Risk Allocation Subsequent Legal Issues In Construction Contracts
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| Author | : Deepankar Sharma |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : |
| ISBN | : |
The paper aims to shade intensive lights over risks allocation and its related aspects embedded with a construction contract. For this purpose, an in-depth study of different types of risks which generally arisen in large sized construction projects is presented within the paper. For making the context clear, the paper elaborates some significant information about construction contract and different parties which are generally involved within a construction contract. In this section, the nature of different construction contracts is also discussed, which becomes a prime reason behind different types of risk in the contract. Further, the paper discusses different types of risks availed by different parties so that raw data for proper risk allocation can be collected. Further section of the paper is related with the risk allocation in a construction contract. The section explores disclaimer method for transferring risk from one party to other. Furthermore different roles played by different parties in the mitigation of risks in a contraction contract are also explained in the paper. The contractor under a construction contract is invariably required to carry out and complete the project by a specified date. This requirement is often accompanied by an obligation to produce a construction programme and to keep it up to date. There may be a contract administrator with powers to approve the programme. This paper identifies matters in relation to these obligations over which the parties can be in dispute and examines the legal principles governing their resolution. The matters include the contractor's choice of type of programming method, consequences of the contractor's failure to comply with its programming obligations, the contractor's right to complete earlier than required and delay from concurrent causes. Contracts for the construction of roads, buildings and other works present certain special features from the legal perspective. Having regard to the importance of these contracts in the economic life of the country, it is proper that their legal significance be examined in some detail.
| Author | : |
| Publisher | : |
| Total Pages | : 352 |
| Release | : 2000 |
| Genre | : Breach of contract |
| ISBN | : |
| Author | : David B. Ashley |
| Publisher | : |
| Total Pages | : 437 |
| Release | : 1989 |
| Genre | : Construction contracts |
| ISBN | : |
| Author | : Nael G. Bunni |
| Publisher | : Routledge |
| Total Pages | : 705 |
| Release | : 2022-02-16 |
| Genre | : Architecture |
| ISBN | : 1000175073 |
The new 3rd edition of Nael Bunni’s Risk and Insurance in Construction, now co-authored with Lydia Bunni, explains the need for insurance in construction and engineering projects and why it must be incorporated into the Conditions of Contract for such projects. It is unique in bringing together the background of the two topics of 'risk' and 'construction insurance', explaining the flow and the interaction between them and then dealing with how they have been used to formulate the 2017 FIDIC Suite of Contracts and the 2021 Green Book. This edition has been fully updated, and new chapters deal with the latest definitions of 'risk' outlined in ISO 31000: 2009, and specifically explains the principles embodied in the new Clauses 17, 18 and 19 of the Major Suite of the FIDIC forms of contract and how they should be used. An important chapter (Chapter 5) is included, discussing the logical transition from decision-making to risk identification to responsibility for those allocated with particular risks, to the potential liability that results. This includes discussing particular liabilities that may arise for parties typically involved in construction and engineering projects, including developers, owners, contractors and designers. This part of the book links insurance to the law and explains the interaction between the two topics. The correlation between liability and the need for indemnity, which can only be provided properly through insurance, is highlighted. The book is essential reading for practitioners from both the engineering profession and the insurance industry in all types of projects. Engineers who are required to use one of the Major Forms of the FIDIC Suite of Contracts, whether they are designers or contractors, and those involved in the insurance sector, whether brokers, claim consultants or insurance company personnel, will find this book to be an indispensable reference.
| Author | : David B. Ashley |
| Publisher | : |
| Total Pages | : 437 |
| Release | : 1988 |
| Genre | : |
| ISBN | : |
| Author | : James R. Dunlop |
| Publisher | : |
| Total Pages | : 620 |
| Release | : 1987 |
| Genre | : Buildings |
| ISBN | : |
| Author | : C. E. Porter |
| Publisher | : |
| Total Pages | : |
| Release | : 1981 |
| Genre | : Civil engineering contracts |
| ISBN | : |
| Author | : |
| Publisher | : |
| Total Pages | : 160 |
| Release | : 1988 |
| Genre | : Law |
| ISBN | : |
This publication contains papers on A2011987, construction disputes, site safety, and bonds in real estate construction.
| Author | : Prof Dr. Mostafa H. Kotb |
| Publisher | : |
| Total Pages | : 12 |
| Release | : 2020 |
| Genre | : |
| ISBN | : |
Contracts are a vital tool in the projects for many justifications and it gains this level of importance as it represents the most powerful tool that enforces any decision. We will not exaggerate if we said that the contact is the gate of all project management processes. They define the various aspects, obligations, and relations between each party that are necessary to reach a common planed goal.Therefore, the contract shall be well-drafted to allocate risk properly and clearly which is the main purpose of the contract. Fair allocation of risk supports reaching a better level of project control which will result in optimum project cost and finish with contractual duration, quality, and the other constraints.There are several studies and surveys were conducted on risk allocation to reach the criteria of allocation and the influence of the allocation, however; risk allocation faces many barriers that came from the project parties themselves and their infrastructure. These barriers shall be defined well in order to overcome it and finally allocate the risk properly. The contractual parties shall do this identification and collaborate as long as the process of risk allocation is active.This paper aims to determine the major barrier of risk allocation and provide an assessment to rank these barriers based on a conducted questionnaire.
| Author | : Andrew Burr |
| Publisher | : Taylor & Francis |
| Total Pages | : 298 |
| Release | : 2017-11-22 |
| Genre | : Law |
| ISBN | : 1351595962 |
Delay and disruption in the course of construction impacts upon building projects of any scale. Now in its 5th edition Delay and Disruption in Construction Contracts continues to be the pre-eminent guide to these often complex and potentially costly issues and has been cited by the judiciary as a leading textbook in court decisions worldwide, see, for example, Mirant v Ove Arup [2007] EWHC 918 (TCC) at [122] to [135] per the late His Honour Judge Toulmin CMG QC. Whilst covering the manner in which delay and disruption should be considered at each stage of a construction project, from inception to completion and beyond, this book includes: An international team of specialist advisory editors, namely Francis Barber (insurance), Steve Briggs (time), Wolfgang Breyer (civil law), Joe Castellano (North America), David-John Gibbs (BIM), Wendy MacLaughlin (Pacific Rim), Chris Miers (dispute boards), Rob Palles-Clark (money), and Keith Pickavance Comparative analysis of the law in this field in Australia, Canada, England and Wales, Hong Kong, Ireland, New Zealand, the United States and in civil law jurisdictions Commentary upon, and comparison of, standard forms from Australia, Ireland, New Zealand, the United Kingdom, USA and elsewhere, including two major new forms New chapters on adjudication, dispute boards and the civil law dynamic Extensive coverage of Building Information Modelling New appendices on the SCL Protocol (Julian Bailey) and the choice of delay analysis methodologies (Nuhu Braimah) Updated case law (to December 2014), linked directly to the principles explained in the text, with over 100 helpful "Illustrations" Bespoke diagrams, which are available for digital download and aid explanation of multi-faceted issues This book addresses delay and disruption in a manner which is practical, useful and academically rigorous. As such, it remains an essential reference for any lawyer, dispute resolver, project manager, architect, engineer, contractor, or academic involved in the construction industry.
