One of the aims stated in the overview chapter of 'Freshfields' Guide to Management Contracting' is to “cover the spectrum of issues which arise in relation to most types of construction contracts, picking out aspects apparently peculiar to management contracts”.
Readers will speculate immediately as to how this can be done in 140 pages. However, it is a guide and can only seek to outline the issues and indicate areas for future consideration or for possible clarification by court decision. The authors have accomplished this task well.
Lawyers who draft management contracts or who handle the disputes arising from them will turn quickly to the chapter dealing with liability for works contractors to see how problems such as isolation of responsibility and the “no loss” arguments have been dealt with. They will find the issues outlined well, but solutions need to be considered at greater length.
Topics are dealt with crisply and concisely. For example, both the issues relating to liquidated damages payable by the management contractor and by works contractors are summarised together in two pages.
The guide is a worthwhile introduction for those who want a basic understanding of the nature of management contracting. That it will not form part of the essential library for lawyers who work in this area is not a serious criticism, as a guide of this length seeking to cover such a wide range of matters never could.
It will be of interest to lawyers and others working in this particular field, seeking to discover the kinds of legal issues which affect construction contracts in general and management contracting in particular.