Author: Robert Fenwick Elliott
Publisher:
ISBN: 9780752003986
Category : Buildings
Languages : en
Pages : 356
Book Description
This is a collection of precedents for those involved in building and construction disputes, whether pursued through adjudication, arbitration or litigation. The text provides: assessment and comparison of every standard form contract; explanation of the specialist terms and types of documentation used by the parties to a contract; and advice on the preparation of claims. Full coverage of, and precedents for, everything from the initial drafting of a contract and its impact upon the resolution of disputes, through to submitting a claim, letters before action, pleadings, the adjudication, arbitration or court hearing, costs, and appeals are also included.
Building Contract Disputes
Author: Robert Fenwick Elliott
Publisher:
ISBN: 9780752003986
Category : Buildings
Languages : en
Pages : 356
Book Description
This is a collection of precedents for those involved in building and construction disputes, whether pursued through adjudication, arbitration or litigation. The text provides: assessment and comparison of every standard form contract; explanation of the specialist terms and types of documentation used by the parties to a contract; and advice on the preparation of claims. Full coverage of, and precedents for, everything from the initial drafting of a contract and its impact upon the resolution of disputes, through to submitting a claim, letters before action, pleadings, the adjudication, arbitration or court hearing, costs, and appeals are also included.
Publisher:
ISBN: 9780752003986
Category : Buildings
Languages : en
Pages : 356
Book Description
This is a collection of precedents for those involved in building and construction disputes, whether pursued through adjudication, arbitration or litigation. The text provides: assessment and comparison of every standard form contract; explanation of the specialist terms and types of documentation used by the parties to a contract; and advice on the preparation of claims. Full coverage of, and precedents for, everything from the initial drafting of a contract and its impact upon the resolution of disputes, through to submitting a claim, letters before action, pleadings, the adjudication, arbitration or court hearing, costs, and appeals are also included.
Best Practice in Construction Disputes
Author: Paula Gerber
Publisher:
ISBN: 9780409333077
Category : Construction industry
Languages : en
Pages : 493
Book Description
Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
Publisher:
ISBN: 9780409333077
Category : Construction industry
Languages : en
Pages : 493
Book Description
Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
Markup & Profit
Author: Michael Stone
Publisher: Craftsman Book Co
ISBN: 9781572180710
Category : Technology & Engineering
Languages : en
Pages : 316
Book Description
In order to succeed in a construction business you have to be able to mark up the price of your jobs to cover overhead expenses and make a decent profit. The problem is how much to mark it up. You don't want to lose jobs because you charge too much, and you don't want to work for free because you've charged too little. If you know how much to mark up you can apply it to your job costs and arrive at the right sales price for your work. This book gives you the background and the calculations necessary to easily figure the markup that is right for your business. Includes a CD-ROM with forms and checklists for your use.
Publisher: Craftsman Book Co
ISBN: 9781572180710
Category : Technology & Engineering
Languages : en
Pages : 316
Book Description
In order to succeed in a construction business you have to be able to mark up the price of your jobs to cover overhead expenses and make a decent profit. The problem is how much to mark it up. You don't want to lose jobs because you charge too much, and you don't want to work for free because you've charged too little. If you know how much to mark up you can apply it to your job costs and arrive at the right sales price for your work. This book gives you the background and the calculations necessary to easily figure the markup that is right for your business. Includes a CD-ROM with forms and checklists for your use.
McKenzie's Law of Building and Engineering Contracts and Arbitration
Author: H. S. McKenzie
Publisher: Juta and Company Ltd
ISBN: 9781485106142
Category : Law
Languages : en
Pages : 472
Book Description
This is the first book to explain the law applicable to the updated Joint Building Contracts Committee (JBCC) Principle Building Agreement (6th edition, 2014) and the Engineering General Conditions of Contract for Construction Works (2nd edition, 2010), which are both annexed to the book and extensively cross-referenced to assist the reader. The book also cross-references the relevant clauses of the FIDIC Contract Agreement (1999). Disputes arising out of building contracts are often referred to arbitration for solution. This work therefore deals with the effect of the Arbitration Act 42 of 1965 and the Association of Arbitrators Standard Procedure Rules, which are also reproduced as annexures in the book.
Publisher: Juta and Company Ltd
ISBN: 9781485106142
Category : Law
Languages : en
Pages : 472
Book Description
This is the first book to explain the law applicable to the updated Joint Building Contracts Committee (JBCC) Principle Building Agreement (6th edition, 2014) and the Engineering General Conditions of Contract for Construction Works (2nd edition, 2010), which are both annexed to the book and extensively cross-referenced to assist the reader. The book also cross-references the relevant clauses of the FIDIC Contract Agreement (1999). Disputes arising out of building contracts are often referred to arbitration for solution. This work therefore deals with the effect of the Arbitration Act 42 of 1965 and the Association of Arbitrators Standard Procedure Rules, which are also reproduced as annexures in the book.
Keating on Construction Contracts
Author: Stephen Furst
Publisher: Sweet & Maxwell
ISBN: 0414047923
Category : Law
Languages : en
Pages : 1553
Book Description
With a chapter on public procurement by Sarah Hannaford ; A commentary on JCT forms of contract by Adirian Williamson, and a commentary of the infrastructure conditions of contract by John Uff
Publisher: Sweet & Maxwell
ISBN: 0414047923
Category : Law
Languages : en
Pages : 1553
Book Description
With a chapter on public procurement by Sarah Hannaford ; A commentary on JCT forms of contract by Adirian Williamson, and a commentary of the infrastructure conditions of contract by John Uff
Arbitration on Building Contract Disputes
Author: Donald James Golding
Publisher: Melbourne : Master Builders' Association of Victoria
ISBN:
Category : Arbitration and award
Languages : en
Pages : 136
Book Description
Publisher: Melbourne : Master Builders' Association of Victoria
ISBN:
Category : Arbitration and award
Languages : en
Pages : 136
Book Description
Construction Disputes: Seeking Sensible
Author: CLARK
Publisher: London School of Economics and Political Science
ISBN: 9781913019488
Category : Business & Economics
Languages : en
Pages : 160
Book Description
This book reflects the author's fifty years' experience in international construction projects and the management and resolution of disputes. During those fifty years, Wayne Clark's aim has always been to guide parties towards sensible and clear communication, nurturing relationships and seeking early solutions to their differences. His primary goal is to help parties avoid unnecessary conflict - a theme that is clearly evident throughout this book. While two chapters are devoted to preparing construction claims to persuade a tribunal - and in so doing persuade the other side to reach an amicable settlement - the book covers a much wider scope: from the building owner's dream through to the contractor handing over the completed project, wise contract administration, settlement negotiations, the third-party resolution process and, finally, arbitration. During each of these stages, the theme is for the parties to continually seek ways to resolve their differences. The book also introduces the idea of the 'shadow arbitrator', who, if commissioned early in the dispute process, can guide parties and legal counsel to prepare claims and arbitral pleadings that will persuade a tribunal - and encourage the parties to find sensible solutions.
Publisher: London School of Economics and Political Science
ISBN: 9781913019488
Category : Business & Economics
Languages : en
Pages : 160
Book Description
This book reflects the author's fifty years' experience in international construction projects and the management and resolution of disputes. During those fifty years, Wayne Clark's aim has always been to guide parties towards sensible and clear communication, nurturing relationships and seeking early solutions to their differences. His primary goal is to help parties avoid unnecessary conflict - a theme that is clearly evident throughout this book. While two chapters are devoted to preparing construction claims to persuade a tribunal - and in so doing persuade the other side to reach an amicable settlement - the book covers a much wider scope: from the building owner's dream through to the contractor handing over the completed project, wise contract administration, settlement negotiations, the third-party resolution process and, finally, arbitration. During each of these stages, the theme is for the parties to continually seek ways to resolve their differences. The book also introduces the idea of the 'shadow arbitrator', who, if commissioned early in the dispute process, can guide parties and legal counsel to prepare claims and arbitral pleadings that will persuade a tribunal - and encourage the parties to find sensible solutions.
The Expert Witness in Construction Disputes
Author: Michael P. Reynolds
Publisher: John Wiley & Sons
ISBN: 0470680202
Category : Technology & Engineering
Languages : en
Pages : 240
Book Description
The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings. The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert arises where the parties can save time and money. There is greater flexibility in arbitration under the Arbitration Act 1996 and a need for expert evidence in the statutory process of adjudication. This book takes account of all these changes, taking the expert stage by stage through his or her duties, from the investigation, preparation and exchange of expert reports, disclosure of documents, the importance of different types of evidence, to preparation for the hearing itself and the giving of oral evidence. The appendices feature appropriate references to the Civil Procedure Rules, guidelines for experts, protocols and other materials of practical interest. Throughout, reference is made to relevant case law.
Publisher: John Wiley & Sons
ISBN: 0470680202
Category : Technology & Engineering
Languages : en
Pages : 240
Book Description
The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings. The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert arises where the parties can save time and money. There is greater flexibility in arbitration under the Arbitration Act 1996 and a need for expert evidence in the statutory process of adjudication. This book takes account of all these changes, taking the expert stage by stage through his or her duties, from the investigation, preparation and exchange of expert reports, disclosure of documents, the importance of different types of evidence, to preparation for the hearing itself and the giving of oral evidence. The appendices feature appropriate references to the Civil Procedure Rules, guidelines for experts, protocols and other materials of practical interest. Throughout, reference is made to relevant case law.
Construction Arbitration and Alternative Dispute Resolution
Author: Renato Nazzini
Publisher: Taylor & Francis
ISBN: 100044869X
Category : Law
Languages : en
Pages : 471
Book Description
This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.
Publisher: Taylor & Francis
ISBN: 100044869X
Category : Law
Languages : en
Pages : 471
Book Description
This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.
Causation and Delay in Construction Disputes
Author: Nicholas J. Carnell
Publisher: John Wiley & Sons
ISBN: 0470759348
Category : Technology & Engineering
Languages : en
Pages : 320
Book Description
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.
Publisher: John Wiley & Sons
ISBN: 0470759348
Category : Technology & Engineering
Languages : en
Pages : 320
Book Description
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.