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The 2020 Construction Law Update provides current coverage of legal issues that have a practical impact on the day-to-day functioning of the very dynamic processes in a dynamic industry, that is, construction. Highlights of the 2020 update include: Five chapters take readers through notable cases throughout the past year in the various regions of the country including recent developments under the Occupational Safety and Health Act, the False Claims Act (FCA), various federal regulations that potentially impact federal contractors, revised procedural rules in the Civilian Board of Contract Appeals, and recent Department of Justice Memoranda impacting claims under the FCA. This edition also addresses developments in employees' health and safety issues as well as construction law developments. Contracting with the federal government comes with its own set of pitfalls. This year's chapter is written by a former JAG officer who has worked for and dealt with the government procurement process for over 40 years. Chances are his insight will bring new perspectives to navigating the treacherous federal government waters. Space. The Final Construction Site. This supplement contains an interesting and unique chapter dealing with building the International Space Station. Not a typical construction site, but a crowded one with fourteen different nations participating in the build. Who will get to and build on the Moon and Mars first? How do you build in zero gravity? Arbitration is a viable and popular alternative to the court process. The more you know and the more you prepare in advance, the better the outcome. Not only is arbitration a preference domestically, but with our global economy, arbitration is also a popular international option. Labor and employment should always be at the forefront of everyone's mind when putting together a team for a project, managing that team, or being part of the team. This chapter covers authorization to work, employment relationships, pay, ADA, sexual harassment and retaliation. These issues are not just for the owners and executives. We all have an obligation to the environment, and there are a myriad of environmental issues facing the construction industry today. Owners and contractors not only have to know how to build, but also have to know where to build and what impact that build will have on air and water pollution, stormwater, wastewater, noise, habitat loss, and much more. Why should an owner have a Suspension of Work clause in their contracts? This Update offers practical recommendations on what actions contractors should take to protect the recovery of damages and why these actions may help owners resolve claims in the field rather than the court. Note: Online subscriptions are for three-month periods. Previous Edition: Construction Law Update 2018, ISBN: 9781543810172¿
- 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
Now in its second edition, Construction Law is the standard work of reference for busy construction law practitioners, and it will support lawyers in their contentious and non-contentious practices worldwide. Published in three volumes, it is the most comprehensive text on this subject, and provides a unique and invaluable comparative, multi-jurisdictional approach. This book has been described by Lord Justice Jackson as a "tour de force", and by His Honour Humphrey LLoyd QC as "seminal" and "definitive". This new edition builds on that strong foundation and has been fully updated to include extensive references to very latest case law, as well as changes to statutes and regulations. The laws of Hong Kong and Singapore are also now covered in detail, in addition to those of England and Australia. Practitioners, as well as interested academics and post-graduate students, will all find this book to be an invaluable guide to the many facets of construction law.
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.
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.
"Annotated analysis and comparison of the AI, ConsensusDocs, and EJCDC contract forums"--
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.