Barnes, W C (2000) Defective workmanship: A transatlantic analysis of construction law and practice. PhD thesis, University of Birmingham, UK.
Abstract
This study investigates defective workmanship in construction through an interpretative approach to data generated by methodical analysis of construction cases drawn from English jurisprudence. This process serves to highlight the primary causal factors as well as secondary (sometimes proximate) causes of defective workmanship, and enables identification of repetitive characteristics or indices. Through ordered aggregation of these characteristics from readily available case histories, relationships are identified leading to a fuller understanding of the cause effect linkage and of the dire consequences frequently realized. Similar analysis of data and interpretation is conducted for construction cases from American jurisprudence in the state of Florida. This case based frequency analysis of causal factors facilitates discussion of the construction process environment and applicable construction law in the jurisdictions of interest; namely, England/Wales and Florida. Certain cases are selected for in-depth discussion of the host environment features as well as relevant architectonic facts. The data findings illustrate correlation between the various characteristics of architectonic location, conduct causal factors and legal theory involved. Strong parallels are found between frequencies of architectonic and legal theory features while frequencies of causal conduct features exhibit some noticeable differences as well as striking parallels.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Uncontrolled Keywords: | England; construction law; workmanship |
| Index terms: | England, linkage, construction law, construction process, history, Wales, workmanship, jurisdiction |
| Subjects: | legal systems, building construction, Geography, architectural and construction history, business, construction law, contractual condition |
| Topics: | Legal Issues, Geographical Context, Contract Administration, Site Management, Research Practice, Business Strategy |
| Descriptive scope: | 3 PCT |
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