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Construction contractors must regularly wade through complicated contractual and technical issues. Claims and disputes can ruin a project or prevent it from even getting started. While many studies concentrate on case law imported from different jurisdictions, CONTRACTUAL DIMENSIONS IN CONSTRUCTION takes a practical approach that relies on quantity surveying. This approach enables all parties involved to establish and maintain fair agreements for a dispute free project delivery. With this guidebook, you will learn how to anticipate and avoid problems while concentrating on solutions. Topics covered include: Contract formation, existence, and invalidation Contract and pricing modalities Contract interpretation Attributes of contractual provisions Defaults and remedies Variations, claims and disputes Youll also learn about the duties, rights, and obligations of the parties to a contract, as well as the issues related to commencement, completion, extension, and damages. Examples and real-life scenarios make learning about the contractual process easy. CONTRACTUAL DIMENSIONS IN CONSTRUCTION is for all contract specialists, commercial managers, forensic delay analysts, quantity surveyors, cost engineers, and undergraduates studying construction and surveying related subjects. Those who are interested in para-legal functions related to construction may also find this book of value, as will students of engineering disciplines.
The definitive contracting reference for the construction industry, updated and expanded Construction Contracting, the industry's leading professional reference for five decades, has been updated to reflect current practices, business methods, management techniques, codes, and regulations. A cornerstone of the construction library, this text presents the hard-to-find information essential to successfully managing a construction company, applicable to building, heavy civil, high-tech, and industrial construction endeavors alike. A wealth of coverage on the basics of owning a construction business provides readers with a useful "checkup" on the state of their company, and in-depth exploration of the logistics, scheduling, administration, and legal aspects relevant to construction provide valuable guidance on important facets of the business operations. This updated edition contains new coverage of modern delivery methods, technology, and project management. The field of construction contracting comprises the entire set of skills, knowledge, and conceptual tools needed to successfully own or manage a construction company, as well as to undertake any actual project. This book gives readers complete, up-to-date information in all of these areas, with expert guidance toward best practices. Learn techniques for accurate cost estimating and effective bidding Understand construction contracts, surety bonds, and insurance Explore project time and cost management, with safety considerations Examine relevant labor law and labor relations techniques Between codes, standards, laws, and regulations, the construction industry presents many different areas with which the manager needs to be up to date, on top of actually doing the day-to-day running of the business. This book provides it all under one cover – for the project side and the business side, Construction Contracting is a complete working resource in the field or office.
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)
"Annotated analysis and comparison of the AI, ConsensusDocs, and EJCDC contract forums"--
Stripping contracts of their legal mystique and jargon, this reference offers essential information on the entire contract administration process. Divided into three sections, this easy-to-use guide covers potential issues from project inception to finish and includes sample contracts as well as an overview of the most recent statutory legislation. Comprehensive and practical, this handbook is an invaluable tool for both practitioners in the construction industry and students across Australia.
* Written in layman's terms, this all-you-need-to-know text focuses on the most important aspect of contract administration * Covers many legal issues related to construction law and provides essential background material about fundamentals * Examples of filled out documents help clarify the key points
This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended.
Construction Contracts focuses on the law governing construction contracts, and the management and administration of these contracts.
The proceedings of the CIB W65 Symposium on the Organization and Management of Construction conference are presented here and in the companion volumes as state-of-the-art papers documenting research and innovative practice in the field of construction. The volumes cover four broad themes: business management, project management, risk management, IT development and applications. Each volume is organized to provide easy reference so that the practitioner can speedily extract up to date information and knowledge about the global construction industry. Managing the Construction Enterprise (Volume One): Covers the firm and its business environment, markets and marketing, human resource management strategic planning, and quality management. Managing the Construction Project (Volume Two): focuses upon productivity, procurement, international projects and human issues in relation to management performance of construction organisations. Managing Risk (Volume Two): incorporates discussion of risk away from regulation by government and those safety risks inherent in the construction process. Managing Construction Information (Volume Three, published in conjunction with Construct IT Centre of Excellence): incorporates material on information systems and methods, application of IT to the design and construction processes and how IT theory and applications are best transmitted to students and practitioners. The work represents a collation of wide ranging ideas and theory about construction and how research has contributed to the development of the industry on a global application of research to the problems of the construction industry.
This paper shows that there is an opportunity to use an institutional economics approach to the analysis of the challenges around megaproject construction contract development. It shows, firstly, that this approach is useful to analyze the reasonability of using particular contractual functions and clauses to deal with megaproject complexity. Specifically, although it is here recognized that complexity justifies the use of coordination and adaptation clauses, it is also alleged that safeguarding clauses may or may not be useful as complexity rises because this depends on the relationship between maladaptation costs and transaction costs, both related to the institutional environment. Secondly, this paper also alleges that new institutional economics is a helpful framework to analyze the prioritization of the underlying factors that determine the criteria used to assess and select contracting methods.This document illustrates that the decision of the procuring method needs to be fundamentally addressed by analyzing the sponsors’ characteristics and objectives. This is aligned with the fact that the decision regarding which contracting method to apply should consider the potential minimization of transaction costs, by adjusting governance to the nature of the transaction.