Termination Of Construction Contracts
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| Author | : Michael T. Callahan |
| Publisher | : Wolters Kluwer |
| Total Pages | : 526 |
| Release | : 2009-01-01 |
| Genre | : Law |
| ISBN | : 0735581770 |
Construction and design contracts increasingly contain provisions giving one or both parties the power to terminate the contract. Given that contracts are not always clear on the interrelationship between the termination provisions and the law, this unique resource provides the insight and information you need to interpret contracts and enforce key clauses to your clientand’s advantage. Termination of Construction and Design Contracts enables you to handle even the most complicated terminations and suspensions. With this latest addition to Aspen Publishersand’ respected Construction Red Book Series, youand’ll be able to: Negotiate and draft appropriate termination clauses in project contracts Benefit from expert analysis of current case law Master the subtle differences between different types of termination and—and know when each applies Identify all the potential remedies for the terminated contractor whether justified or wrongful Understand and enforce the duty to mitigate Identify and apply the different immunities Accurately value the costs involved in termination Determine what constitutes default and the grounds for a default termination Define the contractorand’s, ownerand’s, and designerand’s right to suspend work Termination of Construction and Design Contracts provides complete and comprehensive analysis of all the issues surrounding contract termination and the suspension of construction and design projects. Covers the legal and practical details of termination from every partyand’s perspective: Public Owners Private Owners Contractors Subcontractors Sureties
| Author | : Robert D. Gilbreath |
| Publisher | : John Wiley & Sons |
| Total Pages | : 320 |
| Release | : 1992-04-16 |
| Genre | : Technology & Engineering |
| ISBN | : 9780471569329 |
This Second Edition focuses on the commercial issues of contracting, covering the lifespan of a contract in four stages: inception of need, bid and award, administration, termination. Written from the owners' perspective, it is appropriate for construction managers and contract administrators. New material includes the effects of the computer on construction management practices, the risks and rewards of cross-border contracts and the role of the lawyer.
| Author | : Ralph C. Nash |
| Publisher | : CCH Incorporated |
| Total Pages | : 614 |
| Release | : 1998 |
| Genre | : Business & Economics |
| ISBN | : |
| Author | : Michael A. Branca |
| Publisher | : American Bar Association Forum |
| Total Pages | : 1008 |
| Release | : 2018-07-07 |
| Genre | : Law |
| ISBN | : 9781634259316 |
Federal Government Construction Contracts, Third Edition provides an invaluable guide through the myriad of federal government contract regulations, clauses, and case law can present problems and pitfalls for nongovernment contract practitioners.
| 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 | : J. R. Murdoch |
| Publisher | : Taylor & Francis |
| Total Pages | : 412 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : 9780419253105 |
Construction Contracts focuses on the law governing construction contracts, and the management and administration of these contracts.
| Author | : Akhtar Surahyo |
| Publisher | : Springer |
| Total Pages | : 259 |
| Release | : 2017-10-18 |
| Genre | : Technology & Engineering |
| ISBN | : 3319666851 |
This book provides an overall understanding of construction contracts, explaining a range of topics with in-depth examples, allowing engineers, site managers, architects, contractors, and other construction professionals in search of information on construction contracts to find it in one place. The volume further serves as a learning tool and a reference guide for students and instructors. Adopting a primarily Canadian perspective, the book provides references from two Standard Contract Documents CCDC (Canadian Construction Document Committee) and FIDIC (International Federation of Consulting Engineers) and briefly describes other major contract documents used within USA and UK construction industries.
| Author | : Kit Werremeyer |
| Publisher | : John Wiley & Sons |
| Total Pages | : 390 |
| Release | : 2023-07-19 |
| Genre | : Law |
| ISBN | : 1394150202 |
Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.
| Author | : Nael G. Bunni |
| Publisher | : John Wiley & Sons |
| Total Pages | : 731 |
| Release | : 2013-02-05 |
| Genre | : Law |
| ISBN | : 1118658655 |
In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.
| Author | : Daniel S. Brennan |
| Publisher | : American Bar Association |
| Total Pages | : 402 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 9781604422559 |
Most construction lawyers are familiar with the American Institute of Architects (AIA), Engineers Joint Contract Documents Committee (EJCDC) forms of agreements, and the newer ConsensusDOCS forms. The ConsensusDocs forms replace many of the forms previously issued by the Associated General Contractors of America (AGC). Now completely revised, this invaluable resource offers a topic-by-topic comparison of these forms by providing: - An easy-reference guide to how the AIA, ConsensusDOCS and EJCDC forms treat the most significant issues in owner/contractor/subcontractor and owner/design professional agreements - Proposed alternative language for situations where the form contract approach may not provide the best solution - List comparing the most significant provisions from each of these forms (on the CD-ROM)
