Law And Practice Of Construction Contract Claims
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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.
Author | : Kok Fong Chow |
Publisher | : |
Total Pages | : 527 |
Release | : 1993 |
Genre | : Buildings |
ISBN | : 9789971898755 |
Author | : Michael Sergeant |
Publisher | : CRC Press |
Total Pages | : 589 |
Release | : 2014-05-23 |
Genre | : Law |
ISBN | : 1317685156 |
Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.
Author | : |
Publisher | : Thomas Telford |
Total Pages | : 904 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9780727728838 |
- The planning system - Financing the project - Public sector projects - Public/private sector partnerships - Tender process - The construction contract - Construction insurance - Ways of operating - Working with others - Working internationally - The engineer's appointment - Collateral warranties - Professional indemnity insurance - Copyright and intellectual property - Employment law - Computers and IT - Law of contract - Law of tort - Environmental law - Health and safety law - Insolvency in construction - Administration of claims - Litigation - Arbitration - Adjudication
Author | : Kenneth C. Gibbs |
Publisher | : John Wiley & Sons |
Total Pages | : 344 |
Release | : 1992 |
Genre | : Construction contracts |
ISBN | : |
The authors provide practical information that can be used by all construction industry professionals, as well as detailed analyses of California construction law-both as codified in the statutes & as expressed by California courts. The topics in the book are organized in the same manner as they would actually arise in a construction project. First, it deals with pre-construction issues-licensing, bidding, & the formation of the construction contract. Then it discusses what happens when things go wrong-breach of contract by the owner and/or the contractor. An in-depth analysis is provided with regard to claims involving delay, disruption, & acceleration. Several chapters are then devoted to statutory remedies-mechanics' liens, stop notices, & bonds both on public & private works. Finally, coverage is provided on other issues & subjects involving the construction industry, including expanding liability, construction defect issues, bankruptcy, & alternative dispute resolution.
Author | : Ellis Baker |
Publisher | : CRC Press |
Total Pages | : 805 |
Release | : 2013-07-31 |
Genre | : Law |
ISBN | : 131791189X |
FIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered. Humphrey LLoyd, International Construction Law Review [2010] ICLR 386
Author | : Stuart Beadnall |
Publisher | : CRC Press |
Total Pages | : 401 |
Release | : 2016-06-10 |
Genre | : Law |
ISBN | : 1317628128 |
With thirty per cent of the world’s oil and gas production coming from offshore areas, the construction of specialist vessels to perform offshore operations is a crucial part of the industry. However, with exploration and production being performed in increasingly exacting locations, the scope for disputes arising from cost overruns, scheduling delays and technical difficulties is immense. In the absence of legal precedent, this ground-breaking title provides practical guidance on avoiding and resolving disputes in the construction of offshore units and vessels, including FPSOs, drilling units, OSVs and fixed platforms. Written by a leading team at Stephenson Harwood, this book covers the entire construction process from initial concept right through to installation, at each stage commenting on typical contract terms and offering expert advice based on real-life examples. Key topics include: Design risk Changes to the work Consequences of delay Acceptance Tests Termination Dispute resolution This unique text will be of enormous assistance both to legal practitioners and offshore construction professionals including project managers, financiers, insurers, and sub-contractors.
Author | : Nancy J. White |
Publisher | : |
Total Pages | : 0 |
Release | : 2002 |
Genre | : House & Home |
ISBN | : 9780130325761 |
Principles and Practices of Construction Law presents the most common areas of law encountered in the construction industry in an easy-to-read format. Geared to those not yet studying law, the legal concepts are simplified and presented in a basic and simple format that is understandable, practical and devoid of excessive legal detail that can be overwhelming. The book is designed to build readers' ability to think critically, solve legal problems and write comprehensible solutions to claims and issues arising in the construction process. The volume provides an introduction to the legal system and the maxims of law, and addresses applying and using the law, logic, preparing legal arguments and briefing cases, law, ethics, and morality, relationships among the parties on the project, bidding, specification and plans, delays, and acceleration, differing, and unforeseen site conditions, warranties, termination of the contract and contract damages, torts, joint liability and indemnity and dispute resolution. For construction industry professionals interested in a basic understanding of important legal concepts.
Author | : Roger ter Haar |
Publisher | : Taylor & Francis |
Total Pages | : 485 |
Release | : 2017-06-14 |
Genre | : Law |
ISBN | : 1317194950 |
Remedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. Now in a fully updated second edition, it covers topics such as: Damages Termination Quantum Meruit Recovery Injunctions Limitation ADR This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.
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