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By Julian Bailey
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To “set the scene” I have therefore (in Chapter 1) included introductory text to the various topics covered in the book, and have also attempted to describe the legal framework in which legal issues arise. I have not assumed that the reader will always be well-versed in any particular area of construction law. 6 Although, as discussed in Chapter 25, Australian domestic arbitration legislation is in a transition phase, with the UNCITRAL Model Law being implemented in at least some of the Australian jurisdictions.
Largely thanks to him it is now the leading specialist court in the common law world for the resolution of construction and engineering disputes. 7 The JCT is due to release a revised standard form of building contract in 2011, largely to take account of the amendments to Part II of the Housing Grants, Construction and Regeneration Act 1996 (UK), which are expected to take effect in 2011. At the time of writing the 2011 standard form is not available. 8 Although there would not appear to be any available information as to their level of use.
Julian Bailey London 18 April 2011 10 Professor Fleming wrote this in reviewing the 15th edition of Pollock’s Law of Torts (1951), which he unhesitatingly branded a “failure”, in that it was neither up-to-date nor dynamic: (1954) 1 Sydney Law Review 282 at 282. 11 Commercial persons in the construction industry are usually versed (and often well versed) in the principles and nuances of construction law, the application of which can and does have implications for a party’s “bottom line”. One may contrast other areas of commerce which are characterised by “the marginal, indeed, sometimes non-existent, role played by contract law in either settling disputes or in planning transactions”: Gava, “Dixonian strict legalism, Wilson v Darling Island Stevedoring and contracting in the real world”  Oxford Journal of Legal Studies 519 at 538.