Termination of Construction and Design Contracts


Author: Michael T. Callahan

Publisher: Aspen Publishers Online

ISBN: 0735581770

Category: Law

Page: 501

View: 568

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


Author: Daniel W. Halpin

Publisher: John Wiley & Sons

ISBN: 0470447230

Category: Technology & Engineering

Page: 480

View: 4479

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


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

Publisher: Cengage Learning

ISBN: 1111986908

Category: Technology & Engineering

Page: 640

View: 4138

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


Author: MacRoberts

Publisher: John Wiley & Sons

ISBN: 1118273435

Category: Law

Page: 576

View: 2652

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


Author: Great Britain: National Audit Office

Publisher: The Stationery Office

ISBN: 0102937699

Category: Business & Economics

Page: 47

View: 965

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.

Negotiating Construction and Design Agreements

Practical Approaches to the New AIA Documents and Beyond


Author: Gregory W. Hummel,James J. Myers

Publisher: N.A


Category: Architectural contracts

Page: 320

View: 7558

Architect and Engineer Liability

Claims Against Design Professionals


Author: Kevin R. Sido

Publisher: Aspen Publishers Online

ISBN: 0735561036

Category: Law

Page: 734

View: 2358

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


Author: William Schwartzkopf,Richard Tasker

Publisher: Aspen Publishers Online

ISBN: 0735552630

Category: Law

Page: 963

View: 3689

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.