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When I first read Abrahamson's "Engineering Law and the ICEContracts" I noted, in passing, the points he made concerning draftingand the books which he recommended on legal drafting, but I mustadmit that I didn't read those books until I came to write this book. Ifound that the books were difficult to obtain and no engineers of myacquaintance appeared to have read them.
Engineering Contracts is intended for those who wish to acquire skills in drafting, negotiating and working with commercial and engineering contracts. It aims to bring a different approach to the subject; combining the traditional legal perspective of the law of contract with the needs of the commercial manager or engineer who is seeking solutions to technical and commercial problems.The context within which these matters are examined is as wide as possible; for the purposes of illustration cases are drawn from the fields of mechanical, electrical, chemical, electronic and civil engineering, as well as from construction and building contracts. In many cases the important points are common to all disciplines, for instance the importance of ensuring that what has been specified is what is delivered by a supplier, and that any such delivery or indeed any event critical to the timely conclusion of a project takes place when arranged.There is advice on how to the concepts broached relate to real-life requirements and the reader will benefit from the helpful 'Legal Questions Answered' section that is included in most chapters. In addition there is a summary guide to drafting an engineering contract, a section on the relevant statutes and other legislation in force, and a list of the engineering institutions and their standard forms of contract. Case-studies of genuine and practical origin from the author's wide-ranging experience in industrial practice complete this comprehensive treatment of the subject matter.
Engineers encounter different types of contracts at nearly every turn in their careers. Contracts for Engineers: Intellectual Property, Standards, and Ethics is a tool to enhance their ability to communicate contractual issues to lawyers—and then better understand the legal advice they receive. Building on its exploration of contracts, this book expands discussion to: Patents, copyrights, trademarks, trade secrets, and other intellectual property issues Development of standards and the bodies that govern them, as well as conformity assessment and accreditation Ethics at both the micro and macro levels—a concept under major scrutiny after several major disasters, including the Gulf of Mexico oil spill, the collapse of Boston’s Big Dig, and a coal-mining accident that resulted in many deaths With a brief introduction to common law contracts and their underlying principles, including basic examples, the book presents a sample of the Uniform Commercial Code (UCC) regarding the sale of goods. It evaluates elements of the different contracts that engineers commonly encounter, such as employee and associated consulting agreements and contracts involved in construction and government. Approaching intellectual property from a contract perspective, this reference focuses on the many different types of patents and their role in commerce. It touches on the application of trademarks and recent developments in the use of copyright as a form of contract and explains the process of obtaining patents, including the rationale for investing in them. Ethical standards receive special attention, which includes a review of several prominent professional codes of ethics and conduct for both organizations and individual engineers, particularly officers and higher-level managers.
These conference proceedings address the wide range of geotechnical issues associated with urban development, from the use of case histories and reviewing existing data to the techniques and procedures associated with new construction works.
From concept to closure, A Practical Guide to Drafting Contracts provides detailed instruction for drafting contracts. Moreover, it teaches readers how to adapt existing contracts and forms to the specific needs of their client--as is frequently done by lawyers in legal practice. Step-by-step instruction and examples unpack the purpose of each provision for a wide range of contracts and integrate the basic principles that apply to both domestic and international transactions. Practice exercises further develop students’ drafting skills, as well as their working knowledge of the language and syntax of contract law. New to the Second Edition: Enhanced coverage of negotiating and drafting contracts in the United States Mind-mapping exercises that help learners think deeply about key contract provisions and their effect on other important aspects of the contract New contract simulations and drafting exercises Clear signposting of text and exercises specifically written for non-native speakers Professors and students will benefit from: Step-by-step instruction through the entire drafting process In-depth explanations and helpful examples Insights into the strategic decisions behind drafting contracts Hands-on exercises that: Raise awareness of commonly occurring contract provisions Encourage use of phrasing appropriate to audience and purpose Build familiarity with the legal principles of contracts Provide practice modifying forms and contracts drafted by other parties Discussion of U.S. law regarding key contract provisions and drafting issues Online Student Resources including: Additional exercises A wealth of sample APA contracts, Consulting Agreements, and Distribution Contracts that students are encouraged to mine for appropriate language and provisions in the process of drafting new contracts
Essentials of Contract Drafting and Negotiation for Construction Professionals is a practical and user-friendly guide to common practical contractual matters and is intended for construction professionals involved in contract drafting and negotiating. Knowing how to draft an effective contract is crucial in construction, particularly because of the complex and technical nature of construction projects. Divided into six chapters, this guide will enhance and refresh essential knowledge for lawyers and construction professionals who need to understand the principles of drafting and interpreting construction contracts, how to clearly identify and include key elements in these contracts, as well as how to avoid legal traps and pitfalls in contract negotiations and enforcement. ‘This book is timely given that many governments around the world are boosting their construction industry as part of greater economic development plans. Effective negotiation and the careful drafting of contracts are critical to minimizing risks. This book takes a practical and pragmatic approach to analysing statutory and legal precedents. It will doubtlessly assist readers in understanding the guiding principles from contract drafting to implementation.’ —Christopher To, barrister-at-law, Gilt Chambers ‘This book on contract drafting and negotiation is written in simple language. It is the product of a number of experts who specialize in relevant areas, and is edited by a very experienced construction barrister and a renowned practitioner in real estate and construction. The book will surely be a valuable reference for construction and legal practitioners and also students in the relevant disciplines.’ —Leung Hing Fung, professor of practice (arbitration and dispute resolution), Department of Real Estate and Construction, University of Hong Kong
"Annotated analysis and comparison of the AI, ConsensusDocs, and EJCDC contract forums"--