Intergovernmental Agreements Issues To Be Addressed When Contracting Services
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| Author | : Charles Stravino |
| Publisher | : |
| Total Pages | : 15 |
| Release | : 1994 |
| Genre | : |
| ISBN | : |
A guide for preparing formal agreements or contracts between governments for the delivery of fire department services did not exist. The purpose of this research was to develop a guide for reference when developing Intergovernmental Service Agreements. The research questions to be answered are: 1. How does the literature define Intergovernmental Service Contracts? 2. What are the factors to be considered before entering into contracts? 3. What are the provisions to be included in the agreement? 4. How do you arrive at appropriate service fees?
| Author | : Kevin Lavery |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 232 |
| Release | : 1999-03-30 |
| Genre | : Political Science |
| ISBN | : 0313028451 |
Privatization of local government is making headlines throughout the world. Scottsdale, Arizona, contracts for fire protection; Baltimore, to run nine city schools; and Chicago and Philadelphia for a range of services from janitors to recreational facilities. The United Kingdom, New Zealand, and Australia have arguably gone further than the United States. But much of the debate on contracting has been high on politics, philosophy, and emotion with little attention to practical issues of how to do contracting well. The book shifts the debate away from the politics and rhetoric to the practicalities and realities of contracting. The book is concerned with four issues—the role of contracting in government, the appropriateness of different contracting strategies, the process of contracting, and who does the contracting. Drawing on examples in the United States and the United Kingdom, the author considers the historical and cultural context of contracting, where contracting works and where it doesn't, the features of smart contracting, and the conditions that are conducive to smart contracting. The book provides an invaluable guide to those concerned with the practicalities of contracting.
| Author | : Larry A. DiMatteo |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 688 |
| Release | : 2016-10-25 |
| Genre | : Law |
| ISBN | : 9041159703 |
For well over a decade this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fourth revised and expanded edition thoroughly describes the new and ever-changing concepts and procedures that continue to redefine the researching, drafting, and execution of international contracts. More profoundly, it takes fully into account the hugely increasing volume of international trade and its ongoing expansion into more and more countries worldwide, and the concomitant need for businesspersons and transactional lawyers to be aware of the numerous recent international conventions and supranational responses to facilitate trade. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses (such as choice of law and dispute resolution clauses), contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in appendices. Among the numerous issues and topics that arise are the following: • incorporation of standard terms; • difficulties of multiple language contracts; • lex mercatoria; • liability based upon preliminary agreements; • issues of termination; • regulation of Internet sales; • role of model or uniform laws; • sale of services; • national law restrictions on the cross-border sale of services; • intellectual property transfer and licensing agreements; • franchising and joint ventures; • electronic contracting; and • confidentiality, nondisclosure agreements, and covenants not to compete. More than merely an accessible reference that can be used as a framework tool in the negotiating and drafting of international contracts, this volume offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. Because knowledge of the nuances of international transactional law cannot be overstated, this book is not only valuable but necessary. An adroit combination of contract theory and contract practice, the book continues to provide guidance to the law practitioner and student alike.
| Author | : Arjan Van Weele |
| Publisher | : World Scientific |
| Total Pages | : 523 |
| Release | : 2014 |
| Genre | : Business & Economics |
| ISBN | : 1908979518 |
This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings.The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims.Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics.Though not an academic book, due to its unique blend of practitioners'' insight and academic theory, it can be taught in courses at institutes at the master level. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs both at the graduate and postgraduate level. Lawyers will find the book useful to understand the business context in which their customers and/or colleagues work.
| Author | : Robert A. Shick |
| Publisher | : Routledge |
| Total Pages | : 240 |
| Release | : 2019-12-10 |
| Genre | : Political Science |
| ISBN | : 1351017217 |
In the last 35 years, governments around the globe have increasingly contracted with nonprofit and for-profit entities designed to provide a portion of the public sector’s portfolio of goods and services. This trend can be traced to a variety of factors, including perceived or actual economic efficiencies in outsourcing goods and services, values concerning the role and size of government in society, and the financial and organizational constraints of many government entities. In the United States, child welfare services adopted a pro-contracting approach early, and a variety of other human services have followed suit, including mental health care, job training, homeless services and others. Although there is strong evidence to suggest that human service contracting is growing over time, scholarship continues to lag on topics related to human service contract management, policy implementation and innovation, performance-based contracting and evaluation. This new volume in the Public Solutions Handbook series is the first volume-length treatment of human services contracting issues, integrating both policy and practice, and exploring a broad range of issues that includes the fields of history, growth, innovations, results and outcomes, best practices and the future of government human service contracting. Chapters in this book examine specific human service contracts, both in the U.S. and abroad, geared to practitioners in the public sector—from local government service contractors to municipal employees—as well as MPA students and those enrolled in courses on intergovernmental relations and nonprofit management.
| Author | : Jürg Künzle |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 254 |
| Release | : 2020-07-16 |
| Genre | : Law |
| ISBN | : 9403519940 |
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 | : Lukas Klee |
| Publisher | : John Wiley & Sons |
| Total Pages | : 862 |
| Release | : 2018-07-05 |
| Genre | : Law |
| ISBN | : 1119430461 |
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.
| Author | : Institute of Medicine |
| Publisher | : National Academies Press |
| Total Pages | : 128 |
| Release | : 2011-09-29 |
| Genre | : Science |
| ISBN | : 0309216435 |
The globalization of science, engineering, and medical research is proceeding rapidly. The globalization of research has important implications for the U.S. research enterprise, for the U.S. government agencies, academic institutions, and companies that support and perform research, and for the world at large. As science and technology capabilities grow around the world, U.S.-based organizations are finding that international collaborations and partnerships provide unique opportunities to enhance research and training. At the same time, significant obstacles exist to smooth collaboration across national borders. Enhancing international collaboration requires recognition of differences in culture, legitimate national security needs, and critical needs in education and training. In response to these trends, the Government-University-Industry Research Roundtable (GUIRR) launched a Working Group on International Research Collaborations (I-Group) in 2008, following its meeting on New Partnerships on a Global Platform that June. As part of I-Group's continuing effort, a workshop on Examining Core Elements of International Research Collaboration was held July 26-27, 2010 in Washington, DC. One primary goal of the workshop is to better understand the risks involved in international research collaboration for organizations and individual participants, and the mechanisms that can be used to manage those risks. Issues to be addressed in the workshop include the following: (1) Cultural Differences and Nuances; (2) Legal Issues and Agreements; (3) Differences in Ethical Standards; (4) Research Integrity and the Responsible Conduct of Research; (5) Intellectual Property; (6) Risk Management; (7) Export Controls; and (8) Strategies for Developing Meaningful International Collaborations. The goal for the workshop and the summary, Examining Core Elements of International Research Collaboration, is to serve as an information resource for participants and others interested in international research collaborations. It will also aid I-Group in setting its future goals and priorities.
| Author | : Phillip Greenham |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 1370 |
| Release | : 2021-05-10 |
| Genre | : Law |
| ISBN | : 3110712725 |
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 | : John Rehfuss |
| Publisher | : Jossey-Bass |
| Total Pages | : 312 |
| Release | : 1989-01-27 |
| Genre | : Business & Economics |
| ISBN | : |
