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Author: Jürg Künzle
Publisher: Kluwer Law International B.V.
ISBN: 9403519940
Category : Law
Languages : en
Pages : 265
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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: Jürg Künzle
Publisher: Kluwer Law International B.V.
ISBN: 9403519940
Category : Law
Languages : en
Pages : 265
Get Book Here
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: Mark Mawhinney
Publisher: John Wiley & Sons
ISBN: 0470680350
Category : Technology & Engineering
Languages : en
Pages : 250
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Book Description
A recent construction project in Singapore involved a Russian plant, a Japanese management team, Australian and Italian engineers, Thai steel workers and a labour force from throughout Asia ... The recent growth explosion of multi-nationals and the lowering of trade barriers is pushing the globalization of construction at a startling pace. Mark Mawhinney has brought together for the first time, advice, information and evidence on this developing arena from a wide range of sources. This book offers a clear understanding of the international construction market and an explanation of what knowledge is required to operate successfully in it. It also helps readers become familiar with some of the analytical tools available. Drawing on both contractor and consultant case studies and including a practical 'hints and signposts' section, International Construction provides a lively and informed introduction for construction professionals moving into international work.
Author: Igor Martek
Publisher: Routledge
ISBN: 1000531279
Category : Business & Economics
Languages : en
Pages : 302
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Book Description
This book tells you everything you need to know about international construction: the companies, their markets, the types of projects they build, how they compete and operate and how it affects us all. It paints a comprehensive portrait of an overlooked global business that generates a major portion of the GDP in every developed nation. As with any mature sector, countries make efforts to export their expertise, but the competition in construction is fierce, and the risks are many. Only the leanest and meanest survive. What, then, does it take to win? Most writing on construction focuses at the project-management level or even more narrowly at the level of technical performance. This book presents the big picture; it tells you what successful international construction companies do to stay in the game and thrive. The book examines international construction through three lenses. The first is theory. The body of existing knowledge on construction is here brought together, condensed and explained. The second are the actors. The companies that lead the way in global construction are showcased, and the features that make countries desirable hosts are appraised. Finally, what is it that firms actually do? This last part delves into the various strategic approaches taken by 60 construction firms in carving out and defending an overseas market niche. The insights provide guidance on how global construction companies develop competitive advantage and stay resilient in the face of a mercurial global economy. These lessons will be of interest to the student and manager alike.
Author: Wendy Kennedy Venoit
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 484
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Book Description
YA roadmap to the most important ethical considerations facing legal practitioners in multi-jurisdictional construction practice.
Author: Arjan Van Weele
Publisher: World Scientific
ISBN: 1908979518
Category : Business & Economics
Languages : en
Pages : 523
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Book Description
This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings.The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims.Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics.Though not an academic book, due to its unique blend of practitioners'' insight and academic theory, it can be taught in courses at institutes at the master level. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs both at the graduate and postgraduate level. Lawyers will find the book useful to understand the business context in which their customers and/or colleagues work.
Author: John Bennett
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 408
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Book Description
Author: Penny Brooker
Publisher: Routledge
ISBN: 1134029292
Category : Law
Languages : en
Pages : 252
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Book Description
The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts’ own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts. These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.
Author: Chris Hendrickson
Publisher: Chris Hendrickson
ISBN: 0137312660
Category : Construction industry
Languages : en
Pages : 425
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Book Description
Author: Jacob C. Jørgensen
Publisher:
ISBN: 9789041126726
Category : Breach of contract
Languages : en
Pages : 0
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Book Description
In addition, each author includes a brief description of the construction law environment in his or her country and highlights pitfalls and advantages to be aware of when dealing with a standard construction contract, such as the FIDIC Red Book, in that country.
Author: Esther Cheung
Publisher:
ISBN: 9781138233744
Category : Construction projects
Languages : en
Pages : 0
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Book Description
Over the last ten years public private partnerships have become ever more popular worldwide, expanding the body of experience among construction professionals, government agencies, and industry. In these economically challenging times, PPP has emerged as a crucial framework for providing infrastructure, and also to boost construction industry activity, while shielding the taxpayer from some of the cost. Understanding the lessons learnt is essential to ensuring the success of future projects, and this timely book will prepare the reader to do just that. Starting by defining PPP itself, part one is designed to help the novice to get to grips with the basics of this topic. Part two tackles the practicalities of PPPs, including successful implementation, managing the risks involved, and how to assess the suitability of a project for the PPP route. Part three presents detailed case studies from Asia, Africa, and Australia to illustrate how PPPs should be managed, how problems emerge, and how PPPs can differ across the world. Drawing on extensive internationally conducted research, from both industry and academia, the authors have written the essential PPP guide. Taking into consideration the perspectives of those in the public sector and the private sector, as well as built environment professionals, it is essential reading for anyone preparing to work on public private partnerships in construction.
