Author: Kenneth C. Gibbs
Publisher: John Wiley & Sons
ISBN:
Category : Construction contracts
Languages : en
Pages : 344
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Book Description
The authors provide practical information that can be used by all construction industry professionals, as well as detailed analyses of California construction law-both as codified in the statutes & as expressed by California courts. The topics in the book are organized in the same manner as they would actually arise in a construction project. First, it deals with pre-construction issues-licensing, bidding, & the formation of the construction contract. Then it discusses what happens when things go wrong-breach of contract by the owner and/or the contractor. An in-depth analysis is provided with regard to claims involving delay, disruption, & acceleration. Several chapters are then devoted to statutory remedies-mechanics' liens, stop notices, & bonds both on public & private works. Finally, coverage is provided on other issues & subjects involving the construction industry, including expanding liability, construction defect issues, bankruptcy, & alternative dispute resolution.
Author: Scott C. Turner
Publisher: McGraw-Hill Companies
ISBN: 9780071722414
Category : Construction industry
Languages : en
Pages : 627
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Book Description
Author: Stephen D. Palley
Publisher: American Bar Association
ISBN: 9781616328603
Category : Law
Languages : en
Pages : 0
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Book Description
The intersection between construction and insurance is an often overlooked, but essential consideration. This important resource is a perfect practice handbook for construction lawyers, written by practitioners with considerable expertise in both construction and insurance. This practical book provides overviews of individual construction insurance topic areas in each chapter, chosen because of their relevance to construction lawyers.
Author: Jürg Künzle
Publisher: Kluwer Law International B.V.
ISBN: 9403519940
Category : Law
Languages : en
Pages : 254
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Book Description
International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.
Author: Stephen C. Hall
Publisher: John Wiley & Sons
ISBN: 1119166608
Category : Law
Languages : en
Pages : 196
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Book Description
Provides tools and techniques required to research and prepare a contractual construction claim This book guides readers through the techniques and approach for properly preparing a construction contract claim and seeing it through. It teaches them how to gather all the facts in order to present arguments concisely, clearly, and forcefully. It focuses on the practical issues of how to research and present a contract claim—whether it be for additional time, prolongation costs, disruption, or revised rates and prices for work due to some changed circumstance affecting construction. Aimed at those who need to prepare a claim, but just as helpful to those defending one, Preparing Construction Claims offers chapter coverage on everything about planning and programming—the methods for assessing them, as well as regular and computerized techniques. The book covers time chainage/line of balance; bar charts, common sense evaluation techniques; and relevant clauses that all contracts contain. Readers will learn about standard forms and common deviations and modifications made by employers. They’ll also be taught how to establish the entitlement to make a claim from the contract and then shown what to do next. In addition, the book teaches them what to do when their records are insufficient; how to resolve a dispute; and much more. A clear and comprehensive, step-by-step guidebook for researching and preparing contractual construction claims Includes worked examples of certain types of claims to help readers comprehend the process Beneficial to both sides of a claim—teaching each how they should approach one Preparing Construction Claims is an essential “how to” manual for contractors, subcontractors, and consultants worldwide dealing with all manner of construction disputes and claims preparation.
Author: Robert A. Rubin
Publisher: John Wiley & Sons
ISBN: 9780471348634
Category : Technology & Engineering
Languages : en
Pages : 424
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Book Description
Praise for the Second Edition . . . "A basic, how-to guide . . . for all those involved in the construction industry."--The Construction Lawyer "This book is indispensable for any contractor who, against his better judgment, bids a fixed price contract . . . highly recommended."--David S. Thaler, The Daily Record "Particularly useful to the construction contractor [and] also instructive to owners and design professionals."--Journal of Performance of Constructed Facilities "Practical advice on how to prevent a dispute--from the moment that the contract preparation begins through performance by the contractor and administration by the owner."--Concrete International Over two successful editions, Construction Claims has become the sourcebook of choice on the subject for construction professionals from all areas of the industry. Now extensively updated, the Third Edition includes new material on design/build implications for construction; dispute review boards and their proper use; partnering to avoid disputes; and federal and relevant state environmental regulations. Written by a prestigious and experienced author team, it uses an accessible, step-by-step approach that follows the contracting process from start to finish, with detailed coverage of provisions of the law, "red flag" contract clauses, and documentation issues and procedures. It also addresses the key aspects of prosecuting and defending claims, from claims presentation to formal dispute resolution. Complete with dozens of new forms and checklists, plus case histories, mini-cases, and more, this edition is an essential resource for anyone involved in construction and the law.
Author: Cyril Chern
Publisher: Taylor & Francis
ISBN: 0429648685
Category : Law
Languages : en
Pages : 1003
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Book Description
Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.
Author: Robert F. Cushman
Publisher: Wolters Kluwer
ISBN: 0735514453
Category : Law
Languages : en
Pages : 666
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Book Description
The most useful, definitive resource available on every aspect of construction claims, including: how to present the claims how to calculate and prove the amount of damages sustained and how to prove liability It even covers the clauses that should be in every construction contract. You'll get comprehensive coverage of all the important issues -- delay claims, differing site conditions claims, claims for lost profit, international claims, and much more. Includes a variety of winning strategies, practice tips, and helpful checklists to minimize damages and maximize collectability.
Author: Barry B. Bramble
Publisher: Aspen Publishers
ISBN: 9780735505483
Category : Law
Languages : en
Pages : 1720
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Book Description
Contracts can be your first line of defense against delays. But they have to be drafted very carefully. Construction Delay Claims gives you an in-depth analysis of all the pertinent clauses and details what they can and can’t do to minimize delays and avoid litigation. Construction Delay Claims, Third Edition, by Barry B. Bramble and Michael T. Callahan is written for everyone involved with delay and impact construction claims—the most common form of disputes in the construction industry. You’ll find that this resource presents the most thorough, detailed review of delay claims liability available, including a complete description of the entire process for filing and pursuing claims along with more than 1,950 cases and analyses. Construction Delay Claims gives you the information you need to determine your best course of action. The book presents detailed knowledge drawn from the authors’ thirty-five years of experience in the industry. You’ll learn how to anticipate delays and mitigate damages through the use of advanced planning and immediate responses by the parties involved. You’ll also receive helpful instructions about the best use of construction schedules to avert delays, or to prove their impact if they do occur. Construction Delay Claims keeps you completely up-to-date with the changes in the construction industry, And The construction litigation process. Coverage includes: Effective ways to challenge a claimant’s use of the Total Cost Method of Calculation The effectiveness of “no damages for delay” clauses The use of ADR methods to resolve delay claims The meaning and implication of concurrent delays Cumulative impact effect of multiple change orders The impact and probability of delays in design-build, construction management, and multiple prime contracting Latest research into the effect and measurement of lost productivity The most recent assessments of how states are applying the Eichleay formula
Author: NEAL J. SWEENEY
Publisher: Aspen Publishers
ISBN: 9781543836332
Category :
Languages : en
Pages : 682
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Book Description
The 2021 Construction Law Update provides current coverage of legal issues that have a practical impact on the day-to-day functioning of the very dynamic processes in a dynamic industry, that is, construction.
