Termination of Construction and Design Contracts

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Author: Michael T. Callahan

Publisher: Aspen Publishers Online

ISBN: 0735581770

Category: Law

Page: 501

View: 5787

Construction and design contracts increasingly contain provisions giving one or both parties the power to terminate the contract. Given that contracts are not always clear on the interrelationship between the termination provisions and the law, this unique resource provides the insight and information you need to interpret contracts and enforce key clauses to your client's advantage. "Termination of Construction and Design Contracts" enables you to handle even the most complicated terminations and suspensions. With this latest addition to Aspen Publishers' respected "Construction Red Book Series," you'll be able to: Negotiate and draft appropriate termination clauses in project contracts Benefit from expert analysis of current case law Master the subtle differences between different types of termination --and know when each applies Identify all the potential remedies for the terminated contractor whether justified or wrongful Understand and enforce the duty to mitigate Identify and apply the different immunities Accurately value the costs involved in termination Determine what constitutes default and the grounds for a default termination Define the contractor's, owner's, and designer's right to suspend work "Termination of Construction and Design Contracts" provides complete and comprehensive analysis of all the issues surrounding contract termination and the suspension of construction and design projects. Covers the legal and practical details of termination from every party's perspective: Public Owners Private Owners Contractors Subcontractors Sureties

Construction Management

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Author: Daniel W. Halpin

Publisher: John Wiley & Sons

ISBN: 0470447230

Category: Technology & Engineering

Page: 480

View: 9364

The construction professional has to be a “jack of all trades, and master of all.” This text covers a wide range of subjects, reflecting the breadth of knowledge needed to understand the dynamics of this large and complex industry. This edition introduces extended coverage in the scheduling area to address more advanced and practice oriented procedures such as Start to Start, Finish to Finish, and similar relationship between activities in a network schedule.

Construction Law for Design Professionals, Construction Managers and Contractors

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Author: Justin Sweet,Marc M. Schneier,Blake Wentz

Publisher: Cengage Learning

ISBN: 1111986908

Category: Technology & Engineering

Page: 640

View: 4181

CONSTRUCTION LAW FOR DESIGN PROFESSIONALS, CONSTRUCTIONS MANAGERS AND CONTRACTORS is a condensed -- and completely revamped -- version of the bestselling authority on engineering law, LEGAL ASPECTS OF ARCHITECTURE, ENGINEERING AND THE CONSTRUCTION PROCESS (now in its 9th edition) by Justin Sweet, Marc M. Schneier and Blake Wentz. For this new book, the authors have directed the text at engineering, architecture and construction management students. Given the authors' long and deep understanding of the intersection between the law and the construction industry, professors and students can trust this text is unparalleled. The addition of Blake Wentz to the author team emphasizes the commitment to the field. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

MacRoberts on Scottish Construction Contracts

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Author: MacRoberts

Publisher: John Wiley & Sons

ISBN: 1118273435

Category: Law

Page: 576

View: 7945

Provides a guide to the general principles of Scottish lawrelevant to construction contracts and the main provisions of thestandard forms of construction contract used in Scotlandincluding: the obligations of employers and contractors certification payment ending a construction contract remedies subcontracts collateral warranties insurance dispute resolution regulatory matters The new edition has been substantially updated and expanded totake account of the latest editions of the Scottish StandardBuilding Contracts and recent case law. Specific updates have beendriven by the following changes to legislation and standardcontracts Local Democracy Economic Development and Construction Act 2009and the relative Scheme for Construction Contracts Arbitration (Scotland) Act 2010 Recognising the significant increase in use of NEC3 standardforms of contract, references to NEC3 provisions have beenintroduced throughout the relevant chapters so that each now coversthe common law, the SBCC provisions and the NEC3 provisions. It also features new chapters on: litigation; competition; theBribery Act 2010; and guarantees and bonds. From reviews of previous editions: ‘very approachable and readable… I wouldparticularly recommend this book to non-legal constructionprofessionals’ – Construction & EngineeringLaw ‘an informative textbook for the practitioner… [a]significant contribution to knowledge’ –Arbitration ‘a highly competent… textbook which would be ofvalue for industry professionals with no legal background’– Construction Law

Understanding Construction Contracts

Canadian and International Conventions

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Author: Akhtar Surahyo

Publisher: Springer

ISBN: 3319666851

Category: Technology & Engineering

Page: 246

View: 6692

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.

The Termination of the PFI Contract for the National Physical Laboratory

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Author: Great Britain: National Audit Office

Publisher: The Stationery Office

ISBN: 0102937699

Category: Business & Economics

Page: 47

View: 2352

In 1998, the Department of Trade and Industry (DTI) and Laser, a special purpose company jointly owned by Serco Group plc and John Laing plc, signed a 25-year long Private Finance Initiative (PFI) contract. Laser would build and manage new facilities for the National Physical Laboratory (NPL), comprising 16 linked modules, containing over 400 laboratories, and replacing many existing buildings. The planned cost of the new buildings was approximately £96 million. The DTI would pay Laser a unitary charge, of £11.5 million (1998 prices) a year once the new buildings were ready, the charge increasing annually based on the increase in retail prices. The project suffered considerable construction delays and difficulties in achieving the specification for some parts of the buildings, mainly due to deficient design. In December 2004, it was agreed to terminate the PFI contract. The DTI paid Laser £75 million for its interest in the new buildings. This was the first termination of a major PFI contract involving serious non-performance. This report examines the problems that led to the termination, why these problems arose, how the Department managed them and the value for money consequences of the termination. The report finds that the DTI successfully transferred risk in the PFI contract to the private sector, but that the project risks could have been reduced with firmer control and better communication. Up to and including the termination, the Department's investment in the new facilities was about £122 million (March 2005 prices). In return, the Department secured an asset valued at £85 million and for which all but eight of more than 400 laboratories should be capable of being made to meet its specification in full. The private sector reported a loss of at least £100 million.

Architect and Engineer Liability

Claims Against Design Professionals

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Author: Kevin R. Sido

Publisher: Aspen Publishers Online

ISBN: 0735561036

Category: Law

Page: 734

View: 7111

Now you can keep construction design exposure to a minimum! Prepared for design and construction professionals and their attorneys, this comprehensive, up-to-date resource is written by eminent authorities in the field. It details all relevant topics: risk management, alternative dispute resolution, trial conduct, handling shop drawings, insurance and surety, and more. You'll get straightforward answers to all your legal questions, as well as examples of the valuable lessons learned by leading design and construction experts.

Practical Guide to Construction Contract Surety Claims

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Author: William Schwartzkopf,Richard Tasker

Publisher: Aspen Publishers Online

ISBN: 0735552630

Category: Law

Page: 963

View: 9143

Practical Guide to Construction Contract Surety Claims, Second Edition provides clear guidance on the methods, procedures and case law surrounding the surety process. Whether you represent the surety, principal, or obligee, this one-of-a-kind reference will provide you with the indispensable, practical guidance and reliable tools you need to manage the surety process. Practical Guide to Construction Contract Surety Claims, Second Edition is logically organized around the various types of bonds - payment bond, bid bond, performance bond - as well as the claims that are asserted against those bonds, and the methods of investigation and resolution of those claims. It covers in detail the surety's options for resolving performance bond claims, including: Tender Completion by the obligee Completion by surety Financing the principal This book also addresses matters that affect the claims handling process, such as: Bankruptcy of the principal Claims for extra-contractual damages Claims by the surety against the principal Indemnity for losses sustained by the surety The interrelationship of the surety and the insurance carriers for the construction project Valuable analysis of case law is included within the discussion of each topic, and the relevant facts of key cases are highlighted where applicable. Bonus Interactive CD-ROM Includes All Forms and Documents This unique CD-ROM contains nearly 150 forms, such as sample agreements and correspondence among the parties, providing the guidance you need to act quickly and protect your client's interests in any situation.

Design and construction contracts

representing the owner

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Author: Daniel S. Hapke,American Bar Association. Section of General Practice

Publisher: N.A

ISBN: N.A

Category: Law

Page: 218

View: 2281

This work focuses on the rights of the owners of buildings under construction. Topics include the design agreement, the contract for general construction, and the construction management agreement. It is geared for use by attorneys and contains sample forms.

Architects' Guide to Fee Bidding

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Author: M. Paul Nicholson

Publisher: Taylor & Francis

ISBN: 1134481632

Category: Architecture

Page: 176

View: 4917

Fee bidding still generates emotive reactions from within many sections of the architectural profession. Fee bidding is not taught in most schools of architecture, so practitioners generally rely on hunches and guesswork. It is these wild card guesses, which exacerbate the poor levels of income for which the architectural profession is renowned. This book introduces practising architects, architectural managers and senior students, to the philosophy and practice of analytical estimating for fees. By means of a detailed case study it illustrates the many problems which may be encountered in the calculation of fees for professional services. It gives a step-by-step guide through the complexities of fee bidding and acts as a source of reference to successful bidding. A detailed discussion of the philosophy of design management and architectural management is developed as a backdrop to the preparation of a bid. It leads the reader through the mysteries of converting the calculation of a bid into a serious tender. This unique text is an essential guide for all practitioners, particularly those at the commencement of their careers and Part 3 students. Indeed it will be of importance to all constructional professionals who operate within a highly competitive market.

Design & Construction of the Contract Package Concept

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Author: Robert E. Bartz

Publisher: AuthorHouse

ISBN: 148170138X

Category: Reference

Page: 190

View: 9544

The overview of this book is to assist A/E Firms, Contractors and Utility owners to obtain the knowledge of how the Contract Package Concept can be developed and implemented for any type or size of project. The primary motivation for the use of the Contract Package Concept is to break the job into proper and efficient size packages which can be bid and awarded on a lump sum basis. In building a project of any size magnitude, it does not require a unique method of management. In managing these activities, construction management must be concerned with the manner and method of how to construct this facility in the most economical and beneficial manner. The theme of the book is to have the owner define his purpose by emphasizing the importance of focus and clarity which in time will assist the Project Organization to “zero in” on the vision to build a facility on schedule or ahead of schedule and within the budget or under the budget.

Construction Law and Management

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Author: Keith Pickavance

Publisher: CRC Press

ISBN: 1317859677

Category: Law

Page: 544

View: 9843

Construction Law and Management explains the state of design information appropriate to a given procurement route, and the need to identify risks and strategies for managing them. This handy desk side reference offers a comprehensive guide to construction law and management and is essential reading for anyone in the construction, architecture and engineering industries.

The JCT 05 Standard Building Contract

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Author: Issaka Ndekugri,Michael Rycroft

Publisher: Routledge

ISBN: 1136357270

Category: Technology & Engineering

Page: 588

View: 1135

The Joint Contracts Tribunal's (JCT) Standard Form of Building Contract, one of the most common standard contracts used in the UK to procure building work, is updated regularly to take account of changes in legislation and industry practice and relevant court decisions from litigation. The JCT 05 Standard Building Contract: Law and Administration is a second edition to the authors' earlier award-winning The JCT98 Building Contract: Law and Administration, and clarifies complex issues surrounding obligations and rights under the contract. This makes it an essential reference for construction professionals, employers, contractors, and lawyers new to construction seeking to update and consolidate their knowledge. The book also provides the knowledge and understanding of the contract, which are a fundamental part of the education of most students who go on to become managers and leaders in the construction industry. It thoroughly works through the provisions of the contract in simple language, using case law examples and relevant statute to demonstrate approaches to its interpretation.

The Law of Construction Disputes

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Author: Cyril Chern

Publisher: CRC Press

ISBN: 1317748611

Category: Law

Page: 680

View: 6888

The Law of Construction Disputes covers the construction dispute process by analysing the main areas that can lead to disputes and how to effectively deal with them once they have arisen. The book combines theory and practice along with exact excerpts of the leading case decisions covering the entire spectrum of construction law and the disputes that arise.