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Construction Claims and Responses: Effective Writing and Presentation
by Andy HewittFeaturing a Foreword by Roger Knowles FRICS, FCIArb, FQSi, Barrister The book discusses the different types of claim common to construction contracts and presents a step-by-step guide which demonstrates the process of building up the submission of a claim. It includes guidelines as to how to set out the claim, section by section in a logical manner to ensure that the essentials of a successful claim are included. Worked examples of claims for variations, extensions of time and additional payment are included together with sample wording showing precisely how the claim may be presented in a manner which will lead the reviewer to a logical conclusion - or at least contain a persuasive argument to support the claimant’s case. The vast majority of claims are managed without the need to resort to case law or legal matters. Construction Claims: effective writing & responses therefore discusses what the claim is trying to achieve and how to do this in a logical and persuasive manner This is a practical, hands-on guide for the construction industry professional which explains how to approach the preparation of the claim document, what topics to cover, how to present the essential elements and how to compile the submission document into a user friendly and comprehensive document. For those whose job it is to review such submissions, it advises how to prepare responses which set out the respondent’s counter arguments, points of view and determinations. The guide covers: The various types of claim. How the claim may be split into sections dealing with the details of the contract, the cause, the effect, entitlement and quantum. What this section is attempting to demonstrate or achieve and why. What should be included within the section and why. Worked examples of typical claims and responses with sample wording.
Construction Claims: Current Practice and Case Management
by Jeremy HackettThis book discusses practices in preparing and defending claims, bringing in funding, insurance and design team issues. It brings together the basic knowledge from the principal post-1996 legislation required by practitioners, together with an outline of the options and risks.
Construction Claims: Current Practice and Case Management
by Jeremy HackettThis book discusses practices in preparing and defending claims, bringing in funding, insurance and design team issues. It brings together the basic knowledge from the principal post-1996 legislation required by practitioners, together with an outline of the options and risks.
Construction Contract Administration for Project Owners
by Claude G. LancomeConstruction Contract Administration for Project Owners is aimed at public and private owners of real estate and construction projects. The book is intended to assist owners in their contractual dealings with their designers and their contractors. Most owners are not primarily in the business of designing and building facilities. The fact that their primary business is not design and construction places them at a disadvantage when negotiating, drafting, and administering design agreements and construction contracts because their designers and contractors use these documents every day. This book is intended to assist owners to redress this imbalance by equipping owners to draft and administer contracts so as to protect their interests. The book is aimed at owner personnel with all levels of knowledge in the business of managing projects. It can serve as a comprehensive introduction to drafting and administering design agreements and construction contracts for beginners. For intermediate level personnel, it can serve as a manual to be read to enhance the reader’s skills in this area. For the sophisticated project management professional, it can serve as a resource to be consulted in connection with very specific issues as they arise on a project.
Construction Contract Administration for Project Owners
by Claude G. LancomeConstruction Contract Administration for Project Owners is aimed at public and private owners of real estate and construction projects. The book is intended to assist owners in their contractual dealings with their designers and their contractors. Most owners are not primarily in the business of designing and building facilities. The fact that their primary business is not design and construction places them at a disadvantage when negotiating, drafting, and administering design agreements and construction contracts because their designers and contractors use these documents every day. This book is intended to assist owners to redress this imbalance by equipping owners to draft and administer contracts so as to protect their interests. The book is aimed at owner personnel with all levels of knowledge in the business of managing projects. It can serve as a comprehensive introduction to drafting and administering design agreements and construction contracts for beginners. For intermediate level personnel, it can serve as a manual to be read to enhance the reader’s skills in this area. For the sophisticated project management professional, it can serve as a resource to be consulted in connection with very specific issues as they arise on a project.
Construction Contract Claims (Building and Surveying Series)
by R.W. ThomasA comprehensive guide to developments in construction contracts law. The author approaches the subject of construction claims from the point of view of prevention, management, administration, presentation, negotiation and settlement, including alternative dispute resolution and arbitration. Typical problem areas are explained with clarity using helpful illustrations. There is a detailed discussion of ways to minimise exposure to claims, monitoring, records and procedures for dealing with a variety of contractual problems. Guidelines are suggested for better practice on the part of the employer's professional team as well as contractors and subcontractors.
Construction Contract Claims (Building and Surveying Series)
by Mark Wright Reg ThomasNow 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.
Construction Contract Law: The Essentials
by John AdriaanseCovering the essentials of construction contracts, including how the law has developed, the reasoning behind key clauses and how contract law is applied in practice, this is an invaluable guide for students at undergraduate and postgraduate level, as well as for professionals working in the field.
Construction Contract Law
by John AdriaanseThis comprehensive and popular textbook aims to bridge the gap between theoretical study and practical application. It covers the essentials of construction contracts, including how the law has developed, the reasoning behind key clauses and how contract law is applied in practice, and it helps to make the transition from student to practitioner manageable.This text is intended for all undergraduates studying a construction contract law or a contract administration module or unit. It is ideal for postgraduate degrees in quantity surveying and building surveying, construction project management, and construction management. Civil engineers and students of architecture and architectural technology will find it provides a comprehensive guide to the law in the construction context. It is also very comprehensive in scope and provides sufficient materials to bridge the gap between the student and professional texts.New to this Edition:- Discussion of the implementation of the Local Democracy, Economic Development and Construction Act 2009, amending the Housing Grants Construction and Regeneration Act 1996- Updates to sections on the formation of contracts, mistakes in tenders, equitable remedies, agency and supervision, and the immunity of expert witnesses, reflecting the latest Supreme Court judgements- Clarification of the relationship between construing and implication of terms, and the law on construction operations- Expansion of the case law on professional liability, and on the Defective Premises Act as a statutory term- More real-world construction examples to illustrate concepts and theories
Construction Contract Preparation and Management: From concept to completion
by Geoff PowellThis practical, user-friendly textbook starts at the beginning of construction projects and makes important connections between stages, accompanied by helpful illustrations and real-life industry examples. Contracts and agreements underpin the whole construction industry, and yet many graduates and young professionals do not realise just how important they are. Misunderstandings and mistakes can be extremely expensive and cause considerable delay. The textbook provides extensive explanation of the most commonly used forms of contract, an introduction to the general principles of contracts, and the implications of contract law and negligence as they affect the construction professional. Written by an author with extensive previous industry experience before he became a lecturer, this text is aimed at students of Contract Management/Procedures at both undergraduate and postgraduate level on both Civil Engineering and Construction courses. It is also helpful for starting professionals.
Construction Contract Preparation and Management: From concept to completion
by Geoff PowellThis practical, user-friendly textbook starts at the beginning of construction projects and makes important connections between stages, accompanied by helpful illustrations and real-life industry examples. Contracts and agreements underpin the whole construction industry, and yet many graduates and young professionals do not realise just how important they are. Misunderstandings and mistakes can be extremely expensive and cause considerable delay. The textbook provides extensive explanation of the most commonly used forms of contract, an introduction to the general principles of contracts, and the implications of contract law and negligence as they affect the construction professional.Written by an author with extensive previous industry experience before he became a lecturer, this text is aimed at students of Contract Management/Procedures at both undergraduate and postgraduate level on both Civil Engineering and Construction courses. It is also helpful for starting professionals.New to this Edition:- Often-overlooked aspects of NEC contracts such as contractor design- Coverage of NEC ECC 2013, JCT 2011, CDM 2015 and the revised Public Contracts Regulations 2015- More extensive advice on money, time and programmes and their importance
Construction Contract Variations: Construction Contract Variations (Construction Practice Series)
by Michael Sergeant Max WieliczkoChanges 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.
Construction Contract Variations (Construction Practice Series)
by Michael Sergeant Max WieliczkoChanges 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.
Construction Contractors: Accounting and Auditing (AICPA)
by James Wiedemann Robert MercadoWith construction activity increasing and significant changes to the revenue recognition model, it is more important than ever for accountants and financial managers to be on top of the very latest in accounting and auditing changes for the construction industry. This guide examines the most recent updates and key issues impacting construction accounting and auditing. It covers new changes as a result of FASB ASU 2014-09, it also explores the relationship between the contractor and the surety.
Construction Contractors: Accounting and Auditing (AICPA)
by James Wiedemann Robert MercadoWith construction activity increasing and significant changes to the revenue recognition model, it is more important than ever for accountants and financial managers to be on top of the very latest in accounting and auditing changes for the construction industry. This guide examines the most recent updates and key issues impacting construction accounting and auditing. It covers new changes as a result of FASB ASU 2014-09, it also explores the relationship between the contractor and the surety.
Construction Contractors: Advanced Issues (AICPA)
by Dale RutherThe construction industry comes with many advanced accounting issues, audit procedures, and tax issues, which makes construction contractor engagements inherently higher risk than other engagements. As a result, practitioners and financial professionals should be prepared to address difficult issues such as look-back calculations, measuring progress of contracts, overhead allocations, and internal controls for construction contractors. In this book, some of the most pervasive issues in the construction industry and how to identify and manage the risks inherent in construction contractor engagements are discussed. This book shows how to: Apply complex accounting and financial reporting standards to construction contractors. Evaluate and rework audit processes to avoid common deficiencies in construction engagements. Identify tax compliance issues unique to the construction industry.
Construction Contractors: Advanced Issues (AICPA)
by Dale RutherThe construction industry comes with many advanced accounting issues, audit procedures, and tax issues, which makes construction contractor engagements inherently higher risk than other engagements. As a result, practitioners and financial professionals should be prepared to address difficult issues such as look-back calculations, measuring progress of contracts, overhead allocations, and internal controls for construction contractors. In this book, some of the most pervasive issues in the construction industry and how to identify and manage the risks inherent in construction contractor engagements are discussed. This book shows how to: Apply complex accounting and financial reporting standards to construction contractors. Evaluate and rework audit processes to avoid common deficiencies in construction engagements. Identify tax compliance issues unique to the construction industry.
Construction Contracts: Questions and Answers
by David ChappellThis fully revised and updated edition of Construction Contracts: Questions and Answers includes 300 questions and incorporates 42 new judicial decisions, the JCT 2016 updates and the RIBA Building Contracts and Professional Services Contracts 2018 updates. Construction professionals of all kinds frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Building on the success of previous editions, David Chappell continues to provide answers to real-world FAQs from his experience as consultant and Specialist Advisor to the RIBA. Questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of practical completion, defects, valuation, certificates and payment, architects’ instructions, adjudication and fees. Every question included has been asked of David Chappell during his career and his answers are authoritative but written as briefly and simply as possible. Legal language is avoided but legal cases are given to enable anyone interested to read more deeply into the reasoning behind the answers. This is not only a useful reference for architects, project managers, quantity surveyors and lawyers, but also a useful student resource to stimulate interesting discussions about real-world construction contract issues.
Construction Contracts: Questions and Answers
by David ChappellThis fully revised and updated edition of Construction Contracts: Questions and Answers includes 300 questions and incorporates 42 new judicial decisions, the JCT 2016 updates and the RIBA Building Contracts and Professional Services Contracts 2018 updates. Construction professionals of all kinds frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Building on the success of previous editions, David Chappell continues to provide answers to real-world FAQs from his experience as consultant and Specialist Advisor to the RIBA. Questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of practical completion, defects, valuation, certificates and payment, architects’ instructions, adjudication and fees. Every question included has been asked of David Chappell during his career and his answers are authoritative but written as briefly and simply as possible. Legal language is avoided but legal cases are given to enable anyone interested to read more deeply into the reasoning behind the answers. This is not only a useful reference for architects, project managers, quantity surveyors and lawyers, but also a useful student resource to stimulate interesting discussions about real-world construction contract issues.
Construction Contracts: Law and Management
by Will Hughes Ronan Champion John MurdochThe fifth edition of this bestselling textbook has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. It now includes comparisons of working with JCT, NEC3, and FIDIC contracts throughout. Introducing this topic at the core of construction law and management, this book provides students with a one-stop reference on construction contracts. Significant new material covers: procurement tendering developments in dispute settlement commentary on all key legislation, case law and contract amendments In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and an extremely useful source of reference for practitioners.
Construction Contracts: Law and Management
by Will Hughes Ronan Champion John MurdochThe fifth edition of this bestselling textbook has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. It now includes comparisons of working with JCT, NEC3, and FIDIC contracts throughout. Introducing this topic at the core of construction law and management, this book provides students with a one-stop reference on construction contracts. Significant new material covers: procurement tendering developments in dispute settlement commentary on all key legislation, case law and contract amendments In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and an extremely useful source of reference for practitioners.
Construction Dispute Research: Conceptualisation, Avoidance and Resolution
by Sai On CheungThere are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.
Construction Dispute Research Expanded (Springer Tracts in Civil Engineering)
by Sai On CheungAs an expansion of the book “Construction Dispute Research” published in 2014, this book presents further contributions and breaks into three new research foci in construction dispute studies. Part A discusses the conceptualization and minimization of biases in construction dispute decisions; Part B examines other impediments against settlement such as inequity, power asymmetry and loss aversion. Part C focuses on realty check of construction dispute negotiation conditions such as market competition, interdependence of contracting parties and dispute avoidance function of construction incentivization. This book showcases new ideas in construction dispute research. It offers research studies that are theory rich and conducted with robust methodologies. The research implications are practical and implementable.
Construction Insurance and UK Construction Contracts (Construction Practice Series)
by Roger ter Haar Anna Laney Marshall LevineConstruction Insurance and UK Construction Contracts has long been the premier text for legal professionals looking for a combined analysis of construction contracts and their relation to insurance law. In a new and updated third edition, this book continues to provide in-depth commentary and pragmatic advice on all the most important regulations and policies surrounding contracts and insurance in the construction industry. Including brand new chapters on reinsurance and energy products, this book covers subjects such as: Minor, intermediate and major project construction contracts Classes of insurance contract The role of insurance brokers Risks in construction and legal liability Professional indemnity insurance and directors' and officers' liability insurance Bonds and insurance Latent defect insurance Property insurance Health and Safety and Construction Regulations Contract Insurance FIDIC, JCT and NEC 3 regulations PFI/PPP projects in the UK Dispute resolution This book is a vital reference tool and practical guide for lawyers and in-house counsels involved in the construction industry as well as project managers, quantity surveyors, construction contractors, architects and engineers needing advice from an experienced legal perspective.
Construction Insurance and UK Construction Contracts (Construction Practice Series)
by Roger ter Haar Anna Laney Marshall LevineConstruction Insurance and UK Construction Contracts has long been the premier text for legal professionals looking for a combined analysis of construction contracts and their relation to insurance law. In a new and updated third edition, this book continues to provide in-depth commentary and pragmatic advice on all the most important regulations and policies surrounding contracts and insurance in the construction industry. Including brand new chapters on reinsurance and energy products, this book covers subjects such as: Minor, intermediate and major project construction contracts Classes of insurance contract The role of insurance brokers Risks in construction and legal liability Professional indemnity insurance and directors' and officers' liability insurance Bonds and insurance Latent defect insurance Property insurance Health and Safety and Construction Regulations Contract Insurance FIDIC, JCT and NEC 3 regulations PFI/PPP projects in the UK Dispute resolution This book is a vital reference tool and practical guide for lawyers and in-house counsels involved in the construction industry as well as project managers, quantity surveyors, construction contractors, architects and engineers needing advice from an experienced legal perspective.