Recommended Contract Practices for Underground Construction, Second Edition

Recommended Contract Practices for Underground Construction, Second Edition PDF Author: Sarah H. Wilson
Publisher: Society for Mining, Metallurgy & Exploration
ISBN: 0873354591
Category : Technology & Engineering
Languages : en
Pages : 233

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Book Description
A successful underground project is one where relationships are strong, the objectives as understood by each party are met or exceeded, and the work product serves its stakeholders and is maintainable in a way that fits with the project vision. High-level metrics for project success relate to safety, quality, schedule, and budget. The first edition of Recommended Contract Practices for Underground Construction has become a valued resource for the underground industry, serving as a concise guide for drafting and implementation of contract provisions. It provided improvements to underground contracting practices during all project stages. It also presented clear roles and responsibilities for project participants to promote better contracts. This second edition was undertaken by the UCA of SME because the industry has undergone numerous changes over the last decade. Changes in tunneling technology, more common use of design-build as a contracting mechanism, and many lessons learned have sparked some creative contract approaches. The recommendations contained in this edition are intended to guide owners and their engineers in developing and administering contracts and to give contractors a better understanding of the rationale behind contract provisions. The goal is that more underground projects in this country can be best projects, where improved relationships and fair contracts enable all project participants to personally invest in cost-effective, profitable projects, ensuring the continued health of the underground industry.

Recommended Contract Practices for Underground Construction, Second Edition

Recommended Contract Practices for Underground Construction, Second Edition PDF Author: Sarah H. Wilson
Publisher: Society for Mining, Metallurgy & Exploration
ISBN: 0873354591
Category : Technology & Engineering
Languages : en
Pages : 233

Get Book Here

Book Description
A successful underground project is one where relationships are strong, the objectives as understood by each party are met or exceeded, and the work product serves its stakeholders and is maintainable in a way that fits with the project vision. High-level metrics for project success relate to safety, quality, schedule, and budget. The first edition of Recommended Contract Practices for Underground Construction has become a valued resource for the underground industry, serving as a concise guide for drafting and implementation of contract provisions. It provided improvements to underground contracting practices during all project stages. It also presented clear roles and responsibilities for project participants to promote better contracts. This second edition was undertaken by the UCA of SME because the industry has undergone numerous changes over the last decade. Changes in tunneling technology, more common use of design-build as a contracting mechanism, and many lessons learned have sparked some creative contract approaches. The recommendations contained in this edition are intended to guide owners and their engineers in developing and administering contracts and to give contractors a better understanding of the rationale behind contract provisions. The goal is that more underground projects in this country can be best projects, where improved relationships and fair contracts enable all project participants to personally invest in cost-effective, profitable projects, ensuring the continued health of the underground industry.

Recommended Contract Practices for Underground Construction

Recommended Contract Practices for Underground Construction PDF Author: William W. Edgerton
Publisher: SME
ISBN: 9780873352628
Category : Law
Languages : en
Pages : 160

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Book Description
Underground construction is more complex than ever. Demand for space is increasing, new technologies are constantly evolving, and more stakeholders are asserting influence. Yet one of the most challenging and frustrating characteristics of underground construction remains: often, contract language does not account for the unique nature of building underground. Recommended Contract Practices for Underground Construction is the first industry-wide effort to improve contract procedures in more than 30 years. Commissioned by the Underground Construction Association of the Society for Mining, Metallurgy, and Exploration, this manual is an indispensable resource for contractors, consultants, suppliers, and owners anticipating underground projects. The authors suggest better practices during all stages of a project, when decisions are made that can affect the contract positively or negatively. Part one focuses on the practices and disciplines that build the foundation for effective contracts during the early phases of a project. Part two discusses best practices for contract provisions, payment mechanisms, and dispute resolution. By following these recommendations, you'll reduce the mistrust and costly disputes that often arise from the contract process. The result will be improved relationships, better contracts, and, most importantly, projects that are most cost-effective for owners and more profitable for contractors.

Practical Guide to Rock Tunneling

Practical Guide to Rock Tunneling PDF Author: Dean Brox
Publisher: CRC Press
ISBN: 1351808672
Category : Technology & Engineering
Languages : en
Pages : 345

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Book Description
This Practical Guide to Rock Tunneling fills an important void in the literature for a practical guide to the design and construction of tunnels in rock. Practical Guide to Rock Tunneling takes the reader through all the critical steps of the design and construction for rock tunnels starting from geotechnical site investigations through to construction supervision. The guide provides suggestions and recommendations for practitioners on special topics of laboratory testing, durability of rock and acceptance for unlined water conveyance tunnels, overstressing or deep and long tunnels, risk-based evaluation of excavation methods, contract strategies, and post-construction inspections. Key considerations and lessons learned from selected case projects are presented based on the author’s extensive international experience of over 30 years and 1000 km of tunneling for civil, hydropower, and mining infrastructure, including some of the most recognized projects in the world to date. Instead of revisiting all theory and concepts that can be found in other sources, this book contains the hard learned lessons from the author’s experience in the field of Rock Tunneling, gathered over 30 years of service.

The FIDIC Red Book Contract

The FIDIC Red Book Contract PDF Author: Christopher Seppälä
Publisher: Kluwer Law International B.V.
ISBN: 9403520639
Category : Law
Languages : en
Pages : 1073

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Book Description
Conditions of Contract for Construction – known universally as the Red Book – published by the International Federation of Consulting Engineers (known by its French acronym FIDIC) is the most widely used standard form of international construction contract. This book is a detailed commentary on the 2022 reprint of the 2017 FIDIC Red Book. For each of the Red Book’s 168 Sub-Clauses the commentary: identifies changes from the 1999 edition; analyses the meaning and significance of the Sub-Clause and lists related Sub-Clauses; describes related international arbitration awards, national court decisions and legal principles; and, where appropriate, proposes amendments to improve the Sub-Clause. As the FIDIC Yellow and Silver Books are very similar to the Red Book, much of the commentary is equally applicable to those forms of contract. The author is a FIDIC ‘insider’ having served for more than thirty years as Legal/Special Adviser to, or Member of, the FIDIC Contracts Committee which is responsible for preparing FIDIC’s contracts. This book is an indispensable resource for all parties called on to work with a FIDIC contract. With guidance for every stage of a construction project, whether in drafting, negotiating, performing, interpreting, or administering a FIDIC contract, the book’s easy-to-use structure includes such issues and topics as the following: introduction to FIDIC and its contracts and to publications of FIDIC and others relevant to the Red Book including the 2022 FIDIC Contracts Guide; critical examination of each Sub-Clause and advice for amending the same in order to better adapt it to the interests of each party (the Employer or the Contractor); special attention to each Sub-Clause relating to the Contractor’s and the Employer’s claims and claims procedure and to how to assert claims effectively, as well as to time bars and other pitfalls and how they may be overcome; detailed examination of Sub-Clauses relating to the referral of issues or disputes to the Dispute Avoidance/Adjudication Board and, if necessary, to international arbitration, and optimal strategies for doing so; discussion of the changes required to the 2017 Red Book by The World Bank’s Conditions of Particular Application (‘COPA’); reference, where appropriate, to the UNIDROIT Principles of International Commercial Contracts and trade usages; comprehensive discussion of practical issues that arise under common law, civil law and international legal principles, especially when a contract is with a state or public body; comparison of common law and civil law methods of contract interpretation and a suggested practical approach to interpretation given a FIDIC contract’s international arbitration clause; and overcoming problems that can arise when a contract is governed by the law of a less-developed country. Legal and technical terms are clearly defined, and numerous figures and tables are included to illustrate steps in contract procedures. Detailed attention is paid to terminological distinctions among the various legal traditions, including a comparison of British-English and American-English construction contract terms. Unquestionably the most detailed and thorough commentary ever published on the FIDIC Red Book, this highly practical work enables preparers of FIDIC contracts to amend and adapt the Red Book’s provisions to a particular project. Dispute adjudicators, arbitrators, and judges will welcome the book’s authoritative guidance on interpreting the provisions of a FIDIC contract, and engineers and other construction professionals involved in contract administration will appreciate the book’s many practical features.

Design-build Subsurface Projects

Design-build Subsurface Projects PDF Author: Gary S. Brierley
Publisher: SME
ISBN: 0873353218
Category : Technology & Engineering
Languages : en
Pages : 230

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Book Description
Design-Build construction has become so widely accepted that owners and their advisors must seriously consider this approach when making decisions about project delivery. With its opportunities for cost containment and substantial risk transfer, Design-Build is increasingly becoming the delivery method of choice for owners with challenging funding limitations. But deciding to use the Design-Build system for underground projects is one thing; successfully implementing it is quite another. Design-Build Subsurface Projects, Second Edition, can help bridge that gap. First published in 2002, this cutting-edge book provides a straightforward, comprehensive look at how to make Design-Build work on complicated projects involving tunnels, highways, dams, and deep foundations. The authors are a "who's who" of subsurface construction experts, many of whom are key players in the most high-profile and challenging projects in the world. Drawing upon their wealth of practical experience, they spell out a list of common sense best practices that can be used by today's project owners and designers. Be advised: these authors don't shy away from the many thorny issues of Design-Build. Nor are they unabashed cheerleaders. They dispassionately explore both the advantages and disadvantages of this system, which must be carefully weighed and evaluated so planners can decide what is best for their projects based on all the important variables, including third-party impacts and environmental/community concerns. You'll find extensive information about procurement, as well as risk allocation issues, which are significantly different from the Design-Bid-Build approach. Team structure, agreements, design development, subsurface exploration, geotechnical reports, construction phase issues, and insurance are also examined in great detail. Design-Build Subsurface Projects is an indispensable resource for owners, engineers, construction managers, contractors, and others involved in the design and construction of subsurface projects. You'll gain a thorough understanding of how and why the system works and where the pitfalls can arise. The authors' years of experience will benefit even the most seasoned of practitioners.

North American Tunneling 2018 Proceedings

North American Tunneling 2018 Proceedings PDF Author: Alan Howard
Publisher: Society for Mining, Metallurgy & Exploration
ISBN: 0873354664
Category : Technology & Engineering
Languages : en
Pages : 1158

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Book Description
Your timely source for more cost-effective and less disruptive solutions to your underground infrastructure needs. The North American Tunneling Conference is the premier biennial tunneling event for North America, bringing together the brightest, most resourceful, and innovative minds in the tunneling industry. It underscores the important role that the industry plays in the development of underground spaces, transportation and conveyance systems, and other forms of sustainable underground infrastructure. With every conference, the number of attendees and breadth of topics grow. The authors—experts and leaders in the industry—share the latest case histories, expertise, lessons learned, and real-world applications from around the globe. Crafted from a collection of 126 papers presented at the conference, this book takes you deep inside the projects. It includes challenging design issues, fresh approaches on performance, future projects, and industry trends as well as ground movement and support, structure analysis, risk and cost management, rock tunnels, caverns and shafts, TBM technology, and water and wastewater conveyance.

Tunnels and Underground Cities. Engineering and Innovation Meet Archaeology, Architecture and Art

Tunnels and Underground Cities. Engineering and Innovation Meet Archaeology, Architecture and Art PDF Author: Daniele Peila
Publisher: CRC Press
ISBN: 1000175413
Category : Technology & Engineering
Languages : en
Pages : 341

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Book Description
Tunnels and Underground Cities: Engineering and Innovation meet Archaeology, Architecture and Art. Volume 8: Public Communication and Awareness / Risk Management, Contracts and Financial Aspects contains the contributions presented in the eponymous Technical Sessions during the World Tunnel Congress 2019 (Naples, Italy, 3-9 May 2019). The use of underground space is continuing to grow, due to global urbanization, public demand for efficient transportation, and energy saving, production and distribution. The growing need for space at ground level, along with its continuous value increase and the challenges of energy saving and achieving sustainable development objectives, demand greater and better use of the underground space to ensure that it supports sustainable, resilient and more liveable cities. The contributions cover a wide range of topics, and is a valuable reference text for tunnelling specialists, owners, engineers, archaeologists, architects, policy makers, decision takers and others involved in underground planning, design and building around the world, and for academics who are interested in underground constructions and geotechnics.

International Construction Contract Law

International Construction Contract Law PDF Author: Lukas Klee
Publisher: John Wiley & Sons
ISBN: 1119430526
Category : Law
Languages : en
Pages : 893

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Book Description
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.

Taming the Guerrilla in International Commercial Arbitration

Taming the Guerrilla in International Commercial Arbitration PDF Author: Navin G. Ahuja
Publisher: Springer Nature
ISBN: 9811900752
Category : Law
Languages : en
Pages : 336

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Book Description
The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed (pre-Covid and during Covid times) and portrays them in a way that enables one to visualise how, and possibly why, they might be deployed. Attempts to codify ethical standards and rules regulating the behaviour of legal representatives in international arbitration are examined. The book covers a range of culture clashes, addresses several elephants in the room, and looks at factors inherent in the arbitral process that create opportunities and increase temptations to misbehave. It considers the remedies and sanctions available in international arbitration and compares them to those available to the courts in civil litigation. In addition to recommendations for future research, the book offers solutions to curb the problem in line with party autonomy and with a critical analysis. “This manuscript is an essential solutions-based text that not only addresses a comprehensive range of modern-day guerrilla tactics in international commercial arbitration but also offers thoughtful methods to deal with the shenanigans that parties may bring to the arbitral process.” - Chiann Bao, Independent Arbitrator, Arbitration Chambers and Vice President of the International Chamber of Commerce, Court of Arbitration “Dr. Ahuja’s book is a thoughtful and highly practical contribution to the study of procedures in international commercial arbitration. It is replete with scholarly analysis, careful treatment of authority, pragmatic insights and policy discussions. Any practitioner or student of international arbitration would benefit from this volume.” - Gary Born, Author, International Commercial Arbitration (3d ed. 2021) “A highly readable and informative book which identifies and analyses the numerous guerrilla tactics parties may attempt to deploy in international commercial arbitration, the factors which may encourage such behaviour, and practical mechanisms to keep the proceedings on track. Both erudite and practical, this book is a must-read for parties, counsel and arbitrators alike.” - Prof. Benjamin Hughes, Independent Arbitrator, The Arbitration Chambers “Guerrilla tactics are a pertinent problem in arbitration. Dr. Ahuja’s well written book not only describes the various tactics in a succinct way but provides extremely useful guidance on how to tackle them. It will be a primary source of reference for every practitioner faced with such tactics.” - Prof. Dr. Stefan Kröll, Chairman of the Board of Directors of the German Arbitration Institute (DIS) “Taming the Guerrilla in International Commercial Arbitration offers a refreshingly candid and balanced discussion of ‘sharp practices’ in international arbitration. The book collects a wealth of information on guerrilla tactics previously only available in separate survey reports, articles, and guidelines on the topic. It additionally includes a chapter addressing tactics deployed in virtual or remote arbitrations due to the Covid-19 pandemic. The comprehensive research and analysis presented in this book make it a valuable resource to counsel, parties, arbitrators, academics, and those who deliver practical arbitration training. A must-read for those who want to better understand the practices that may lead some to disfavor arbitration and ways the arbitration community can respond to guerrilla tactics to improve the arbitration process for all participants.” - Dana MacGrath, Independent Arbitrator, MacGrath Arbitration “From an unreasoned fiat of a wise man who left both sides equally unhappy but resolved the disputes effectively, arbitration has evolved into a full-scale trial before a party chosen tribunal. Its informality and expedition puts in peril the fundamental right of the recalcitrant to delay proceedings. Dr. Ahuja has assiduously articulated the measures, aptly christened Guerrilla Tactics, used to disrupt and derail arbitrations. An indispensable read for the practitioner and an insightful treatise for the policy maker.” - Harish Salve SA QC, Blackstone Chambers “This book shines a spotlight on arbitration’s dark arts - guerrilla tactics. Dr Ahuja illuminates this shadowy world with excellent (and much needed) scholarship that is practice-based and useful for all stakeholders in arbitration. His examination of the root causes of this problem, recommendations on how to control it, comparisons with litigation practice and suggestions for future research marvellously combine to make this a work that is required to be consulted by all serious counsel, arbitrators, institutions and academics in the field of arbitration.” - Romesh Weeramantry, Head, International Dispute Resolution, Centre for International Law, National University of Singapore

FIDIC Contracts in the Americas

FIDIC Contracts in the Americas PDF Author: Donald Charrett
Publisher: Taylor & Francis
ISBN: 1000902463
Category : Law
Languages : en
Pages : 294

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Book Description
FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC may need to be supplemented by Particular Conditions that specify the specific requirements of that project and jurisdiction. FIDIC Contracts in the Americas: A Practical Guide to Application provides readers with an overview of the legal environment, the construction industry and features of contract law applying to construction contracts in a number of jurisdictions in the Americas. It provides detailed guidance for the preparation of the Particular Conditions for FIDIC contracts that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract. This book also details the impact of COVID-19 on both the execution of construction projects and the operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.