Book review
Keating on Construction Contracts: First
Supplement to the Eighth Edition (2008)
Stephen Furst QC and Mr Justice Ramsey
Sweet & Maxwell
ISBN 9780421922501
£78.00
I
happily admit to having a fascination with
the BBC radio series Desert Island Discs.
For those unfamiliar with this long-running
show, its central premise is that guests are
required to nominate eight pieces of music
that they would take with them if cast away
on a desert island.
From time to time, I have found myself
applying this idea to other areas. Most
recently, this has manifested itself in
wondering which construction law texts I
might select if I somehow found myself in
the position of going into partnership with
Robinson Crusoe. Without doubt, two of
the texts would be the eighth edition of
Keating on Construction Contracts (which we
reviewed at (2007) 2(1) CLInt 18) and its
First Supplement.
The Supplement takes the form of an
annotated version of the main work; they
are designed to be read together. This is
facilitated by the headings within each of
the chapters of the main work being set out
in the Supplement and marked with a 
symbol where the Supplement provides an
updated commentary.
As was the case with the main work, in the
production of this Supplement the learned
authors have harnessed the assistance of
members of Keating Chambers and a team
of assistants. Moreover, Adrian Williamson
QC and Professor John Uff QC have updated
relevant sections of their commentaries
upon, respectively, the JCT and ICE forms
of contract.
The authors commence their preface by
noting that ‘[c]onstruction law never stands
still.’ With this in mind, the Supplement seeks
to state the law as it applied on 31 July 2008
but also to at least make mention of
significant subsequent developments before
the text went to press.
In the little over two years from publication
of the eighth edition to the December 2008
publication of the Supplement, there have
24
been myriad developments in the law
applicable to construction practice, as well as
changes to the tools of trade of construction
lawyers such as standard forms (and this is to
say nothing of the seismic activity in the
commercial landscape in recent times). The
Supplement is, therefore, mainly concerned
with updating the existing commentary in
the main work by reference to the dozens of
cases which have come before the courts
(primarily the English courts and, most
particularly,
the
Technology
and
Construction Court).
Such developments, as are dealt with in the
Supplement, include:
• the series of cases relating to the Wembley
Stadium redevelopment (there has, for
example, been revision to the extension of
time commentary in the light of Multiplex
v Honeywell);
• the consideration of the application of the
Housing Grants, Construction and Regeneration
(‘HGCR’) Act 1996 by the House of Lords
in Melville Dundas v Wimpey and Reinwood v
Brown; and
• the City Inn v Shepherd Construction case on
concurrent delay.
Readers of CLInt will note that we have, over
the past few years, had the benefit of detailed
commentaries upon each of these cases (and
many others) through the Keating Chambers
columns of David Thomas QC.
The Supplement is not, however, limited to
updating the existing commentary in the
main work: substantial new sections include
a guide to the application of the Technology
and Construction Court’s Pre-Action Protocol,
as well as a detailed treatment of the role of
mediation in construction disputes.
As is anticipated by the authors, the
construction law world has not stood still
since the Supplement was published. For
example:
• as is noted on page 3 of this issue of CLInt,
the JCT has issued revised forms of certain
Construction Law International Volume 4 No 3 September 2009
of its contracts and has withdrawn its JCT
98 series (the commentary in the eighth
edition of Keating is, however, on the 2005
form);
• the UK Government has announced the
detail of the latest round of HGCR Act
amendments (the July 2008 form of these
is outlined in the Supplement); and
• the impact of the Galliford Tr y v Mott
MacDonald case – which was handed down
as the Supplement was being finalised – has
been the subject of considerable discussion
in the context of the ongoing development
of the law applying to recovery of damages
in negligence for pure economic loss; it
may therefore be expected that the next
Keating update will deal with it in greater
detail than by the two references which have
been included in the Supplement.
It also needs to be noted, from the point of
view of those who – like me – are based
outside the UK, that the Supplement (in
conjunction with the main work) does not
purport to be a comprehensive statement of
the law as it applies outside the UK. It remains
to be hoped, though, that the next edition of
Keating will, as has been the case with
previous editions, seek to explain the main
points of divergence in such treatments as
between the UK and foreign jurisdictions
I should also say that, despite my fascination
for the Desert Island Discs premise, if I were in
fact to be cast away, my preference would be
to have a solar-powered computer with access
to Keating via the updated, consolidated CDROM version (as part of the Sweet & Maxwell
Construction Law Service), rather than
having to read across both the main work
and its Supplement. Even better (subject to
internet reception on said desert island)
would be the provision by the publishers of
an online version of the type which already
exists in respect of, for example, the Building
and Construction Contracts in Australia work by
John Dorter and John Sharkey.
In the absence of such an online version,
however, the main work combined with its
Supplement remains an essential companion
to practitioners and students undertaking
construction law research around the world.
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Review by Matthew Bell, Co-Editor of CLInt,
Lecturer and Co-Director of Studies for Construction
Law, The University of Melbourne and Professional
Support Lawyer, Construction and Major Projects
Group, Clayton Utz.