International Construction Contracts

Author: William Godwin
Editor: John Wiley & Sons
ISBN: 1118498461
File Size: 66,67 MB
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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.

International Construction Contract Law

Author: Lukas Klee
Editor: John Wiley & Sons
ISBN: 1118717902
File Size: 79,40 MB
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Fidic

Author: Wilfred Abraham
Editor: Kluwer Law International B.V.
ISBN: 9041123237
File Size: 21,25 MB
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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.

Multiple Contracts And Coordination In International Construction Projects

Author: Jürg Künzle
Editor: Kluwer Law International B.V.
ISBN: 9403519940
File Size: 38,85 MB
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International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.

International Construction Contracts Management With Particular Reference To Fidic Contracts

Author: Wazir (Dr) Khan
Editor: Independently Published
ISBN: 9781731533203
File Size: 24,87 MB
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'International Construction Contract Management with particular reference to FIDIC contracts', is a comprehensive easy to understand and practical reference book for construction professionals working on construction projects internationally. The text in this Book is a practical and reader-friendly approach for students and new professionals in the fields Civil Engineering and the Built Environment, starting at the very beginning of construction projects and making important connections between all stages of constructional projects execution. Since, management of projects is frequently problematic because they are rarely comprised of straightforward buildings or procured under standard forms of contract, therefore it is vital to find a practical solution to solve project problems. The author has attempted to clarify terms and points of law and offered guidance that can be applied in most situations, helping the reader resolve problems quickly and without outside assistance or resorting to expensive litigation proceedings.The Book consists of 19 Chapters. Chapter 1 consists of Introduction. Chapter 2 consists of Common Methods Of Procurement and Types Of Construction Contracts Chapter 3 Consists Of Major Forms Of Contracts Used In International Construction. Chapter 4 Consists Of Selection Of Consultants In Construction Process. Chapter 5 Consists Of Review Of Design And Technical Documents. Chapter 6 Consists Of Value Management/Value Engineering In Construction Process. Chapter 7 Consists Of Pre-Construction Contract Management. Chapter 8 Consists Of Construction Management Agreement Under Fidic Contracts. Chapter 9 Consists Of Selection Of FIDIC Form Of Contract, Chapter 10 Consists The Obligations Of The Employer Under The Construction Contracts Chapter 11 Consists Of Supervision, Management And Control) With Particular Reference To FIDIC Contracts. Chapter 12 Consists Of Commencement Of Construction Work Under FIDIC Contracts. Chapter 13 Consists Of Programme Of Construction Works Under FIDIC Contracts. Chapter 14 Consists Of General Aspects Of Contracts Management And Administration Of Construction Phase. Chapter 15 Consists Of Supervision, Management And Control Of Construction In General. Chapter 16 Consists Of Supervision, Management And Control Of Construction With Particular Reference To FIDIC Contacts. Chapter 17 consists of ISO 9000 - Quality Management In Construction Chapter 18 Consists Of Risk Management & Responsibility In Constructional Projects and includes: Risk Management; and Transfer Of Risk. Chapter 19 consists of Summary and Conclusion. The Book os supported by Bibliography.

Delay Clauses In International Construction Contracts

Author: Jacob C. Jørgensen
Editor:
ISBN: 9789041126726
File Size: 77,66 MB
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Delay clauses in construction contracts are notoriously inadequate when invoked. The inherent, evidentiary uncertainties surrounding the causes and effects of project delays render them not only difficult to resolve when a dispute arises, but also difficult to regulate contractually. It is not surprising, then, that the governing law of the contract often plays a role when it comes to interpreting and applying contractual clauses dealing with delays, such as liquidated damages clauses and time extension clauses. And in many jurisdictions the governing law, while asserting the partiesand’ right to contractual freedom, in fact fully or partly disables such clauses by restraining the employerand’s right to claim liquidated damages or imposing unfair contract terms rules. In this book well-known practitioners from twelve countries that attract large-scale international construction projects describe and analyse the interpretation and application of delay clauses under the laws of their respective countries. In each of their presentations the reader will find in-depth responses to the following questions: Is the employer required to demonstrate a loss in order to claim liquidated damages? Can the employer claim damages for delay as an alternative or in addition to a claim for liquidated damages? Under which circumstances can the employer defeat a clause limiting the contractorand’s liability for delays? Do interim delays trigger claims for liquidated damages? How are claims for liquidated damages calculated and enforced? Can the contractor claim a reduction of the employerand’s claim for liquidated damages Under what circumstances can the contractor or the employer claim an extension of an agreed time limit and who owns the and‘floatand’? How are concurrent delays dealt with? Does the law impose any notice requirements on the employer in regard to claiming liquidated damages? Under which circumstances does a delay warrant termination of the construction contract? In addition, each author includes a brief description of the construction law environment in his or her country and highlights pitfalls and advantages to be aware of when dealing with a standard construction contract, such as the FIDIC Red Book, in that country. As an eminently practical guide to relevant local law for project managers, engineers, consultants and others concerned in the administration and planning of major construction projects, this book will prove to be a very welcome resource. It will also be very helpful to legal advisors involved in the drafting and negotiation of major international construction contracts and/or in dispute resolution proceedings.

Understanding Construction Contracts

Author: Akhtar Surahyo
Editor: Springer
ISBN: 3319666851
File Size: 30,67 MB
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This book provides an overall understanding of construction contracts, explaining a range of topics with in-depth examples, allowing engineers, site managers, architects, contractors, and other construction professionals in search of information on construction contracts to find it in one place. The volume further serves as a learning tool and a reference guide for students and instructors. Adopting a primarily Canadian perspective, the book provides references from two Standard Contract Documents CCDC (Canadian Construction Document Committee) and FIDIC (International Federation of Consulting Engineers) and briefly describes other major contract documents used within USA and UK construction industries.

Civil Engineering Construction Contracts

Author: Michael O'Reilly
Editor: Thomas Telford
ISBN: 9780727727855
File Size: 23,65 MB
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Written by an experienced author team this student book provides detailed coverage of the AQA AS Sociology specification.

Construction Contract Variations

Author: Michael Sergeant
Editor: CRC Press
ISBN: 1317685156
File Size: 43,28 MB
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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.

The Application Of Contracts In Engineering And Construction Projects

Author: Donald Charrett
Editor: CRC Press
ISBN: 1351006320
File Size: 52,89 MB
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Written by an engineer and construction lawyer with many years of experience, The Application of Contracts in Engineering and Construction Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. Compiling papers written and edited by the author, it draws together a lifetime of lessons learned in these fields and covers the topics a practicing professional might encounter in such a project, developed in bite-sized chunks. Key topics included are: the engineer and the contract; the project and the contract; avoidance and resolution of disputes; forensic engineers and expert witnesses; and international construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into, and the consequences that may ensue if this is not done, makes The Application of Contracts in Engineering and Construction Projects essential reading for construction professionals, lawyers and students of construction law.

Construction Contract Law

Author: Mr John Adriaanse
Editor: Macmillan International Higher Education
ISBN: 1137009594
File Size: 60,51 MB
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Covering the essentials of construction contracts, including how the law has developed, the reasoning behind key clauses and how contract law is applied in practice, this is an invaluable guide for students at undergraduate and postgraduate level, as well as for professionals working in the field.

International Construction Arbitration Law

Author: Jane Jenkins
Editor:
ISBN: 9789041123411
File Size: 13,30 MB
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"As an easy-to-use resource for both general counsel and lawyers in private practice, this book has no peers. It is of particular value to corporate counsel who may have many years of experience as commercial contract negotiators but have not had to live through a construction dispute or manage a construction contract during the life of a project. Lawyers in private practice embarking on a construction dispute for the first time will also find this book of value, as will students of dispute resolution."--Publisher's website.

Structuring International Contracts

Author: Center for International Legal Studies
Editor: Springer
ISBN:
File Size: 37,42 MB
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Practising lawyers, each a specialist in his or her field, examine vital provisions in international contracts, including: contract proposals and letters of intent general conditions letters of credit and bank guarantees terms of delivery storage shipment and insurance excusable delay and hardship liquidated damages and penalties warranties and performance guarantees limitation of liability governing law and dispute resolution. The contributors also review a variety of particular types of contracts common in international transactions, including agency and distribution agreements, franchising contracts, licensing agreements, construction contracts, joint venture agreements, and turnkey contracts. The 21 contributors represent 10 jurisdictions and many years of practice in the international sector. Their aim has been to treat each topic from a practitioner's perspective, with emphasis on those issues most relevant to a day-to-day law practice.

Delay Analysis In Construction Contracts

Author: John U. L. Keane
Editor: John Wiley & Sons
ISBN: 111863117X
File Size: 70,17 MB
Format: PDF
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The most significant unanticipated costs on many construction projects are the financial impacts associated with delay and disruption to the works. Assessing these, and establishing a causal link from each delay event to its effect, contractual liability and the damages experienced as a direct result of each event, can be difficult and complex. This book is a practical guide to the process of delay analysis and includes an in-depth review of the primary methods of delay analysis, together with the assumptions that underlie the precise calculations required in any quantitative delay analysis. The techniques discussed can be used on projects of any size, under all forms of construction contract, both domestic and international. The authors discuss not only delay analysis techniques, but also their appropriateness under given circumstances, demonstrating how combined approaches may be applied where necessary. They also consider problematic issues including 'who owns the float', concurrent delay, early completion programmes, and disruption. The book has been brought fully up to date, including references to the latest publications from the CIOB, AACEI and SCL, as well as current case law. Broad in scope, the book discusses the different delay analysis approaches likely to be encountered on national and international projects, and features practical worked examples and case studies demonstrating the techniques commonly used by experienced practitioners. This is an invaluable resource to programmers and schedulers, delay analysts, contractors, architects, engineers and surveyors. It will also be of interest to clients' professional advisors managing extension of time or delay claims, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. Reviews of First Edition "John Keane and Anthony Caletka are pukka analysts in that tricky area of delays, programming and extension of time. I highly recommend their book Delay Analysis in Construction Contracts. Buy the book." (Building Magazine, February 2009) "The book′s stated purpose is to provide a practical guide for those interested in schedule delay analysis. It provides a good in-depth review of the most common delay analysis techniques.... An excellent book, full of practical tips for the reader and very timely in its publication. It is well worth the cost and a good read for anyone involved in schedule delay analysis." (Cost Engineering, February 2009) It achieves in spades its stated aim of being a practical guide for contractors, contract administrators, programmers and delay analysts, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. (Construction Law Journal, 2009)

Construction Contracts

Author: Jimmie Hinze
Editor: McGraw-Hill Science/Engineering/Math
ISBN:
File Size: 70,54 MB
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* Written in layman's terms, this all-you-need-to-know text focuses on the most important aspect of contract administration * Covers many legal issues related to construction law and provides essential background material about fundamentals * Examples of filled out documents help clarify the key points

The International Application Of Fidic Contracts

Author: Donald Charrett
Editor: Taylor & Francis
ISBN: 0429632088
File Size: 23,52 MB
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FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project. The International Application of FIDIC Contracts: A Practical Guide provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are used. This book is essential reading for construction professionals, lawyers and students of construction law.

Practical Guide To Engineering And Construction Contracts

Author: Philip Loots
Editor: CCH Australia Limited
ISBN: 1921593520
File Size: 79,12 MB
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This hard cover book offers a concise, practical guide to the law relating to construction contracts in Australia. Written for engineers negotiating and administering construction contracts, it aims to assist readers in understanding the risks associated with these contracts and how to minimise them. The book is written by two experienced and respected authors who have a unique combination of local and international practical experience and professional and academic background in law and engineering.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title.

Fidic 4th

Author: E. C. Corbett
Editor:
ISBN: 9780421453302
File Size: 52,81 MB
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The 4th edition of FIDIC's book, the Conditions of Contract for Works of Civil Engineering Construction, was published in 1987 yet it has taken time for users to gain experience of the form in practice. This volume has been designed as an aid to anyone having to deal with FIDIC's conditions, featuring: the full text of Parts I and II, plain English explanation of each clause, a clause-by-clause commentary, over 90 suggested forms for use with the conditions and a comparison of the 3rd and 4th editions. This guide aims to provide assistance in drafting civil engineering contracts, considering tender documentation, drafting and considering amendments to the conditions, advising on contracts, dealing with the conditions on site, administering civil engineering contracts and resolving claims and disputes.

Consortia Agreements In The International Construction Industry With Special Reference To Egypt

Author: Hani Sarie-Eldin
Editor: Springer
ISBN:
File Size: 45,56 MB
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This book analyses the internal relationships between the parties of the international construction cooperation and also their external responsibilities To The employer under the works contract including such international standard agreements as FIDIC Civil Engineering contract. In addition, it demonstrates that the legal systems (e.g. English, Egyptian and French law) have not kept pace with the latest developments in the evolving contractual characteristics and economic significance of cooperation among two or more international construction companies. The book concludes that a comprehensive contractual framework is necessary, and statutory changes may be deemed desirable. This work will be of interest to practitioners in the field of construction law and consortium agreements.

Construction Contract Claims

Author: R.W. Thomas
Editor: Macmillan International Higher Education
ISBN: 0230344429
File Size: 41,44 MB
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Aimed at construction professionals, contractors and undergraduate and postgraduate students, this book confronts all of the difficult problems that arise in claims situations in the UK and internationally. Extensive reference to UK and international case law and a systematic approach to various types of claims, assisted by helpful and explanatory diagrams, make this book second to none as a 'trouble-shooting' guide to the presentation of, and response to, the negotiation and settlement of claims. This new edition considers in equal measure the latest editions of both NEC3 and JCT contracts and provides worked examples of claims under each. It also includes the latest revisions to the Housing Grants, Construction and Regeneration Act 1996 and the Scheme for Construction Contracts, which together make significant changes to payment and adjudication in the construction industry. Other key features: • A practical approach to solving contract claims including essential sections on claims presentation, delay analysis and non-productivity calculations • An emphasis on dealing with factual evidence • Helpful spreadsheet examples • Up-to-date coverage of developments in competition law in relation to the public procurement regulations, and the impact of these requirements at tender stage • A book that will save professionals and contractors time and money, and prepare students for the reality of the construction industry