview of the tender process in the construction industry, and coverage of practical matters, extending the title's relevance to a wide variety of legal and non-legal professionals involved in construction and engineering.

Brooking on Building Contracts has explanations of duty of care requirements and instances of breaches of contract for substandard workmanship, issues that are of particular interest to both litigators and construction contractors.

     •     To set out building and construction law principles
     •     Enables lawyers and others ready reference to such law
     •     Compact; up to date; clearly written; authoritative

Related LexisNexis Titles
Building Contracts Australia, looseleaf and online
Building Regulations Australia, looseleaf and online
Gerber and Ong, Best Practice in Construction Disputes, 2013


Dr Damien Cremean was admitted to the Victoria Bar in 1976 having graduated with First Class Honours LLB from Melbourne University in 1974. In 1981 he completed his PhD (Monash University) on "Jurisdiction in Admiralty in Australia". In 1983 he was appointed a Senior Law Reform Officer of the Australian Law Reform Commission (chaired then by Justice Michael Kirby) working on the Admiralty reference. As a result of the Commission's work the Australian Admiralty Act 1988 was passed. Dr Cremean has extensive statutory adjudicative experience (on statutory tribunals) and experience as a practising barrister.

Michael Whitten has practised in the law for over 25 years, gaining broad experience in various aspects of the profession. He commenced practice in 1986 in the Public Defenders Office (as it then was) in Brisbane. In 1998, he was appointed as clerk to Judge Kimmins of the Queensland District Court where he served for two years. He then worked at Blake Dawson Waldron inBrisbane in commercial litigation before first signing the Bar Roll in May 1990. Michael spent the next 5 years at the private Bar in Brisbane and Mackay appearing in courts and tribunals on a range of matters including, criminal law, personal injuries, family law and commercial disputes.

Michael Sharkey practices in the Building and Construction Team at TressCox Lawyers, acting for builders, owners, contractors and professionals in the building and construction industry. Michael has experience in drafting and advising on construction related contracts and agreements, and provides representation in project and contractual disputes.

Table of Contents

1. Building Contracts
2. Contract Documents
3. Contractual Doctrines
4. Implied Terms
5. Tenders
6. Time for Completion
7. Rise and Fall Clauses
8. Payment
9. Approval and Certificates
10. Variations
11. Defects and Damages
12. Determination
13. Assignment
14. Subcontracts
15. Bill of Quantities
16. Negligence: Builders, Local Authorities and Others
17. Architects and Engineers
18. Building Disputes
19. Building Operations

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