Changing Law and Contractual Relations under COVID-19

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Author :
Publisher : Springer Nature
ISBN 13 : 9811942382
Total Pages : 230 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Changing Law and Contractual Relations under COVID-19 by : Yuka Kaneko

Download or read book Changing Law and Contractual Relations under COVID-19 written by Yuka Kaneko and published by Springer Nature. This book was released on 2022-12-22 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: COVID-19 has changed not only human lives since the beginning of the year 2020, but systems of human society as well. Legal measures have been employed in every country to mandate the state’s control of human behavior in order to stop the pandemic. But the mode of legal control has differed by country, showing different results in terms of constraining the spread of infection. While the behavioral restrictions continue, the socio-economic impacts of the pandemic have been causing another catastrophe, particularly in the most vulnerable sectors of each society. Small and medium-sized enterprises (SMEs) are typical representatives of such vulnerable groups, compelled to assume the economic burdens of the pandemic that have been shifted from the larger economic actors that hold the advantage in contractual negotiations. Statistical data on infection status have revealed a great gap between countries, such as European nations reaching the level of several thousand deaths per one hundred thousand population, while most Asian countries have maintained a level of one or two digits. Even though COVID-19 affects the whole world, the redistribution of risks in the pandemic is a goal to be pursued in the socio-cultural context of each society. This book explores the law and social changes in Asian countries under the impact of COVID-19, with a particular focus on the social relations surrounding the SMEs. These form the center of contractual relations between various socio-economic actors and at the same time, are a direct counterpart of the governmental SME policies, peculiar to Asian interventionist governments. A comparative approach is taken, using the results of interview surveys based on structured questions conducted via research collaboration between the contributors from Japan as well as other Asian countries. A comparative analysis of the risk redistribution in the pandemic between countries that share similar preconditions is still possible and meaningful. The authors of this book hold the view that Asian countries have sufficient bases for international comparison, particularly on the risk reallocation in the SME sector, given the relatively well-controlled level of infection, presumably due to the similarity of cooperative social culture. Another basis for comparison is the similarity of the laws surrounding the business operation of SMEs since normal times, which makes it feasible to compare the difference in the pandemic. What risks should be reallocated between whom, and how?

Contractual Performance and COVID-19

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526343
Total Pages : 610 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Contractual Performance and COVID-19 by : Franz Schwarz

Download or read book Contractual Performance and COVID-19 written by Franz Schwarz and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London

Covid-19, Force Majeure and Frustration of Contracts - The Essential Guide

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Author :
Publisher :
ISBN 13 : 9781913715052
Total Pages : 156 pages
Book Rating : 4.7/5 (15 download)

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Book Synopsis Covid-19, Force Majeure and Frustration of Contracts - The Essential Guide by : Keith Markham

Download or read book Covid-19, Force Majeure and Frustration of Contracts - The Essential Guide written by Keith Markham and published by . This book was released on 2020-07-08 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to outline the key provisions, together with a series of practical steps that need to be taken in order to deal with these issues as smoothly as possible.

Contract Law in Changing Times

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000821463
Total Pages : 280 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Contract Law in Changing Times by : Normann Witzleb

Download or read book Contract Law in Changing Times written by Normann Witzleb and published by Taylor & Francis. This book was released on 2022-12-30 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.

What We Owe Each Other

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Publisher : Princeton University Press
ISBN 13 : 069120764X
Total Pages : 256 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis What We Owe Each Other by : Minouche Shafik

Download or read book What We Owe Each Other written by Minouche Shafik and published by Princeton University Press. This book was released on 2022-08-23 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: From one of the leading policy experts of our time, an urgent rethinking of how we can better support each other to thrive Whether we realize it or not, all of us participate in the social contract every day through mutual obligations among our family, community, place of work, and fellow citizens. Caring for others, paying taxes, and benefiting from public services define the social contract that supports and binds us together as a society. Today, however, our social contract has been broken by changing gender roles, technology, new models of work, aging, and the perils of climate change. Minouche Shafik takes us through stages of life we all experience—raising children, getting educated, falling ill, working, growing old—and shows how a reordering of our societies is possible. Drawing on evidence and examples from around the world, she shows how every country can provide citizens with the basics to have a decent life and be able to contribute to society. But we owe each other more than this. A more generous and inclusive society would also share more risks collectively and ask everyone to contribute for as long as they can so that everyone can fulfill their potential. What We Owe Each Other identifies the key elements of a better social contract that recognizes our interdependencies, supports and invests more in each other, and expects more of individuals in return. Powerful, hopeful, and thought-provoking, What We Owe Each Other provides practical solutions to current challenges and demonstrates how we can build a better society—together.

Consumer Law and Policy

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250247
Total Pages : 515 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Consumer Law and Policy by : Iain Ramsay

Download or read book Consumer Law and Policy written by Iain Ramsay and published by Bloomsbury Publishing. This book was released on 2012-10-25 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the state and the growth of neo-liberalism. It draws on interdisciplinary sources, assessing, for example, the increased influence of behavioural economics on consumer law. It analyses the Europeanisation of consumer law and the tensions between neo-liberalism and the social market, consumer protection and consumer choice, in the establishment of the single market ground rules. The book also assesses national, regional and international responses to the world financial crisis as reflected in the regulation of consumer credit markets. This edition incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU and international legal materials.

Covid-19 and Insurance

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Author :
Publisher : Springer Nature
ISBN 13 : 3031137531
Total Pages : 354 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Covid-19 and Insurance by : María Luisa Muñoz Paredes

Download or read book Covid-19 and Insurance written by María Luisa Muñoz Paredes and published by Springer Nature. This book was released on 2023-01-10 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a novel study on the impact of the Covid-19 pandemic on insurance from an international and comparative perspective. It assesses how insurance has to adapt to a new landscape, the effects of which will last over time and cut across all areas of the field. To avoid physical contact, digitalisation has accelerated dramatically, affecting insurance in all its phases: risk selection, underwriting, pricing and claims settlement. However, the effects of the Covid-19 pandemic go far beyond that. The extent to which a claim caused directly or indirectly by the virus is or is not covered by a given policy has been the subject of debate in many insurance branches. The most litigated cases worldwide are those that concern damages resulting from business interruption due to restrictions enforced by the authorities in virtually every country. This book analyses the rulings (for and against the insured) that have already been handed down by courts in various jurisdictions (for example in the US, Latin America, Spain and Germany), in order to provide guidance to the parties in future lawsuits and also to guide the courts’ own responses. This analysis extends to the measures that governments have taken in relation to insurance during the pandemic, as well as the changes that insurers have introduced in their general conditions to exclude coverage for the pandemic. This response is unsatisfactory, as the big question is how pandemic-related risks can be covered if private insurers simply refuse to do so. Solutions based on risk sharing with public entities or the use of contractual modalities such as parametric insurance are among those outlined by the authors. The book was written by experts from academia and lawyers specialising in this field, and written for all those interested in the field of insurance: lawyers, judges, academics and legal professionals.

International Arbitration and the COVID-19 Revolution

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528435
Total Pages : 314 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration and the COVID-19 Revolution by : Maxi Scherer

Download or read book International Arbitration and the COVID-19 Revolution written by Maxi Scherer and published by Kluwer Law International B.V.. This book was released on 2020-11-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

COVID-19 and Public–Private Partnerships in Asia and the Pacific

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Author :
Publisher : Asian Development Bank
ISBN 13 : 9292625861
Total Pages : 74 pages
Book Rating : 4.2/5 (926 download)

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Book Synopsis COVID-19 and Public–Private Partnerships in Asia and the Pacific by : Asian Development Bank

Download or read book COVID-19 and Public–Private Partnerships in Asia and the Pacific written by Asian Development Bank and published by Asian Development Bank. This book was released on 2021-02-01 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: The coronavirus disease (COVID-19) is significantly impacting the development and life cycle of public–private partnership (PPP) projects in Asia and the Pacific. This has led to disruptions in trade, production, and supply chains as well as sharp declines in consumption and investment. This guidance note examines the impacts of COVID-19 on PPP projects in region including the implications for contractual arrangements. It presents governance practices that will help mitigate the risks and outlines important considerations for governments in regard to managing PPP projects for a post-pandemic recovery.

Contract Changes

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Publisher : Edward Elgar Publishing
ISBN 13 : 180037559X
Total Pages : 275 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Contract Changes by : Dacian C. Dragos

Download or read book Contract Changes written by Dacian C. Dragos and published by Edward Elgar Publishing. This book was released on 2023-01-20 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Changes comparatively analyses the contract modification regulation of 11 EU Member States, drawing on case law and common legal practice. As the first comparative study of material contract modifications, this book explores the interpretation of key concepts such as: unforeseen circumstances, non-equivocal clauses and the overall nature of the contract.

Fashion Industry Copes with Covid-19. A Legal, Technological and Sociological Reflection

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Author :
Publisher : Instytut Prawa Gospodarczego Sp. z o.o.
ISBN 13 : 8366922006
Total Pages : 413 pages
Book Rating : 4.3/5 (669 download)

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Book Synopsis Fashion Industry Copes with Covid-19. A Legal, Technological and Sociological Reflection by : Marlena Jankowska

Download or read book Fashion Industry Copes with Covid-19. A Legal, Technological and Sociological Reflection written by Marlena Jankowska and published by Instytut Prawa Gospodarczego Sp. z o.o.. This book was released on 2021-04-26 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The SARS-CoV-2 virus pandemic has halted the global economy and forced its reorganization on many levels. This phenomenon caused a shock, the effects of which will be felt for a long time both on the micro and macro scale. Creative industries, including the fashion and design industries (Textile, Clothing, Leather, and Footwear, TCLF) that are the subject of this publication, are struggling to maintain normal levels of production, employment, financial liquidity. They must additionally confront new challenges in the areas of intellectual property rights and their approach to the e-commerce world. Businesses found themselves faced with an uncertain future and new obstacles, but also with opportunities. These challenges now affect the traditionally fastpaced fashion sector, which has been driven for many years by consumers’ desire for ever more design and by the industry’s own thirst for profit. In the Polish perspective, it should also be borne in mind that, according to the report of PKO Bank Polski in 2019, the clothing industry in Poland showed an upward trend, ranking the country in 8th place in Europe by size of the clothing sector in 2017. As for the entrepreneurs making clothing, in 2017 there were 12,700 of them, placing Poland third in Europe. Finally, for employment, in the same year in Poland, 85,000 were employed in the clothing sector, which was the 5th place in the European ranking. These statistics clearly demonstrate why this sector requires closer analysis in these changed times, including a refreshed SWOT analysis taking account of the new reality. Given this situation, the Center for Design, Fashion and Advertising Law of the University of Silesia initiated research to determine how the clothing sector in Poland is coping and how the legal environment interacts with the Covid challenges. Thanks to a joint effort of scientists and legal practitioners, this publication was created consisting of 39 chapters grouped into the following 12 parts: Social and legal context, International and regulatory context, Product safety, Contracts, Copyright law, Design law and trademark law, Technology law, Unfair competition law, Labour law, Fine arts market, Sustainable Development, E-commerce. The editors would like to thank all of the authors for their efforts examining the development trends in the TCLF sector and for contributing the immeasurable amounts of energy and understanding that allowed us to complete this project. This book is the result of the authors’ significant commitment. Editors would like to give special thanks to Śląski Holding Przemysłowy that shared the company’s expertise about their two large industrial production plants employing over 500 employees, which kept working in a continuous operation system, without a single case of infection by COVID-19. We are grateful to the institutions that undertook honorary patronage of our initiative. Words of thanks go also to the strategic, content and media partners. The premiere of the publication will take place in conjunction with a music premiere, details of which can be found on the cover.

The Deal Lawyer's Weapons in the War on COVID-19

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Author :
Publisher :
ISBN 13 : 9781402436857
Total Pages : pages
Book Rating : 4.4/5 (368 download)

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Book Synopsis The Deal Lawyer's Weapons in the War on COVID-19 by : Samuel C. Thompson

Download or read book The Deal Lawyer's Weapons in the War on COVID-19 written by Samuel C. Thompson and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

All about Cable and Broadband

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Publisher : Law Journal Press
ISBN 13 : 9781588520128
Total Pages : 966 pages
Book Rating : 4.5/5 (21 download)

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Book Synopsis All about Cable and Broadband by : James C. Goodale

Download or read book All about Cable and Broadband written by James C. Goodale and published by Law Journal Press. This book was released on 2021-08-28 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive guide of the law at every level as it applies to cable networks, to cable's satellite competitors, and to the convergence of these technologies with the broadband Internet.

Pandemic Legalities

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Publisher : Policy Press
ISBN 13 : 1529218926
Total Pages : 232 pages
Book Rating : 4.5/5 (292 download)

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Book Synopsis Pandemic Legalities by : David Cowan

Download or read book Pandemic Legalities written by David Cowan and published by Policy Press. This book was released on 2021-07-29 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important text maps out ways in which the disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. Offering an account of the damage, this book demonstrates positive and productive future responses.

FIDIC Contracts in the Americas

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Publisher : Taylor & Francis
ISBN 13 : 1000902463
Total Pages : 294 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis FIDIC Contracts in the Americas by : Donald Charrett

Download or read book FIDIC Contracts in the Americas written by Donald Charrett and published by Taylor & Francis. This book was released on 2023-07-18 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 may need to be supplemented by Particular Conditions that specify the specific requirements of that project and jurisdiction. FIDIC Contracts in the Americas: A Practical Guide to Application provides readers with an overview of the legal environment, the construction industry and features of contract law applying to construction contracts in a number of jurisdictions in the Americas. It provides detailed guidance for the preparation of the Particular Conditions for FIDIC contracts 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. This book also details the impact of COVID-19 on both the execution of construction projects and the operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.

Contract Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178536877X
Total Pages : 320 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Contract Law by : Jan M. Smits

Download or read book Contract Law written by Jan M. Smits and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.

FIDIC Conditions of Contract for Design, Build and Operate Projects

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Author :
Publisher :
ISBN 13 : 9782884320528
Total Pages : 131 pages
Book Rating : 4.3/5 (25 download)

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Book Synopsis FIDIC Conditions of Contract for Design, Build and Operate Projects by : International Federation of Consulting Engineers

Download or read book FIDIC Conditions of Contract for Design, Build and Operate Projects written by International Federation of Consulting Engineers and published by . This book was released on 2008 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: