Construction Contract Claims

Construction Contract Claims
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

Practical Guide to Construction Contract Surety Claims

Practical Guide to Construction Contract Surety Claims
Author: William Schwartzkopf
Publisher: Wolters Kluwer
Total Pages: 1006
Release: 2005-01-01
Genre: Law
ISBN: 0735552630

Practical Guide to Construction Contract Surety Claims, Second Edition provides clear guidance on the methods, procedures and case law surrounding the surety process. Whether you represent the surety, principal, or obligee, this one-of-a-kind reference will provide you with the indispensable, practical guidance and reliable tools you need to manage the surety process. Practical Guide to Construction Contract Surety Claims, Second Edition is logically organized around the various types of bonds - payment bond, bid bond, performance bond - as well as the claims that are asserted against those bonds, and the methods of investigation and resolution of those claims. It covers in detail the surety's options for resolving performance bond claims, including: Tender Completion by the obligee Completion by surety Financing the principal This book also addresses matters that affect the claims handling process, such as: Bankruptcy of the principal Claims for extra-contractual damages Claims by the surety against the principal Indemnity for losses sustained by the surety The interrelationship of the surety and the insurance carriers for the construction project Valuable analysis of case law is included within the discussion of each topic, and the relevant facts of key cases are highlighted where applicable. Bonus Interactive CD-ROM Includes All Forms and Documents This unique CD-ROM contains nearly 150 forms, such as sample agreements and correspondence among the parties, providing the guidance you need to act quickly and protect your client's interests in any situation.

Building Contract Claims

Building Contract Claims
Author: David Chappell
Publisher: John Wiley & Sons
Total Pages: 568
Release: 2008-04-15
Genre: Technology & Engineering
ISBN: 140514808X

Many building contract claims are ill-founded, often because thebasic principles are misunderstood. This highly regarded bookexamines the legal basis of claims for additional payment, and whatcan and cannot be claimed under the main forms of contract. Itincludes chapters dealing with direct loss and expense, liquidateddamages, extension of time, concurrency, acceleration, time atlarge, common law and contractual claims, global claims, heads ofclaim and their substantiation. The new fourth edition has been substantially restructured andupdated. Nearly 100 additional cases have been added as well asfour new contracts : the JCT Construction Management and MajorProject contracts, the JCT Standard Form of Domestic Subcontract,and the Engineering and Construction Contract (the NEC Form). Thebook continues to use the JCT Standard Form (JCT 98) as the basisof the text, with important differences highlighted in the otherforms. Seventeen forms are dealt with and they have all beenupdated since the last edition of this book. This new edition is essential reading for architects, contractadministrators, project managers and quantity surveyors. It willalso be invaluable to contractors, contracts consultants andconstruction lawyers. David Chappell BA(Hons Arch), MA(Arch), MA(Law), PhD, RIBA has 45years' experience in the construction industry, having worked as anarchitect in public and private sectors, as contracts administratorfor a building contractor, as a lecturer in construction law andcontract procedures and for the last fifteen years as aconstruction contract consultant. He is currently the Director ofDavid Chappell Consultancy Limited and frequently acts as anadjudicator. He is Senior Research Fellow and Professor inArchitectural Practice and Management Research at the Queen'sUniversity, Belfast. He was appointed Visiting Professor inPractice Management and Law at the University of Central England inBirmingham from 1 March 2003. David Chappell is the author of manyarticles and books for the construction industry. He is one of theRIBA Specialist Advisors and lectures widely. Vincent Powell-Smith LLM, DLitt, FCIArb was a practising arbitratorand formerly Professor of Law at the University of Malaya and theInternational Islamic University, Malaysia. He was author of manybooks on construction law. John Sims FRICS, FCIArb, MAE, FRSA is a chartered quantity surveyornow practising as a consultant, arbitrator, adjudicator andmediator in construction disputes. He is author of a number ofbooks on building contracts and arbitration. Also of interest Building Contract Dictionary Third Edition David Chappell, Derek Marshall, Vincent Powell-Smith & SimonCavender 0 632 03964 7 The JCT Minor Works Form of Contract Third Edition David Chappell 1 4051 1523 8 Parris's Standard Form of Building Contract Third Edition David Chappell 0 632 02195 0 The JCT Major Project Form Neil F. Jones 1 4051 1297 2 Evaluating Contract Claims R. Peter Davison 1 4051 0636 0 Construction Adjudication Second Edition John L. Riches & Christopher Dancaster 1 4051 0635 2 The Arbitration Act 1996 A Commentary Third Edition Bruce Harris, Rowan Planterose & Jonathan Tecks 1 4051 1100 3 In preparation The NEC and JCT Contracts Compared Deborah Brown 1 4051 1823 7 Cover design by Workhaus

Reducing Construction Costs

Reducing Construction Costs
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.

Construction Claims

Construction Claims
Author: Robert A. Rubin
Publisher: Springer Science & Business Media
Total Pages: 332
Release: 1992-09-30
Genre: Law
ISBN: 9780442004415

Construction Claims is an important resource professionals can turn to when looking for information on how to avoid, negociate, prosecute, document, and defend construction claims. Written for the contractor rather than the attorney, this book includes information on program management, turnkey contracting, mini-trials, and environmental issues such as hazardous materials. Special features of this book include standard contract forms, case histories, sample forms, and charts that address any contract situation.

Proving and Pricing Construction Claims

Proving and Pricing Construction Claims
Author: Robert F. Cushman
Publisher: Wolters Kluwer
Total Pages: 666
Release: 2000-12-01
Genre: Law
ISBN: 0735514453

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.

Resolution of Disputes to Avoid Construction Claims

Resolution of Disputes to Avoid Construction Claims
Author: Barry B. Bramble
Publisher: Transportation Research Board
Total Pages: 52
Release: 1995
Genre: Law
ISBN: 9780309058582

This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.

Construction Claims

Construction Claims
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.

Construction Change Order Claims

Construction Change Order Claims
Author: Michael T. Callahan
Publisher: Wolters Kluwer
Total Pages: 628
Release: 2005-01-01
Genre: Law
ISBN: 0735552371

Construction Change Order Claims brings you up-to-date with the latest methods for determining value of work or all types of projects. Commonly encountered claim issues are covered in detail, including: Surety issues Evaluating changes resulting from ambiguous specifications or inadequate design Measuring the cost impact of delays Proving the price of damages This all-in-one resource guides you through every type and aspect of change claims, offering hands-on guidance and analysis from 25 experienced practitioners. Construction Change Order Claims helps you quickly answer difficult questions such as: Is a change order on a construction project an and“extraand”and—or is it included within the scope of the basic contract price? When does an ownerand’s unintentional interference cross the line between a mere impairment or hindrance to an alteration of the contractorand’s intended methods of performance? What specific circumstances support the use of the cardinal change doctrine? What circumstances must be present to employ the Percentage of Completion accounting method? Construction Change Order Claims delivers: Innovative defenses to avoid being bound by a release Guidance for anticipating contractor defenses, and for preparing opposing arguments Practical tips and accounting tools for evaluating progress and calculating payments Federal, state and local certification requirements for public and private projects And more!