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Delay Clauses In International Construction Contracts
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Book Synopsis Delay Clauses in International Construction Contracts by : Jacob C. Jørgensen
Download or read book Delay Clauses in International Construction Contracts written by Jacob C. Jørgensen and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Construction Contract Law by : Lukas Klee
Download or read book International Construction Contract Law written by Lukas Klee and published by John Wiley & Sons. This book was released on 2015-01-07 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Aimed at a global market so not oriented to any particular legal system, the book is useful to readers throughout the world"--
Book Synopsis Contracts for Infrastructure Projects by : Philip Loots
Download or read book Contracts for Infrastructure Projects written by Philip Loots and published by Taylor & Francis. This book was released on 2022-05-18 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts for Infrastructure Projects: An International Guide provides a guide to the law relating to construction contracts for infrastructure projects; it is intended for the use of engineers and other professionals who are involved in the negotiation and administration of construction contracts, to enable them to understand the risks involved, and how to minimise them. The principles of construction law outlined in this book apply to small construction contracts as well as very large contracts for which the contract sum may be in the billions of dollars. The focus of the book is on construction contracts entered into by commercial organisations operating in a business environment. Contract law generally assumes that such parties are of equal bargaining power and puts relatively few fetters on their ability to agree on the terms of their bargain. However, where legislation impacts on the execution of construction projects or the operation of construction contracts it may be of major importance in protecting the rights of weaker parties or third parties. It is assumed that the users of this book will be familiar with the general concepts of tendering and contracting for engineering and construction projects but may not have any formal knowledge of the law. To the extent possible, the emphasis is on general principles of contract law that are widely accepted in many jurisdictions. Examples are drawn from case law in a number of common law jurisdictions, as well as from civil codes.
Book Synopsis Delay Analysis in Construction Contracts by : P. John Keane
Download or read book Delay Analysis in Construction Contracts written by P. John Keane and published by John Wiley & Sons. This book was released on 2009-01-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, which is well illustrated, features practical worked examples and case studies demonstrating the techniques commonly used by experienced practitioners. This is an invaluable resource to contractors, architects, engineers, surveyors, programmers and delay analysts, and 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.
Download or read book FIDIC written by Wilfred Abraham and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Delay and Disruption in Construction Contracts by : Andrew Burr
Download or read book Delay and Disruption in Construction Contracts written by Andrew Burr and published by CRC Press. This book was released on 2016-02-05 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Delay and Disruption in Construction Contracts by : Andrew Burr
Download or read book Delay and Disruption in Construction Contracts written by Andrew Burr and published by Taylor & Francis. This book was released on 2017-11-22 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Construction Contract Law by : Lukas Klee
Download or read book International Construction Contract Law written by Lukas Klee and published by John Wiley & Sons. This book was released on 2018-10-22 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: The updated second edition of the practical guide to international construction contract law The revised second edition of International Construction Contract Law is a comprehensive book that offers an understanding of the legal and managerial aspects of large international construction projects. This practical resource presents an introduction to the global construction industry, reviews the basics of construction projects and examines the common risks inherent in construction projects. The author — an expert in international construction contracts — puts the focus on FIDIC standard forms and describes their use within various legal systems. This important text contains also a comparison of other common standard forms such as NEC, AIA and VOB, and explains how they are used in a global context. The revised edition of International Construction Contract Law offers additional vignettes on current subjects written by international panel of numerous contributors. Designed to be an accessible resource, the book includes a basic dictionary of construction contract terminology, many sample letters for Claim Management and a wealth of examples and case studies that offer helpful aids for construction practitioners. The second edition of the text includes: • Updated material in terms of new FIDIC and NEC Forms published in 2017 • Many additional vignettes that clearly exemplify the concepts presented within the text • Information that is appropriate for a global market, rather than oriented to any particular legal system • The essential tools that were highlighted the first edition such as sample letters, dictionary and more • A practical approach to the principles of International Construction Contract Law and construction contract management. Does not get bogged down with detailed legal jargon Written for consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide, the second edition of International Construction Contract Law offers an essential guide to the legal and managerial aspects of large international construction projects.
Book Synopsis The FIDIC Red Book Contract by : Christopher Seppälä
Download or read book The FIDIC Red Book Contract written by Christopher Seppälä and published by Kluwer Law International B.V.. This book was released on 2023-04-25 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conditions of Contract for Construction – known universally as the Red Book – published by the International Federation of Consulting Engineers (known by its French acronym FIDIC) is the most widely used standard form of international construction contract. This book is a detailed commentary on the 2022 reprint of the 2017 FIDIC Red Book. For each of the Red Book’s 168 Sub-Clauses the commentary: identifies changes from the 1999 edition; analyses the meaning and significance of the Sub-Clause and lists related Sub-Clauses; describes related international arbitration awards, national court decisions and legal principles; and, where appropriate, proposes amendments to improve the Sub-Clause. As the FIDIC Yellow and Silver Books are very similar to the Red Book, much of the commentary is equally applicable to those forms of contract. The author is a FIDIC ‘insider’ having served for more than thirty years as Legal/Special Adviser to, or Member of, the FIDIC Contracts Committee which is responsible for preparing FIDIC’s contracts. This book is an indispensable resource for all parties called on to work with a FIDIC contract. With guidance for every stage of a construction project, whether in drafting, negotiating, performing, interpreting, or administering a FIDIC contract, the book’s easy-to-use structure includes such issues and topics as the following: introduction to FIDIC and its contracts and to publications of FIDIC and others relevant to the Red Book including the 2022 FIDIC Contracts Guide; critical examination of each Sub-Clause and advice for amending the same in order to better adapt it to the interests of each party (the Employer or the Contractor); special attention to each Sub-Clause relating to the Contractor’s and the Employer’s claims and claims procedure and to how to assert claims effectively, as well as to time bars and other pitfalls and how they may be overcome; detailed examination of Sub-Clauses relating to the referral of issues or disputes to the Dispute Avoidance/Adjudication Board and, if necessary, to international arbitration, and optimal strategies for doing so; discussion of the changes required to the 2017 Red Book by The World Bank’s Conditions of Particular Application (‘COPA’); reference, where appropriate, to the UNIDROIT Principles of International Commercial Contracts and trade usages; comprehensive discussion of practical issues that arise under common law, civil law and international legal principles, especially when a contract is with a state or public body; comparison of common law and civil law methods of contract interpretation and a suggested practical approach to interpretation given a FIDIC contract’s international arbitration clause; and overcoming problems that can arise when a contract is governed by the law of a less-developed country. Legal and technical terms are clearly defined, and numerous figures and tables are included to illustrate steps in contract procedures. Detailed attention is paid to terminological distinctions among the various legal traditions, including a comparison of British-English and American-English construction contract terms. Unquestionably the most detailed and thorough commentary ever published on the FIDIC Red Book, this highly practical work enables preparers of FIDIC contracts to amend and adapt the Red Book’s provisions to a particular project. Dispute adjudicators, arbitrators, and judges will welcome the book’s authoritative guidance on interpreting the provisions of a FIDIC contract, and engineers and other construction professionals involved in contract administration will appreciate the book’s many practical features.
Book Synopsis The International Compendium of Construction Contracts by : Phillip Greenham
Download or read book The International Compendium of Construction Contracts written by Phillip Greenham and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-05-10 with total page 1370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the most commonly used construction project contracts are applied in a range of countries around the world. The specific situation of each of the almost 40 countries studies is dealt with in a dedicated chapter, allowing for easy comparison between differing legal and commercial environments. Each chapter contextualizes the relevant contracts within the legal and commercial systems prevalent in a particular country and examines a number of common issues impacting construction projects around the world. This unique book will be an essential resource for construction law specialists around the world because of its focus on commonly used contracts and the contextualizing of these contracts into the legal and commercial environment of each studied country. All contributions are from practicing construction project lawyers ensuring that the quality of the information and analysis is of the highest standard.
Book Synopsis International Construction Contracts by : William Godwin
Download or read book International Construction Contracts written by William Godwin and published by John Wiley & Sons. This book was released on 2012-12-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Contracts for Infrastructure Projects by : Philip C. Loots
Download or read book Contracts for Infrastructure Projects written by Philip C. Loots and published by Informa Law from Routledge. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts for Infrastructure Projects: An International Guide provides a guide to the law relating to construction contracts for infrastructure projects; it is intended for the use of engineers and other professionals who are involved in the negotiation and administration of construction contracts, to enable them to understand the risks involved, and how to minimise them. The principles of construction law outlined in this book apply to small construction contracts as well as very large contracts for which the contract sum may be in the billions of dollars. The focus of the book is on construction contracts entered into by commercial organisations operating in a business environment. Contract law generally assumes that such parties are of equal bargaining power and puts relatively few fetters on their ability to agree on the terms of their bargain. However, where legislation impacts on the execution of construction projects or the operation of construction contracts it may be of major importance in protecting the rights of weaker parties or third parties. It is assumed that the users of this book will be familiar with the general concepts of tendering and contracting for engineering and construction projects but may not have any formal knowledge of the law. To the extent possible, the emphasis is on general principles of contract law that are widely accepted in many jurisdictions. Examples are drawn from case law in a number of common law jurisdictions, as well as from civil codes.
Book Synopsis International Construction Contracts by : McNeill Stokes
Download or read book International Construction Contracts written by McNeill Stokes and published by . This book was released on 1978 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Liquidated Damages and Extensions of Time by : Brian Eggleston
Download or read book Liquidated Damages and Extensions of Time written by Brian Eggleston and published by John Wiley & Sons. This book was released on 2009-01-26 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liquidated damages and extensions of time are complex subjects,frequently forming the basis of contract claims made under thestandard building and civil engineering contracts. Previouseditions of Liquidated Damages and Extensions of Time are highlyregarded as a guide for both construction industry professionalsand lawyers to this complex area. The law on time and damages continues to develop with an increasingflow of judgments from the courts. Alongside this, the standardforms of contract have also developed over time to reflectprevailing approaches to contractual relationships. Against thisbackground a third edition will be welcomed by constructionprofessionals and lawyers alike. Retaining the overall approach ofthe previous editions, the author clarifies, in a highly readablebut legally rigorous way, the many misunderstandings on time anddamages which abound in the construction industry. The thirdedition takes account of a large volume of new case law since theprevious edition was published over ten years ago, includes a newchapter on delay analysis and features significantly expandedchapters on penalty clauses, the effects of conditions precedentand time-bars, and the complexities of causation.
Book Synopsis The FIDIC Forms of Contract by : Nael G. Bunni
Download or read book The FIDIC Forms of Contract written by Nael G. Bunni and published by John Wiley & Sons. This book was released on 2013-02-05 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.
Book Synopsis Proving and Pricing Construction Claims by : Robert F. Cushman
Download or read book Proving and Pricing Construction Claims written by Robert F. Cushman and published by Wolters Kluwer. This book was released on 2000-12-01 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most useful, definitive resource available on every aspect of construction claims, including: how to present the claims how to calculate and prove the amount of damages sustained and how to prove liability It even covers the clauses that should be in every construction contract. You'll get comprehensive coverage of all the important issues -- delay claims, differing site conditions claims, claims for lost profit, international claims, and much more. Includes a variety of winning strategies, practice tips, and helpful checklists to minimize damages and maximize collectability.
Book Synopsis Causation and Delay in Construction Disputes by : Nicholas J. Carnell
Download or read book Causation and Delay in Construction Disputes written by Nicholas J. Carnell and published by John Wiley & Sons. This book was released on 2008-08-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building contract claims for more time on projects represent one of the largest sources of dispute within the industry. However, identifying the causes of delays, and the effects they have on the project, is often difficult and the burden on the party seeking to prove delay is a heavy one. This book provides the construction professional with an analysis of how construction projects become delayed, the practical measures which can be taken to avoid such delays, and how the parties can protect their positions in the face of delays. It goes on to look at the requirements for producing a successful claim. It provides a straightforward guide to the legal issues, and also considers how the effects of delays can most practically be addressed. The Second Edition takes account of new case law since 1999, and has new sections on adjudication, risk allocations and the Society of Construction Law Delay Protocol. Very well received when it was first published, the book is aimed particularly at contractors, project managers and senior surveyors, but will also be of interest to construction lawyers.
