Construction Contract Variations

Author: Michael Sergeant
Publisher: CRC Press
ISBN: 1317685156
Format: PDF
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Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.

Delay and Disruption in Construction Contracts

Author: Andrew Burr
Publisher: CRC Press
ISBN: 1317377729
Format: PDF, Docs
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Delay and disruption in the course of construction impacts upon building projects of any scale. Now in its 5th edition Delay and Disruption in Construction Contracts continues to be the pre-eminent guide to these often complex and potentially costly issues and has been cited by the judiciary as a leading textbook in court decisions worldwide, see, for example, Mirant v Ove Arup [2007] EWHC 918 (TCC) at [122] to [135] per the late His Honour Judge Toulmin CMG QC. Whilst covering the manner in which delay and disruption should be considered at each stage of a construction project, from inception to completion and beyond, this book includes: An international team of specialist advisory editors, namely Francis Barber (insurance), Steve Briggs (time), Wolfgang Breyer (civil law), Joe Castellano (North America), David-John Gibbs (BIM), Wendy MacLaughlin (Pacific Rim), Chris Miers (dispute boards), Rob Palles-Clark (money), and Keith Pickavance Comparative analysis of the law in this field in Australia, Canada, England and Wales, Hong Kong, Ireland, New Zealand, the United States and in civil law jurisdictions Commentary upon, and comparison of, standard forms from Australia, Ireland, New Zealand, the United Kingdom, USA and elsewhere, including two major new forms New chapters on adjudication, dispute boards and the civil law dynamic Extensive coverage of Building Information Modelling New appendices on the SCL Protocol (Julian Bailey) and the choice of delay analysis methodologies (Nuhu Braimah) Updated case law (to December 2014), linked directly to the principles explained in the text, with over 100 helpful "Illustrations" Bespoke diagrams, which are available for digital download and aid explanation of multi-faceted issues This book addresses delay and disruption in a manner which is practical, useful and academically rigorous. As such, it remains an essential reference for any lawyer, dispute resolver, project manager, architect, engineer, contractor, or academic involved in the construction industry.

FIDIC Contracts Law and Practice

Author: Ellis Baker
Publisher: CRC Press
ISBN: 131791189X
Format: PDF, Docs
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FIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered. Humphrey LLoyd, International Construction Law Review [2010] ICLR 386

Professional Negligence in Construction Second Edition

Author: Ben Patten
Publisher: Routledge
ISBN: 1351372874
Format: PDF, Kindle
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What is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi-disciplinary practitioners. With an emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels.

Litigation in the Technology and Construction Court

Author: Adam Constable QC
Publisher: Taylor & Francis
ISBN: 1317243986
Format: PDF, Docs
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The Technology and Construction Court ("TCC") deals with legal cases that often require specialist technical expertise. This can lead to complex and sometimes lengthy proceedings. In light of the Jackson reforms and developments in cost controls in the TCC, the manner in which claims are handled is of paramount commercial importance to lawyers and lay clients alike. This book provides a practical, but intellectually informative guide to dealing with proceedings in the TCC. Looking at the different types of claims which are commonly, and not so commonly, brought in this court, it considers different potential approaches to such claims depending on the circumstances in which parties find themselves. This is a genuine practitioners’ guide, with the principal focus on expeditious, cost-effective case management. Construction practitioners at the Bar, solicitors, adjudicators, arbitrators, and in-house counsel alike, will all find it an invaluable reference for their practice.

Chern on Dispute Boards

Author: Cyril Chern
Publisher: CRC Press
ISBN: 131763070X
Format: PDF, ePub, Docs
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Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari’ah law. Excelling in describing the "how and why", this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs. Readers of this this updated third edition will have explained to them the various international formats and types of dispute boards in use today and be brought up-to-date on the ever evolving law within the field. New to this 3rd edition is the extensive coverage of appeals from Dispute Board Decisions, the laws relative to appeals and the ICC, enforcement procedures and new forms and guidelines for the practitioner. This book guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world. It is therefore, the number one guide for construction lawyers, engineers and dispute board stakeholders worldwide.

The Law of Construction Disputes

Author: Cyril Chern
Publisher: CRC Press
ISBN: 1317748603
Format: PDF, ePub, Docs
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The Law of Construction Disputes covers the construction dispute process by analysing the main areas that can lead to disputes and how to effectively deal with them once they have arisen. The book combines theory and practice along with exact excerpts of the leading case decisions covering the entire spectrum of construction law and the disputes that arise.

Pfi and Construction Contracts

Author: David Hickman
Publisher: Chartridge Books Oxford
ISBN: 1902375335
Format: PDF
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Summary: This book examines contracts in the construction industry in relation to the Private Finance Initiative (PFI), such as what distinguishes construction in a PFI environment from a traditional contract. The author analyses the key elements of the construction sub-contract and interface between contractor and operator. The author, David Hickman, is a Partner with a leading international law firm and has worked on many PFI projects. Contents: Construction issues on PFI projects: output specification, project company's solution, design and construction standards, warranties, government regulations, timescales, lifecycle costs, interface between construction/operational phase, design development, performance payment system. Flow down of risks to subcontracts: how risk is flowed down, termination risk, termination issues for the construction subcontractor, warranties, bonds and guarantees. Use and adaptation of standard forms for the construction subcontract: a standard form (JCT 81 or 98), preparation of the contract where a standard form is being adapted, bespoke contracts. Negotiating key elements of construction subcontract: scope of works, liability level, compensation events and relief events, extensions of time, liquidated damages, payments, variations, certification/completion, independent certifier. Collateral agreements. Interface between contractor/operator. Finance/funding: debt finance, subordinated debt, equity, bond finance, key funding issues, the financial model, banks and risk. Insurance: insurance and risk allocation, insurances required by the construction company, who effects these, levels and breadth of insurance, banks and insurance, authority issues, what the construction company must do. Post contract-construction phase problems: variations during construction, disputes, DRP at subcontract level, overruns/extensions of time. Future developments. Appendices: Treasury Taskforce Guidance.wordings. Sample risk matrix.

Contract Practice for Surveyors

Author: Simon Birchall
Publisher: Routledge
ISBN: 1136414258
Format: PDF
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This book provides a detailed guide to the principles and practice of construction contracts. It is written for both students and professionals working in all branches of surveying and construction. Based around the JCT 05 Standard Building Contracts, it has been fully revised and updated to reflect the latest versions of these contracts. The book sets out clearly what should be done at each stage of the construction contract process. Each step is illustrated with examples of good practice making clear the role and responsibilities of the surveyor and how responsibilities are best delivered. This fourth edition of Contract Practice for Surveyors builds on the book's reputation for clarity and simplicity to provide the most accessible and useful introductory guide to construction contracts available today.

A Practical Guide to the NEC3 Engineering and Construction Contract

Author: Michael Rowlinson
Publisher: John Wiley & Sons
ISBN: 1444340174
Format: PDF, Docs
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Launched in 1991, the New Engineering Contract (NEC) has become one of the UK's leading standard forms of contract for major construction and civil engineering projects. Currently in the third edition, popularly known as NEC 3, it is a process based construction contract embodying project management best practice, and thus the basic philosophy behind the contract is different to the more adversarial principles and approach of other standard construction contracts. Written as a practical guide to the application of the procedures contained in NEC 3, this book will aid users in the transition from their use and understanding of the other standard construction contracts to the collaborative project management based approach of the ECC. Written for anyone working in the construction industry working on a project under the ECC, it will be of interest to the complete construction supply chain including employers, construction professions, contractors and sub-contractors. It will also be of interest to consultants and lawyers advising any of these parties, either in the preparation of contract documentation or the resolution of problem situations which may arise. A practical guide to the application of the procedures contained in the NEC Engineering and Construction Contracts Written specifically for people actually using and administering the NEC contracts – rather than lawyers Covers all the variations created by the Main and Secondary Options