Interpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process. It also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that construction is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract. The interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations. By so doing, the book offers a simple yet sophisticated framework for interpreting/constructing contracts.

Part I, gives a full and detailed account of the enforcement of contracts for the sale of land, interests in land and testamentary contracts by specific performance, enforcement of Pallant v Morgan-type arrangements, collateral contracts, and enforcement of contracts by way of estoppel by convention. Part I also deals with the defence mechanism provided by promissory estoppel in actions of enforcement of terms of contracts. Part II, provides a comprehensive account of the concepts and principles at play in actions to set aside contracts on grounds of equitable mistake, misrepresentation, undue influence, non est factum and improvident transactions. Part III deals with principles of summary judgment applied in the enforcement of debts arising from contracts of loan and guarantees relating to them, arguable defences and remittal of issues to plenary hearing, and also contracts with banks. Part IV presents a full and comprehensive account of the court rules and legal principles governing the discovery of documents, interrogatories, interlocutory and mandatory interlocutory injunctions and issues and principles of costs of entire proceedings and costs of interlocutory applications.

The fourth edition of Wilmot Smith on Construction Contracts continues to take a clear and practical approach to the law and practice relating to construction contracts in the UK. It provides comprehensive coverage of the substantive law and modern dispute resolution procedures in the field of construction and gives clear guidance when seeking difficult answers. Paul Darling Q.C. has joined Richard Wilmot-Smith Q.C. as co-editor. Together they have updated, refined and extended the work's coverage. The author team includes new and high-profile practitioners in the field of international arbitration (including Peter Rees Q.C. and David Bateson) and ADR (with Edwin Glasgow Q.C. joining Marion Smith Q.C. in re-casting the chapter on mediation). David Sawtell has considerably re-cast the chapter on adjudication. The law on extra contractual claims (unjust enrichment) has been substantively revised and updated by a leading expert on unjust enrichment. The work provides key practical tips including: where and when you issue proceedings; what the judges will expect and their preferences; and how trials can be made shorter. A separate section analyses enforcement of adjudicators' awards, covering recent case law on this area. This is carefully examined and digested in detail to ensure the reader has an understanding of the pitfalls of enforcement. Richard Wilmot-Smith QC and Paul Darling QC ensure that the work continues to provide an essential source of reference on this area of the law. Their practical approach and reliance on clear exposition is prevalent throughout this book, and it is allied with deep scholarship to secure its position as a definitive work on construction law.