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: 3173

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: 6609

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.

Understanding Construction Contracts

Canadian and International Conventions

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Author: Akhtar Surahyo

Publisher: Springer

ISBN: 3319666851

Category: Technology & Engineering

Page: 246

View: 6817

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.

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: 393

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: 4095

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

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: 3555

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: 1098

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: 4291

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: 9788

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: 5336

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.

Construction Law and Practice

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Author: Edward Banyard Smith

Publisher: Sweet & Maxwell

ISBN: 1908239093

Category: Construction industry

Page: 312

View: 4215

Chitty on Contracts is the single most pre-eminent reference work on the whole range of English contract law available anywhere in the common law world. It has been used for generations by lawyers as the leading guide to contracts, and is relied on to provide insight and aid in knotty areas of the law. The work is in two volumes: Volume One covers the General Principles of contract law, whilst Volume Two offers guidance on Specific Contracts, namely contractual issues in specific industry sectors. (Volume One of the work is available as a standalone for those who need coverage of the general principles of contract law only).

Landscape Estimating and Contract Administration

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Author: Stephen Angley,Edward Horsey,David Roberts

Publisher: Cengage Learning

ISBN: 9780766825734

Category: Science

Page: 269

View: 528

"Landscape Estimating and Contract Administration" can be used for students at technical schools and colleges who are studying landscape design, installation and maintenance. It is also an excellent reference manual for managers with landscape contracting companies, and landscape architects and designers.

Avoiding Or Minimizing Construction Litigation

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Author: Jonathan J. Sweet

Publisher: John Wiley & Sons

ISBN: 9780471546177

Category: Law

Page: 472

View: 921

Enables non-attorneys in the construction industry to understand how the construction process and law interact in order to resolve disputes without going to court. Analyzes specific issues concerning contracts, subcontracting, tort claims, insurance and bonds. Recommends strategies for avoiding or terminating litigation if a claim arises. Includes actual case studies and a complete reference of relevant AIA, EJCDC and NSPE documents.

Working conditions and postal construction program--U.S. Postal Service

Hearings, Ninety-second Congress, first and second sessions

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Author: United States. Congress. House. Committee on Post Office and Civil Service. Subcommittee on Postal Facilities and Mail

Publisher: N.A

ISBN: N.A

Category: Political Science

Page: 640

View: 2677

Smith, Currie and Hancock's Common Sense Construction Law

A Practical Guide for the Construction Professional

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Author: Thomas J. Kelleher, Jr.,John M. Mastin,Ronald G. Robey,Smith, Currie & Hancock LLP

Publisher: John Wiley & Sons

ISBN: 1118858158

Category: Technology & Engineering

Page: 896

View: 3567

Cut through the legalese to truly understand constructionlaw Smith, Currie & Hancock's Common Sense ConstructionLaw is a guide for non-lawyers, presenting a practicalintroduction to the significant legal topics and questionsaffecting the construction industry. Now in its fifth edition, thisuseful guide has been updated to reflect the most currentdevelopments in the field, with new information on Public PrivatePartnerships, international construction projects, and more.Readers will find full guidance toward the new forms being producedby the AIA, AGC, and EJDC, including a full review, comparison tothe old forms, areas of concern, and advice for transitioning tothe new forms. The companion website features samples of thesedocuments for ease of reference, and end of chapter summaries andchecklists help readers make use of the concepts in practice. Theupdated instructor support material includes scenario exercises,sample curriculum, student problems, and notes highlighting the keypoints student responses should contain. Construction is one of the nation's single largest industries,but its fractured nature and vast economic performance leave itheavily dependent upon construction law for proper functioning.This book is a plain-English guide to how state and federal lawaffects the business, with practical advice on avoiding disputesand liability. Understand construction law without wading through legaltheory Get information on an emerging method of funding large-scaleprojects Parse the complexities presented by international and overseasprojects Migrate to the new AIA, AGC, and EJDC forms smoothly andconfidently This book doesn't cover legal theory or serve as a lawyer'sguide to case law and commentary – its strength is the clear,unaffected common-sense approach that caters to the constructionprofessional's perspective. For a better understanding ofconstruction law, Smith, Currie & Hancock's Common SenseConstruction Law is an efficient reference.

Standard Letters for Building Contractors

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Author: David Chappell

Publisher: John Wiley & Sons

ISBN: 1405177896

Category: Technology & Engineering

Page: 352

View: 6647

Whenever a contractor undertakes work using one of the standard building contracts, however small the job, writing a good many letters will be involved. Some will be formal notices it is necessary to give; others will be letters it is prudent to send. This book provides a set of over 300 standard letters for use with the standard forms of building contract and sub-contract and aims to cover all the common situations which contractors will encounter when involved in a contract. It has been substantially revised to take account of the 2005 suite of JCT contracts, together with changes in case law and the 2007 CDM Regulations. The letters are for use with the following contracts: ● JCT Standard Building Contract (SBC), ● JCT Intermediate Building Contract (IC) and ‘with contractor’s design’ (ICD), ● JCT Minor Works Building Contract (MW) and ‘with contractor’s design’ (MWD), ● JCT Design and Build Contract (DB), ● JCT Standard Building Sub-Contract Conditions (SBCSub/C) and ‘with sub-contractor’s design’ (SBCSub/D/C), ● JCT Intermediate Named Sub-Contract Conditions (ICSub/NAM/C), ● JCT Intermediate Sub-Contract Conditions (ICSub/C) and ‘with sub-contractor’s design’ (ICSub/D/C), and ● JCT Design and Build Sub-Contract Conditions (DBSub/C). There are also letters for use with GC/Works/1 and its subcontract. The book comes with a free CD which includes all the letters. It is compatible for use with Microsoft® Word and WordPerfect® on IBM-PC and Macintosh® machines.