Author: J. K. Yates

Publisher: Pearson College Division

ISBN: 9780135033524

Category: Law

Page: 463

View: 3855

ENGINEERING AND CONSTRUCTION LAW & CONTRACTS, 1/e is a comprehensive and up-to-date guide to engineering and construction law and contracts, written from the perspective of practicing engineers and construction professionals. Dr. J. K. Yates covers key issues through examples and case studies, minimizing the use of legal terminology, and explaining all essential legal terms in the common vernacular. This text's broad coverage encompasses these and many other topics: labor, environmental, and sustainability law; professional ethics; tort law; agency relationships; real property law; firm ownership; contracts, including terms and conditions; government contracting; change orders; dispute resolution; risk management and construction insurance; and international legal issues, including arbitration.
Read More

Author: Donald Charrett

Publisher: CRC Press

ISBN: 1351006320

Category: Law

Page: 397

View: 5494

Written by an engineer and construction lawyer with many years of experience, The Application of Contracts in Engineering and Construction Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. Compiling papers written and edited by the author, it draws together a lifetime of lessons learned in these fields and covers the topics a practicing professional might encounter in such a project, developed in bite-sized chunks. Key topics included are: the engineer and the contract; the project and the contract; avoidance and resolution of disputes; forensic engineers and expert witnesses; and international construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into, and the consequences that may ensue if this is not done, makes The Application of Contracts in Engineering and Construction Projects essential reading for construction professionals, lawyers and students of construction law.
Read More

Author: ROBERT RIBEIRO

Publisher: Butterworth-Heinemann

ISBN: 0080530990

Category: Business & Economics

Page: 320

View: 1856

Engineering Contracts is intended for those who wish to acquire skills in drafting, negotiating and working with commercial and engineering contracts. It aims to bring a different approach to the subject; combining the traditional legal perspective of the law of contract with the needs of the commercial manager or engineer who is seeking solutions to technical and commercial problems. The context within which these matters are examined is as wide as possible; for the purposes of illustration cases are drawn from the fields of mechanical, electrical, chemical, electronic and civil engineering, as well as from construction and building contracts. In many cases the important points are common to all disciplines, for instance the importance of ensuring that what has been specified is what is delivered by a supplier, and that any such delivery or indeed any event critical to the timely conclusion of a project takes place when arranged. There is advice on how to the concepts broached relate to real-life requirements and the reader will benefit from the helpful 'Legal Questions Answered' section that is included in most chapters. In addition there is a summary guide to drafting an engineering contract, a section on the relevant statutes and other legislation in force, and a list of the engineering institutions and their standard forms of contract. Case-studies of genuine and practical origin from the author's wide-ranging experience in industrial practice complete this comprehensive treatment of the subject matter.
Read More

A Commentary

Author: Brian Eggleston

Publisher: John Wiley & Sons

ISBN: 1118989368

Category: Law

Page: 392

View: 7410

This book provides a detailed commentary on the latest edition of the New Engineering Contract NEC3. It explains how the contract is intended to operate and examines each clause to consider its application and legal interpretation. It draws upon the author's successful book on the second edition of the Engineering and Construction Contract, ECC2, and it identifies and comments on the changes between ECC2 and NEC3. Particular attention is given to the revised compensation event procedures, as well as: * the role of the project manager * the liabilities and obligations of the parties * the revised dispute resolution procedures
Read More

Author: M.W. Abrahamson

Publisher: CRC Press

ISBN: 148226711X

Category: Architecture

Page: 496

View: 2500

The forms of tender, agreement, conditions and bond published by the Institution of Civil Engineers have been designed to standardise the duties of contractors, employers and engineers and to distribute fairly the risks inherent in civil engineering. This classic guide to the contracts provides and authoritative reference, and also a rich and practical introduction to the principles of construction law.
Read More

Author: Michael Rowlinson

Publisher: John Wiley & Sons

ISBN: 1119032997

Category: Law

Page: 360

View: 9976

Launched in 1993, the NEC Engineering and Construction Contract has become one of the UK's leading standard forms of contract for major construction and civil engineering projects. The third edition, popularly known as NEC3, is a process based contract embodying project and commercial management best practice, so its basic philosophy differs from the more adversarial approach of other standard construction contracts. Since the first edition of this book, the third edition of the contract has seen the introduction of a new secondary option for use in the UK and amendments to a number of clauses. In addition, in September 2011, changes were introduced to cater for the amendments to the Housing Grants, Construction and Regeneration Act 1996 contained in the Local Democracy, Economic Development and Construction Act 2009, which became effective for all new contracts entered into from 1 October 2011. These amendments have been incorporated into the text. A Practical Guide to the NEC3 Engineering and Construction Contract will be useful to everyone in the construction industry working on a project under this contract. It will be of interest to the complete construction supply chain, including employers, construction professions, contractors and sub-contractors, as well as consultants and lawyers advising any of these parties, either in the preparation of contract documentation or the day to day management or the resolution of problem situations which may arise.
Read More

Author: Nancy J. White

Publisher: Delmar Pub

ISBN: 9781418048471

Category: Architecture

Page: 511

View: 4192

The construction industry now has a clear, targeted resource for learning pertinent legal principles. Traditional books focus on general legal principles or general construction practices, while this book focuses on that critical place where the law and construction practices intersect. From labor law to contracts, property law to insurance, Construction Law for Managers, Architects, and Engineers uses real-world examples and clear, straightforward business language to transform complex legal jargon into relevant, applicable legal principles and strategies. This book serves as an ideal reference for managers, architects, engineers, construction executives, as well as a useful learning tool for students seeking the knowledge to succeed in these important fields.Check out our app, DEWALT® Mobile Pro(tm). This free app is a construction calculator with integrated reference materials and access to hundreds of additional calculations as add-ons. To learn more, visit dewalt.com/mobilepro.
Read More

Author: Michael O'Reilly

Publisher: Thomas Telford

ISBN: 9780727727855

Category: Law

Page: 378

View: 496

The second edition of this extremely popular book has been fully revised to reflect the recent changes in all the principal civil engineering contracts including the ICE 6th, the New Engineering Contract, the Arbitration and Conciliation Acts and the Housing Grants, Construction and Regeneration Act 1998. It will also include commentary on the new ICE 7th and international contracts. The book provides a succinct and authoritative introduction to contract law and the standard forms of contract used in civil engineering projects, providing an analysis of the various contract options including: The ICE Design and Construct Conditions of Contract The Engineering and Construction Contract (NEC: 2nd edition) The FIDIC Conditions of Contract In one practical volume it presents essential and accessible guidance for anyone involved in specifying construction contracts, whether it is drafting, administration, claims or dispute resolution.
Read More

Intellectual Property, Standards, and Ethics

Author: Robert D. Hunter

Publisher: CRC Press

ISBN: 1351833235

Category: Business & Economics

Page: 368

View: 5164

Engineers encounter different types of contracts at nearly every turn in their careers. Contracts for Engineers: Intellectual Property, Standards, and Ethics is a tool to enhance their ability to communicate contractual issues to lawyers—and then better understand the legal advice they receive. Building on its exploration of contracts, this book expands discussion to: Patents, copyrights, trademarks, trade secrets, and other intellectual property issues Development of standards and the bodies that govern them, as well as conformity assessment and accreditation Ethics at both the micro and macro levels—a concept under major scrutiny after several major disasters, including the Gulf of Mexico oil spill, the collapse of Boston’s Big Dig, and a coal-mining accident that resulted in many deaths With a brief introduction to common law contracts and their underlying principles, including basic examples, the book presents a sample of the Uniform Commercial Code (UCC) regarding the sale of goods. It evaluates elements of the different contracts that engineers commonly encounter, such as employee and associated consulting agreements and contracts involved in construction and government. Approaching intellectual property from a contract perspective, this reference focuses on the many different types of patents and their role in commerce. It touches on the application of trademarks and recent developments in the use of copyright as a form of contract and explains the process of obtaining patents, including the rationale for investing in them. Ethical standards receive special attention, which includes a review of several prominent professional codes of ethics and conduct for both organizations and individual engineers, particularly officers and higher-level managers.
Read More

Author: John J. P. Krol

Publisher: John Wiley & Sons

ISBN: 9780471574149

Category: Law

Page: 262

View: 6228

A straightforward description providing readers with a guide to contract law as it relates to construction contracting. Thoroughly explains when a lawyer may or may not be needed and offers guidance for working with one. Prior notice provisions, no damage for delay clauses and conditional payment provisions are among the topics covered. Includes hundreds of actual construction cases.
Read More

Contracts, Risks and Regulations

Author: Cynthia Lambert

Publisher: N.A

ISBN: 9780990739401

Category:

Page: 278

View: 5605

For students: this textbook is about gaining knowledge of construction law, developing an understanding of construction law, and acquiring the ability to apply it. Do not doubt that your career in construction management will go better when you make construction law your ally. For construction management professionals: this textbook is a practical reference guide to the wide variety of issues addressed by construction law. Insight into these issues enables professionals to make more informed decisions and to avoid unnecessary claims and disputes. For educators: this textbook engages the student-learning outcomes that respond to the construction law curricular requirements of the American Council for Construction Education (ACCE). Its subject matter has been chunked to fit a flipped classroom pedagogical model. Gregory F. Starzyk is an Assistant Professor of Construction Management at California Polytechnic State University in San Luis Obispo, California, where he teaches construction law, integrated project delivery, preconstruction integration and planning, and construction accounting. He is a Certified Professional Constructor, a DBIA Associate and a Six-Sigma Green Belt. Greg graduated from the University of Illinois at Urbana-Champaign with a Bachelor of Science Degree in Civil Engineer, Northwestern University with a Masters in Project Management, and Taft University Law School with a Juris Doctorate. Prior to academia he was a union-trained carpenter, licensed general contractor, and for 23 years he held various management positions involving refinery and petrochemical plant construction worldwide for UOP, LLC.
Read More

Author: Lukas Klee

Publisher: John Wiley & Sons

ISBN: 1119430526

Category: Law

Page: 864

View: 7434

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.
Read More

Law and Management

Author: Will Hughes,Ronan Champion,John Murdoch

Publisher: Routledge

ISBN: 1134161875

Category: Law

Page: 432

View: 742

The fourth edition of this unparalleled text has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. Introducing this topic at the core of construction law and management, this book provides students with a one-stop reference on construction contracts. Significant new material covers: procurement tendering developments in dispute settlement commentary on all key legislation, case law and contract amendments up to July 2007. In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and an extremely useful source of reference for practitioners.
Read More

Practice and Procedure

Author: Charles K. Haswell,Douglas S. de Silva

Publisher: Butterworth-Heinemann

ISBN: 1483161919

Category: Law

Page: 248

View: 5467

Civil Engineering Contracts: Practice and Procedure, Second Edition explains the contract procedures used in civil engineering projects. Topics covered include types of contract in civil engineering, general conditions of contract, insurances, and tender procedures. The powers, duties, and functions of the engineer and his representative are also considered. This book is comprised of 14 chapters and begins with an overview of the philosophy underlying the contract system in civil engineering, followed by a discussion on the promotion of civil engineering works. The reader is then introduced to types of civil engineering contracts; contract risk and contract responsibility; the application of contract documents; and general conditions of contract. The remaining chapters focus on contract specifications; bill of quantities and methods of measurement; principles and types of insurance; procedures for competitive bids or tenders; cost estimates, methods of pricing, and rate fixing; and claims on civil engineering contracts. The final chapter is devoted to arbitration and related procedure for the settlement of contract disputes. This monograph will be useful to practicing civil engineers who are involved with contract administration and to younger engineers who are aspiring to obtain professional qualifications.
Read More

Author: Philip Loots,Donald Charrett

Publisher: CCH Australia Limited

ISBN: 1921593520

Category: Building laws

Page: 458

View: 9703

This hard cover book offers a concise, practical guide to the law relating to construction contracts in Australia. Written for engineers negotiating and administering construction contracts, it aims to assist readers in understanding the risks associated with these contracts and how to minimise them. The book is written by two experienced and respected authors who have a unique combination of local and international practical experience and professional and academic background in law and engineering.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title.
Read More

Author: Ellis Baker,Ben Mellors,Scott Chalmers,Anthony Lavers

Publisher: CRC Press

ISBN: 131791189X

Category: Law

Page: 624

View: 9951

FIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered. Humphrey LLoyd, International Construction Law Review [2010] ICLR 386
Read More

Author: Roger ter Haar,Anna Laney,Marshall Levine

Publisher: CRC Press

ISBN: 1317496191

Category: Law

Page: 800

View: 6283

Construction Insurance and UK Construction Contracts has long been the premier text for legal professionals looking for a combined analysis of construction contracts and their relation to insurance law. In a new and updated third edition, this book continues to provide in-depth commentary and pragmatic advice on all the most important regulations and policies surrounding contracts and insurance in the construction industry. Including brand new chapters on reinsurance and energy products, this book covers subjects such as: Minor, intermediate and major project construction contracts Classes of insurance contract The role of insurance brokers Risks in construction and legal liability Professional indemnity insurance and directors' and officers' liability insurance Bonds and insurance Latent defect insurance Property insurance Health and Safety and Construction Regulations Contract Insurance FIDIC, JCT and NEC 3 regulations PFI/PPP projects in the UK Dispute resolution This book is a vital reference tool and practical guide for lawyers and in-house counsels involved in the construction industry as well as project managers, quantity surveyors, construction contractors, architects and engineers needing advice from an experienced legal perspective.
Read More

Author: Keith Pickavance

Publisher: CRC Press

ISBN: 1317859677

Category: Law

Page: 544

View: 8452

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.
Read More

Author: D.A. Stephenson

Publisher: Routledge

ISBN: 1135826501

Category: Architecture

Page: 232

View: 7854

Considers each stage in the course of an arbitration in detail, from the claimant's decision to seek the means of resolving a dispute to the arbitrator's award, explaining clearly and concisely what is expected of the claimant, respondent and arbitrator and when.
Read More

Author: P. John Keane,Anthony F. Caletka

Publisher: John Wiley & Sons

ISBN: 1118631129

Category: Law

Page: 288

View: 9067

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 has been brought fully up to date, including references to the latest publications from the CIOB, AACEI and SCL, as well as current case law. Broad in scope, the book discusses the different delay analysis approaches likely to be encountered on national and international projects, and features practical worked examples and case studies demonstrating the techniques commonly used by experienced practitioners. This is an invaluable resource to programmers and schedulers, delay analysts, contractors, architects, engineers and surveyors. It 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. Reviews of First Edition "John Keane and Anthony Caletka are pukka analysts in that tricky area of delays, programming and extension of time. I highly recommend their book Delay Analysis in Construction Contracts. Buy the book." (Building Magazine, February 2009) "The book′s stated purpose is to provide a practical guide for those interested in schedule delay analysis. It provides a good in–depth review of the most common delay analysis techniques.... An excellent book, full of practical tips for the reader and very timely in its publication. It is well worth the cost and a good read for anyone involved in schedule delay analysis." (Cost Engineering, February 2009) It achieves in spades its stated aim of being a practical guide for contractors, contract administrators, programmers and delay analysts, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. (Construction Law Journal, 2009)
Read More