International Construction Contracts

Author: William Godwin
Publisher: John Wiley & Sons
ISBN: 1118498461
Format: PDF
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Many large construction projects, such as those in the Middle East or Asia Pacific, are international in scope with a range of contractors and subcontractors signing contracts for delivery of specified work or services. The contractual situation in these instances may be complex and potentially includes a range of standard and bespoke contractual arrangements. In addition, the parties to these contracts may be based in different parts of the world, and are often working to different legal systems and understandings. This can lead to confusion in the understanding, interpretation and execution of a given contract. International Construction Contracts provides concise and practical guidance to those involved in the negotiation and management of international construction and engineering contracts. It sets out in clear, straightforward language the main features of construction contracts and international dispute resolution procedures. It ensures the reader is aware of the issues that might arise on the contractual side of their project so that they may better protect their party's interests. Many of the features and points discussed are illustrated by reference to the popular FIDIC contracts and the book includes a commentary on the two most widely used FIDIC design-build forms, the Yellow and Silver Books. Also included in the book is a fully worked example of a typical ICC arbitration from start to finish, with "pleadings", a detailed case narrative and commentary on events, and an example arbitration award. The ICC and SIAC arbitration rules are also provided. Written for construction professionals, the book will be of great interest to engineers, architects, project managers, quantity surveyors, contract managers and contract administrators working on international projects.

Understanding the NEC4 ECC Contract

Author: Kelvin Hughes
Publisher: Routledge
ISBN: 1351014331
Format: PDF, Kindle
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As usage of the NEC family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. Understanding the NEC4 ECC Contract uses plain English to lead the reader through the NEC4 Engineering and Construction Contract’s key features. Chapters cover: The Contractor’s main responsibilities the use of early warnings Contractor’s design Tendering Quality management Payment Liabilities and insurance Termination Avoiding and resolving disputes and much more. Common problems experienced when using the Engineering and Construction Contract are signaled to the reader throughout, and the correct way of reading each clause explained. The way the contract effects procurement processes, dispute resolution, project management, and risk management are all addressed in order to direct the user to best practice. Written for construction professionals, by a practicing international construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC4 ECC available. An ideal companion for employers, contractors, project managers, supervisors, engineers, architects, quantity surveyors, subcontractors, and anyone else interested in working successfully with the NEC4 ECC.

Understanding the NEC3 ECC Contract

Author: Kelvin Hughes
Publisher: Routledge
ISBN: 1136814450
Format: PDF, ePub, Docs
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As usage of the NEC (formerly the New Engineering Contract) family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. Currently in its third edition, this set of contracts is different to others in concept as well as format, so users may well find themselves needing a helping hand along the way. Understanding the NEC3 ECC Contract uses plain English to lead the reader through the NEC3 Engineering and Construction Contract’s key features, including: main and secondary options the use of early warnings programme provisions payment compensation events preparing and assessing tenders. Common problems experienced when using the Engineering and Construction Contract are signalled to the reader throughout, and the correct way of reading each clause explained. The way the contract effects procurement processes, dispute resolution, project management, and risk management are all addressed in order to direct the user to best practice. Written for construction professionals, by a practicing international construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC3 ECC available. An ideal companion for employers, contractors, project managers, supervisors, engineers, architects, quantity surveyors, subcontractors, and anyone else interested in working successfully with the NEC3 ECC.

Multi Party and Multi Contract Arbitration in the Construction Industry

Author: Dimitar Kondev
Publisher: John Wiley & Sons
ISBN: 1119251729
Format: PDF, ePub, Mobi
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Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.

Understanding NEC3 Professional Services Contract

Author: Kelvin Hughes
Publisher: Routledge
ISBN: 1135047987
Format: PDF, ePub
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As use of the NEC (formerly the New Engineering Contract) family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. Currently in its third edition, this set of contracts is different to others in concept as well as format, so users may well find themselves needing a helping hand along the way. Understanding NEC3: Professional Services Contract uses plain English to lead the reader through the NEC3 Professional Services Contract’s key features, including: Main and Secondary Options the use of early warnings programme provisions payment compensation events preparing and assessing tenders. Common problems experienced when using the Professional Services Contract are signalled to the reader throughout, and the correct way of reading each clause is explained. The ways in which the contract affects procurement processes, dispute resolution, project management and risk management are all addressed in order to direct the user to best practice. Written for construction professionals, by a practising international construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC3 PSC available. It is an ideal companion for Employers, Consultants, Contractors, Engineers, Architects, Quantity Surveyors, Subcontractors and anyone else interested in working successfully with the NEC3 PSC.

FIDIC

Author: Wilfred Abraham
Publisher: Kluwer Law International B.V.
ISBN: 9041123237
Format: PDF, ePub, Docs
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In this unique guide to the suite of contracts published by FIDIC (The International Federation of Consulting Engineers) - the contract forms most widely used for international construction undertakings - twenty-two outstanding authorities in construction law from a wide variety of countries, describe relevant likely pitfalls (and special opportunities) for foreign lawyers in each of their jurisdictions. This very useful book will be extremely welcome to in-house counsel who must evaluate the legal disposition of a proposed or pending construction contract subject to the laws of a foreign jurisdiction. It will continue to be of service as long as the project proceeds and beyond, particularly for the optimal resolution of disputes.

AAA Handbook on Construction Arbitration and ADR Second Edition

Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
ISBN: 1933833513
Format: PDF, ePub, Docs
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Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Handbook for Technical Auditors of the Construction Industry

Author: A L M Ameer
Publisher: Notion Press
ISBN: 9352064097
Format: PDF, ePub
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The Author has over 40 years of experience in the construction field exposed to Contractors, Consultants, Clients and teaching environments. His special interest is Construction Auditing and he has done various researches, submitted articles to construction magazines and presented research papers at international conferences. His personal opinion is that the Construction Cost professional Institutions and the Professionals at large have completely ignored the field of construction auditing for a long time. The governments’ construction expenditure, which now involve a significant portion of the budget of many countries mandated to be audited as check & balance. This government construction auditing exercise is still carried out by Financial Institutions under the name of Performance Auditing. The lack of interest by the Cost Construction professional Institutions resulted in the continuation of Performance Auditing by Financial Accountants. Construction at present is huge, complicated, involving different entities with various Contractual arrangements. The Financial Accountants do not have the sufficient skill to audit construction in the present environment and the results are plain to see. The loss owing to Frauds in government double (internal & external) audited construction has reached upwards of US $ 4 Trillion per year according to Transparency International. That is US $ 1.50 per head per day of the entire world population. This is an affront to the 21 century as more than a Billion people live below US $ 1.25 per day. The immediate requirement is a Post- Graduate course on Construction Auditing, Construction Auditing standards and a union for such auditors. The author hopes that this book will serve some purpose in that long exercise. The book can also be helpful to practicing construction professionals and students following construction related courses. . The other books by the author How To Win and Manage Construction Projects Published by Authorhouse Irregularities, Frauds and The Necessity of Technical Auditing in Construction Industry. Published by Authorhouse How To Be Successful At Interviews” Published by Notionpress, India.