Limitation of Liability Clauses in Contracts for Large-scale International Projects PDF Download
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Author: Tatiana Istomina
Publisher:
ISBN: 9783346341716
Category :
Languages : en
Pages : 66
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Book Description
Master's Thesis from the year 2018 in the subject Law - European and International Law, Intellectual Properties, grade: 2,0, University of Applied Sciences Mainz (Wirtschaft), language: English, abstract: Participation in large-scale international projects (also called megaprojects) has a significant impact on multiple international parties, especially in the industrial plant construction sector. On the one hand, the participation of multiple parties can lead to higher levels of technological achievement. On the other, this participation also leads to greater risk and liabilities for parties. Contract management plays an increasingly important role in megaprojects; it is aimed at identifying and limiting risks that are typical to international industrial plant construction contracts and specific to megaprojects. However, to use these contracts optimally, it is essential to have a comprehensive overview of the main issues of liability. Nowadays, 89% of large German companies consider limitation of liability clauses to be highly important. This is why the main objective of this research was to explore knowledge and insight in regard to limitation of liability clauses. The core questions were addressed such as the important types of liability, the main types of limitation of liability clauses and the restrictions of the limitation of liability clauses. The methods applied to collect and analyze the relevant data were systematic approach, key word search, snowball system and discussions with legal experts from similar megaprojects.
Author: Tatiana Istomina
Publisher:
ISBN: 9783346341716
Category :
Languages : en
Pages : 66
Get Book Here
Book Description
Master's Thesis from the year 2018 in the subject Law - European and International Law, Intellectual Properties, grade: 2,0, University of Applied Sciences Mainz (Wirtschaft), language: English, abstract: Participation in large-scale international projects (also called megaprojects) has a significant impact on multiple international parties, especially in the industrial plant construction sector. On the one hand, the participation of multiple parties can lead to higher levels of technological achievement. On the other, this participation also leads to greater risk and liabilities for parties. Contract management plays an increasingly important role in megaprojects; it is aimed at identifying and limiting risks that are typical to international industrial plant construction contracts and specific to megaprojects. However, to use these contracts optimally, it is essential to have a comprehensive overview of the main issues of liability. Nowadays, 89% of large German companies consider limitation of liability clauses to be highly important. This is why the main objective of this research was to explore knowledge and insight in regard to limitation of liability clauses. The core questions were addressed such as the important types of liability, the main types of limitation of liability clauses and the restrictions of the limitation of liability clauses. The methods applied to collect and analyze the relevant data were systematic approach, key word search, snowball system and discussions with legal experts from similar megaprojects.
Author: Phillip Greenham
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110712784
Category : Law
Languages : en
Pages : 1315
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Book Description
This book examines how the most commonly used construction project contracts are applied in a range of countries around the world. The specific situation of each of the almost 40 countries studies is dealt with in a dedicated chapter, allowing for easy comparison between differing legal and commercial environments. Each chapter contextualizes the relevant contracts within the legal and commercial systems prevalent in a particular country and examines a number of common issues impacting construction projects around the world. This unique book will be an essential resource for construction law specialists around the world because of its focus on commonly used contracts and the contextualizing of these contracts into the legal and commercial environment of each studied country. All contributions are from practicing construction project lawyers ensuring that the quality of the information and analysis is of the highest standard.
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: Steven Baker
Publisher: Edward Elgar Publishing
ISBN: 1784710121
Category : Business & Economics
Languages : en
Pages : 466
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Book Description
IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.
Author:
Publisher: IChemE
ISBN: 9780852955116
Category : Law
Languages : en
Pages : 128
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Book Description
An international version of the existing 'Form of Contract'. Various additional clauses to meet the special requirements of international projects, they are written in a more internationally accessible and user-friendly English language and specific references to UK law have been removed.
Author: Nael G. Bunni
Publisher: John Wiley & Sons
ISBN: 1118658655
Category : Law
Languages : en
Pages : 731
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Book Description
In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.
Author: Philip Loots
Publisher: Taylor & Francis
ISBN: 042963904X
Category : Law
Languages : en
Pages : 457
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Book Description
This book provides a comprehensive overview of the key aspects and contracts involved in the process of developing oil and gas projects, with an emphasis on offshore developments. Project development in oil and gas carries with it numerous unique risks and challenges. By identifying and managing risk through the various contract stages, each stage of the project is seen in perspective and therefore gives readers a better understanding of how that stage was arrived at and what is expected to come later. To do this, the authors use illustrative international case studies from past and current projects, thereby deepening the reader’s understanding and awareness of risk from practical experience, as well as suggesting answers for those who are involved in developing oil and gas projects. The Application of Contracts in Developing Offshore Oil and Gas Projects is intended for project owners, project managers, contractors, finance managers, commercial managers and lawyers who seek to understand the subject from a practical point of view.
Author: John C. Cole
Publisher:
ISBN:
Category : Construction contracts
Languages : en
Pages : 280
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Book Description
Author: Joseph A. Huse
Publisher: Sweet & Maxwell
ISBN: 9780421674103
Category : Law
Languages : en
Pages : 1000
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Book Description
This work aims to keep criminal lawyers up to date with the latest cases and legislation, and includes longer articles analyzing current trends and important changes in the law. Drawing all aspects of the law together in one regular publication, it allows quick and easy reference
Author: Anthony Larry Steadman
Publisher:
ISBN: 9781423542407
Category : Government contractors
Languages : en
Pages : 79
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Book Description
Every contract has risks. It is the type and degree of risks that vary from contract to contract. These risks are allocated through express or implied contract terms. Courts and boards also allocate risk if the parties fail to do so or a dispute arises over allocation. Rather than pay increased end item prices to cover the cost of potential post- acceptance risk of loss, the Federal Acquisition Regulations (FAR) relieve the contractor of liability for loss of or damage to government property that occurs after acceptance resulting from defects or deficiencies in the supplies or services. In other words, the government self-insures against such post-acceptance loss or damage. For "high- value items," this self-insurance coverage includes loss of or damage to the end item itself. The FAR also calls for a corresponding decrease in the price of end items that are based on catalog or market prices, reflecting the contractor's reduced liability in providing commercial items. It has been 28 years since this self-insurance policy was first promulgated in federal government contracts. This thesis examines the assumptions underlying that policy with respect to high-value items in light of recent changes in the government procurement environment. First, in Part I, I dissect the limitation of liability clause itself to fully understand its origin and applicability. In Part II, I consider the impact of recent developments affecting post-acceptance liability. In Part III, I discuss post-acceptance liability of assembler contractors and component part manufacturers providing insight into common law principles of risk allocation in the commercial marketplace. In Part IV, I examine some of the factors that affect a contracting officer's decision to limit the liability of a contractor or subcontractor. I conclude with recommended changes intended to improve the process of procuring high-value items and allocation of post- acceptance risk of loss.
