Global Claims in Construction

Global Claims in Construction
Author: Ali Haidar
Publisher: Springer Science & Business Media
Total Pages: 295
Release: 2011-07-20
Genre: Technology & Engineering
ISBN: 0857297309

In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or proper calculation of losses. Hence, Global Claims in Construction highlights these issues as well as the importance of understanding causation, factual necessity and the courts’ attitude and approach to global claims. Global Claims in Construction addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering.

International Construction Contract Law

International Construction Contract Law
Author: Lukas Klee
Publisher: John Wiley & Sons
Total Pages: 893
Release: 2018-07-17
Genre: Law
ISBN: 1119430526

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.

Evaluating Contract Claims

Evaluating Contract Claims
Author: R. Peter Davison
Publisher: John Wiley & Sons
Total Pages: 312
Release: 2009-04-29
Genre: Technology & Engineering
ISBN: 9781444301472

Most medium to large construction contracts include a claim forextra payment for variations or disruption to the programme. Whilstthe causes of the claim are often well documented, what can andcannot be included in the payment is often misunderstood and thecalculation of quantum consequently becomes vague and poorlysubstantiated. Thoroughly updated over the previous edition, reflectingpertinent Court decisions on damages and the duty to mitigate, thenew edition covers new provisions of the revised JCT 2005 contractsand the 2005 New Engineering Contract. There is substantialadditional material on issues arising from time and delay analysisand the financial consequences of changes to time – issuesthat regularly cause real problems in the evaluation of quantum forconstruction claims. Most current books on the subject concentrate on theestablishment of liability and the requirements of individualstandard forms of contract. This book, however, concentrates on thequantification of claims after liability has been established,regardless of the form of contract used, and sets out theprinciples and methods that should be reflected in the evaluationof claim quantum and the standard of substantiation required. Itwill therefore appeal to those working with both building andengineering contracts. Reviews of the previous edition "Well written and highly informative" BuildingEngineer “His observations on the assessment of productivity andthe use of facilities and equipment are particularly helpful forlawyers, who deal with construction claims” ConstructionLaw

Using and Understanding Engineering Service and Construction Contracts

Using and Understanding Engineering Service and Construction Contracts
Author: John R. Clark
Publisher: Springer Science & Business Media
Total Pages: 314
Release: 2012-12-06
Genre: Science
ISBN: 1468473107

1. HISTORICAL BACKGROUND In the late 1950s many members of the design professions-Engineers as well as Ar chitects-became concerned about their exposure to claims for professional malprac tice and particularly about the increasing number of claims that had been successfully brought against them arising out of their Construction Phase activities. This led to special studies sponsored by the American Institute of Architects and the Engineers joint Counsel. The outcome was twofold: the development of a policy of professional liability insurance to insure Engineers and Architects against errors and omissions in the performance of their professional services, and the review and development of the customary contractual arrangements defining the design profeSSional's undertakings vis a vis his client (the Owner), the Project to be designed, and the Contractor who was to implement that design. At the outset, the AlA's Owner-Architect Agreement (No. B131), General Conditions (No. A201) and the Owner-Contractor Agreements (Nos. A101 & 111) were the documents most frequently used by design professionals, and these received particular attention. In the early 1960s it became apparent that there was a need for a separate series of documents prepared to address these relationships when the Project to be designed involved primarily engineering considerations. The number of Projects for which the Engineer was employed by the Owner as the prime professional to handle the Project design and construction administration was increasing.

Liquidated Damages and Extensions of Time

Liquidated Damages and Extensions of Time
Author: Brian Eggleston
Publisher: John Wiley & Sons
Total Pages: 408
Release: 2009-01-26
Genre: Technology & Engineering
ISBN: 9781444301632

Liquidated damages and extensions of time are complex subjects,frequently forming the basis of contract claims made under thestandard building and civil engineering contracts. Previouseditions of Liquidated Damages and Extensions of Time are highlyregarded as a guide for both construction industry professionalsand lawyers to this complex area. The law on time and damages continues to develop with an increasingflow of judgments from the courts. Alongside this, the standardforms of contract have also developed over time to reflectprevailing approaches to contractual relationships. Against thisbackground a third edition will be welcomed by constructionprofessionals and lawyers alike. Retaining the overall approach ofthe previous editions, the author clarifies, in a highly readablebut legally rigorous way, the many misunderstandings on time anddamages which abound in the construction industry. The thirdedition takes account of a large volume of new case law since theprevious edition was published over ten years ago, includes a newchapter on delay analysis and features significantly expandedchapters on penalty clauses, the effects of conditions precedentand time-bars, and the complexities of causation.

Building Contract Claims

Building Contract Claims
Author: David Chappell
Publisher: Wiley-Blackwell
Total Pages: 568
Release: 2008-10-07
Genre: Technology & Engineering
ISBN: 9781405117630

Many building contract claims are ill-founded, often because the basic principles are misunderstood. This highly regarded book examines the legal basis of claims for additional payment, and what can and cannot be claimed under the main forms of contract. It includes chapters dealing with direct loss and expense, liquidated damages, extension of time, concurrency, acceleration, time at large, common law and contractual claims, global claims, heads of claim and their substantiation. The new fourth edition has been substantially restructured and updated. Nearly 100 additional cases have been added as well as four new contracts : the JCT Construction Management and Major Project contracts, the JCT Standard Form of Domestic Subcontract, and the Engineering and Construction Contract (the NEC Form). The book continues to use the JCT Standard Form (JCT 98) as the basis of the text, with important differences highlighted in the other forms. Seventeen forms are dealt with and they have all been updated since the last edition of this book. This new edition is essential reading for architects, contract administrators, project managers and quantity surveyors. It will also be invaluable to contractors, contracts consultants and construction lawyers. David Chappell BA(Hons Arch), MA(Arch), MA(Law), PhD, RIBA has 45 years' experience in the construction industry, having worked as an architect in public and private sectors, as contracts administrator for a building contractor, as a lecturer in construction law and contract procedures and for the last fifteen years as a construction contract consultant. He is currently the Director of David Chappell Consultancy Limited and frequently acts as an adjudicator. He is Senior Research Fellow and Professor in Architectural Practice and Management Research at the Queen's University, Belfast. He was appointed Visiting Professor in Practice Management and Law at the University of Central England in Birmingham from 1 March 2003. David Chappell is the author of many articles and books for the construction industry. He is one of the RIBA Specialist Advisors and lectures widely. Vincent Powell-Smith LLM, DLitt, FCIArb was a practising arbitrator and formerly Professor of Law at the University of Malaya and the International Islamic University, Malaysia. He was author of many books on construction law. John Sims FRICS, FCIArb, MAE, FRSA is a chartered quantity surveyor now practising as a consultant, arbitrator, adjudicator and mediator in construction disputes. He is author of a number of books on building contracts and arbitration. Also of interest Building Contract Dictionary Third Edition David Chappell, Derek Marshall, Vincent Powell-Smith & Simon Cavender 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

State-by-state Guide to Construction Contracts and Claims

State-by-state Guide to Construction Contracts and Claims
Author: Michael Dodd
Publisher: Aspen Law & Business
Total Pages: 1205
Release: 2005-12-12
Genre: Law
ISBN: 9780735558779

State-by-State Guide to Construction Contracts and Claims provides a practical, state-by-state analysis of legal issues affecting architects, engineers, project owners, and construction contractors. Included are in-depth treatments of design and construction issues for all 50 states, Washington, D.C., and Puerto Rico. Updated annually, this essential sourcebook covers each state in its own separate chapter written by leading construction industry attorneys from that jurisdiction, making it easy to find answers quickly for your jurisdictions. You'll find expert answers to such questions as: Are contract clauses that waive a potential claimant's statutory lien rights enforceable in your jurisdiction? Can you enforce 'pay-if-paid' and 'pay-when-paid' contract clauses in your jurisdiction? is there a leading case or statute in your jurisdiction that specifically discusses the elements of a claim for breach of contract? is there a leading case or statute in your jurisdiction that specifically addresses the elements of a claim for ordinary negligence, gross negligence, or professional negligence? What are the most common theories of recovery in the design and construction claim setting in a particular jurisdiction? What damages are recoverable in the context of design and construction claims in a particular jurisdiction? Designed to assist you in managing any type of litigation situation, The State-by-State Guide to Construction Contracts and Claims offers expert explanations and analyses of the full range of contract and claim topics.