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Delay in the Performance of Contractual Obligations remains the leading practitioner work on the subject and includes consideration of variations in practice in different sectors. There are many new cases reflected in this new edition. Those of particular relevance to delay in the House of Lords, Supreme Court and Privy Council include Sentinel International Ltd v Cordes (2008) on notices making time of the essence, The Achilleas (2007) on remoteness of damage, The New Flamenco (2017) on mitigation, Sempra Metals Ltd v Inland Revenue Commissioners (2007) on the award of interest on damages, White v Riverside Housing Association Ltd (2007) on rent review, and Makdessi v Cavendish Square Holdings BV (2015) on the penalty doctrine. Those in the Court of Appeal include British Overseas Bank Nominees Ltd v Analytical Properties Ltd (2015) on conditions precedent and the order of performance, The Arctic III (2016) on indemnity clauses, The Crudesky (2013) on force majeure clauses and demurrage, North Eastern Properties Ltd v Coleman (2010) and Samarenko v Dawn Hill House Ltd (2011) on notices making time of the essence, Siemens Building Technologies FE Ltd v Supershield Ltd (2010) and John Grimes Partnership Ltd v Gubbins (2012) on remoteness of damage, Spar Shipping AS v Grand China Logistics Holding (Group) Co Ltd (2016) on the late payment of charterparty hire, Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd (2013), Urban 1 (Blonk St) v Ayres (2013) and MSC Mediterranean Shipping Co v Cottonex Anstalt (2016) on delay as a repudiatory breach, and The Sea Angel (2007) and The Mary Nour (2008) on the doctrine of frustration. The growing trend towards reliance upon the so-called prevention principle is also treated with particular reference to Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (2007), Adyard Abu Dhabi LLC v SD Marine Services (2011), and Jerram Falkus Construction Ltd v Fenice Investments Inc (2011). The book also discusses the implications of the Consumer Rights Act 2015 on delays in performance. A new chapter has been included in this edition in relation to express contractual provisions dealing with issues of delay, with special reference to construction contracts, charter parties and contracts for the sale of land.
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
"The objective of this report is to identify and establish a roadmap on how to do that, and lay the groundwork for transforming how this Nation- from every level of government to the private sector to individual citizens and communities - pursues a real and lasting vision of preparedness. To get there will require significant change to the status quo, to include adjustments to policy, structure, and mindset"--P. 2.
The most significant unanticipated costs on many construction projects are the financial impacts associated with delay and disruption to the works. Assessing these, and establishing a causal link from each delay event to its effect, contractual liability and the damages experienced as a direct result of each event, can be difficult and complex. This book is a practical guide to the process of delay analysis and includes an in-depth review of the primary methods of delay analysis, together with the assumptions that underlie the precise calculations required in any quantitative delay analysis. The techniques discussed can be used on projects of any size, under all forms of construction contract, both domestic and international. The authors discuss not only delay analysis techniques, but also their appropriateness under given circumstances, demonstrating how combined approaches may be applied where necessary. They also consider problematic issues including ‘who owns the float’, concurrent delay, early completion programmes, and disruption. The book has been brought fully up to date, including references to the latest publications from the CIOB, AACEI and SCL, as well as current case law. Broad in scope, the book discusses the different delay analysis approaches likely to be encountered on national and international projects, and features practical worked examples and case studies demonstrating the techniques commonly used by experienced practitioners. This is an invaluable resource to programmers and schedulers, delay analysts, contractors, architects, engineers and surveyors. It will also be of interest to clients’ professional advisors managing extension of time or delay claims, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. Reviews of First Edition "John Keane and Anthony Caletka are pukka analysts in that tricky area of delays, programming and extension of time. I highly recommend their book Delay Analysis in Construction Contracts. Buy the book." (Building Magazine, February 2009) "The book′s stated purpose is to provide a practical guide for those interested in schedule delay analysis. It provides a good in–depth review of the most common delay analysis techniques.... An excellent book, full of practical tips for the reader and very timely in its publication. It is well worth the cost and a good read for anyone involved in schedule delay analysis." (Cost Engineering, February 2009) It achieves in spades its stated aim of being a practical guide for contractors, contract administrators, programmers and delay analysts, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. (Construction Law Journal, 2009)
"This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact." --
Transnational commercial law represents the outcome of work undertaken to harmonize national laws affecting domestic and cross-border transactions and is upheld by a diverse spectrum of instruments. Now in its second edition, this authoritative work brings together the major instruments in this field, dividing them into thirteen groups: Treaty Law, Contracts, Electronic Commerce, International Sales, Agency and Distribution, International Credit Transfers and Bank Payment Undertakings, International Secured Transactions, Cross-Border Insolvency, Securities Custody, Clearing and Settlement and Securities Collateral, Conflict of Laws, Civil Procedure, Commercial Arbitration, and a new section on Carriage of Goods. Each group of instruments is preceded by linking text which provides important context by identifying the key instruments in each group, discussing their purposes and relationships, and explaining the major provisions of each instrument, thus setting them in their commercial context. This volume is unique in providing the full text of international conventions, including the preamble - which is important for interpretation - and the final clauses and any annexes. In addition, each instrument is accompanied by a complete list of dates of signature and ratification by all contracting states, all easily navigated through the detailed tables of contents which precedes it. This fully-indexed work provides an indispensable guide for the practitioner or academic to the primary transnational commercial law instruments.
The bestselling guide to the laws that govern construction Knowledge of construction law and employment law is essential to running a successful construction business. Now, industry professionals don't have to rely on lawyers to translate the sometimes-confusing theories, principles, and established rules that regulate the business. In plain English, Smith, Currie & Hancock's Common Sense Construction Law, Third Edition provides a practical introduction to the significant legal topics and questions affecting construction industry professionals. General contractors, subcontractors, owners, and surety bond agents will turn to this updated edition of the bestselling guide again and again for: Information on intrastate licensure and practice Advice on "Best Value" source selection and alternative project delivery systems Recent trends in claim resolution, including recovery of compensation for delays, extra work, and differing site conditions Expanded coverage on industry safety and environmental issues, including the latest information on project safety, indemnity, mold risks, and insurance coverage issues Helpful "Points to Remember" summarizing important concepts and useful "Checklists" make concepts easy to implement in real-world practice Advice on successfully managing employment issues in the construction industry Complete with a CD-ROM containing over 180 sample contracts and documents from AIA, AGC, and EJCDC, Smith, Currie & Hancock's Common Sense Construction Law, Third Edition is an invaluable reference for industry professionals whose jobs rely on their ability to avoid unwelcome legal surprises that can cripple a project or kill a business.