Building Contract Claims And Disputes
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| Author | : Robert Fenwick Elliott |
| Publisher | : |
| Total Pages | : 356 |
| Release | : 1997 |
| Genre | : Buildings |
| ISBN | : 9780752003986 |
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.
| Author | : Nicholas J. Carnell |
| Publisher | : John Wiley & Sons |
| Total Pages | : 320 |
| Release | : 2008-08-06 |
| Genre | : Technology & Engineering |
| ISBN | : 0470759348 |
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.
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 68 |
| Release | : 2007-10-09 |
| Genre | : Technology & Engineering |
| ISBN | : 030917998X |
The National Academy of Construction (NAC) has determined that disputes, and their accompanying inefficiencies and costs, constitute a significant problem for the industry. In 2002, the NAC assessed the industry's progress in attacking this problem and determined that although the tools, techniques, and processes for preventing and efficiently resolving disputes are already in place, they are not being widely used. In 2003, the NAC helped to persuade the Center for Construction Industry Studies (CCIS) at the University of Texas and the Alfred P. Sloan Foundation to finance and conduct empirical research to develop accurate information about the relative transaction costs of various forms of dispute resolution. In 2004 the NAC teamed with the Federal Facilities Council (FFC) of the National Research Council to sponsor the "Government/Industry Forum on Reducing Construction Costs: Uses of Best Dispute Resolution Practices by Project Owners." The forum was held on September 23, 2004, at the National Academy of Sciences in Washington, D.C. Speakers and panelists at the forum addressed several topics. Reducing Construction Costs addresses topics such as the root causes of disputes and the impact of disputes on project costs and the economics of the construction industry. A second topic addressed was dispute resolution tools and techniques for preventing, managing, and resolving construction- related disputes. This report documents examples of successful uses of dispute resolution tools and techniques on some high-profile projects, and also provides ways to encourage greater use of dispute resolution tools throughout the industry. This report addresses steps that owners of construction projects (who have the greatest ability to influence how their projects are conducted) should take in order to make their projects more successful.
| Author | : Reg Thomas |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 320 |
| Release | : 2020-10-16 |
| Genre | : Law |
| ISBN | : 1137520388 |
Now in its fourth edition, this textbook confronts many of the major problems which can arise in claims situations. It employs a systematic approach and is supported by extensive reference to UK and international case law. The negotiation and settlement of claims is an essential – but often overlooked – element of the construction industry, and this troubleshooting guide can help construction professionals, students and contractors to protect themselves against costly claims. Helpful explanatory diagrams make this book an indispensable resource for tackling various types of claims both in the UK and internationally. This text is the essential guide for construction professionals, contractors, undergraduate and postgraduate students alike. It will save professionals and contractors time and money and will prepare students for the reality of the construction industry. New to this Edition: - Chapter 1 revised to limit historical material and allow space for comment on the development of construction law, particularly in the field of extensions of time and 'time at large' - Includes expanded and clarified sections forming new individual chapters on claims for time and claims for money - Updated with the results of recent landmark rulings in cases such as Walter Lilly & Company Limited v. Giles Patrick Cyril Mackay & another and Osbrascon Huarte Lain SA v. Her Majesty's Attorney General for Gibraltar
| Author | : Dennis F. Turner |
| Publisher | : Routledge |
| Total Pages | : 730 |
| Release | : 2014-06-11 |
| Genre | : Law |
| ISBN | : 1317888944 |
The second edition of Building Contract Claims and Disputes (first published as Building Contract Disputes) provides a study of the causes of contractual disputes, particularly of claims in construction projects and of how they can be resolved successfully. It examines contracts, decisions, documentation and project operation from the points of view of clients, contractors, subcontractors and professional advisers. Readers in practice will find this book an invaluable and comprehensive reference. Those taking professional examinations or degree and postgraduate courses will also benefit greatly from it. The book explains the background, preparation and settlement of claims, with negotiation and dispute resolution from mediation to adjudication, arbitration and legal proceedings. The interrelations of variations, extension of time and loss and expense are considered. Three specially structured case studies of construction projects illustrate and apply the principles to detailed practical situations. This edition deals with a considerably expanded range of contracts, including JCT, GC/Works/1, design and build, minor works, ICE and innovative NEC. It covers recent legal rulings and changes in the law and contract forms, as well as parts of the Housing Grants, Construction and Regeneration Act 1996 and the Arbitration Act 1996.
| Author | : Andy Hewitt |
| Publisher | : John Wiley & Sons |
| Total Pages | : 216 |
| Release | : 2016-03-22 |
| Genre | : Law |
| ISBN | : 1119151880 |
A practical, step-by-step guide on how to prepare and respond to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up a fully detailed claim submission. It includes advice on: Contract administration for claims and claims avoidance. Identifying the various types of claim. The key points for an effective claim or response document. The essential elements to be included in a claim or response. Extension of time claims. Claims for additional payment. Principles of delay analysis. Quantum calculations. Responses and determinations to achieve agreement and avoid disputes. A note on dispute boards. The advice given in the book is supported by worked examples of typical claims and responses with sample wording. The book includes a foreword by Roger Knowles, who has this to say: “The book is without a doubt fully comprehensive and goes though the preparation of a claim from A to Z. I have no hesitation in recommending it to students, beginners, those involved on a day-to-day basis with time and cost on projects, as well as the seasoned claims consultants”. This book is suitable for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects. A practical, step-by-step guide on how to prepare and respond to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up a fully detailed claim submission. It includes advice on: Contract administration for claims and claims avoidance. Identifying the various types of claim. The key points for an
| Author | : Dennis F. Turner |
| Publisher | : Routledge |
| Total Pages | : 624 |
| Release | : 2014-06-11 |
| Genre | : Law |
| ISBN | : 1317888952 |
The second edition of Building Contract Claims and Disputes (first published as Building Contract Disputes) provides a study of the causes of contractual disputes, particularly of claims in construction projects and of how they can be resolved successfully. It examines contracts, decisions, documentation and project operation from the points of view of clients, contractors, subcontractors and professional advisers. Readers in practice will find this book an invaluable and comprehensive reference. Those taking professional examinations or degree and postgraduate courses will also benefit greatly from it. The book explains the background, preparation and settlement of claims, with negotiation and dispute resolution from mediation to adjudication, arbitration and legal proceedings. The interrelations of variations, extension of time and loss and expense are considered. Three specially structured case studies of construction projects illustrate and apply the principles to detailed practical situations. This edition deals with a considerably expanded range of contracts, including JCT, GC/Works/1, design and build, minor works, ICE and innovative NEC. It covers recent legal rulings and changes in the law and contract forms, as well as parts of the Housing Grants, Construction and Regeneration Act 1996 and the Arbitration Act 1996.
| Author | : Kit Werremeyer |
| Publisher | : John Wiley & Sons |
| Total Pages | : 390 |
| Release | : 2023-07-19 |
| Genre | : Law |
| ISBN | : 1394150202 |
Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.
| Author | : Akhtar Surahyo |
| Publisher | : Springer |
| Total Pages | : 259 |
| Release | : 2017-10-18 |
| Genre | : Technology & Engineering |
| ISBN | : 3319666851 |
This book provides an overall understanding of construction contracts, explaining a range of topics with in-depth examples, allowing engineers, site managers, architects, contractors, and other construction professionals in search of information on construction contracts to find it in one place. The volume further serves as a learning tool and a reference guide for students and instructors. Adopting a primarily Canadian perspective, the book provides references from two Standard Contract Documents CCDC (Canadian Construction Document Committee) and FIDIC (International Federation of Consulting Engineers) and briefly describes other major contract documents used within USA and UK construction industries.
| Author | : Paul Netscher |
| Publisher | : Createspace Independent Publishing Platform |
| Total Pages | : 0 |
| Release | : 2016-09-12 |
| Genre | : Architecture, Domestic |
| ISBN | : 9781537086323 |
Most construction projects have changes, variations and delays. Due to insufficient knowledge contractors often don't claim their time and costs resulting from these events, or, their claims end in protracted and expensive legal battles.This easy to read book demystifies the claims processes ensuring entitlements are claimed. Learn when you can claim, how to make claims compelling, and the supporting documentation required to win. Your eyes will be opened to numerous events, costs and impacts. Knowing some of these tips could dramatically improve profits and avoid time consuming acrimonious disputes.Also included is advice for contractors to avoid and defend claims from employers and subcontractors.Ensure you're granted the time and costs you are entitled to by submitting winning claims.
