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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
This book addresses the process and principles of contract management in construction from an international perspective. It presents a well-structured, in-depth analysis of construction law doctrines necessary to understand the fundamentals of contract management. The book begins with an introduction to contract management and contract law and formation. It then discusses the various parties to a contract and their relevant obligations, whether they are engineers, contractors or subcontractors. It also addresses standard practices when drafting and revising contracts, as well as what can be expected in standard contracts general clauses. Two chapters are dedicated to contract clauses, with one focused on contract administration such as schedules, payment certificates and defects liability, and the other focused on contract management, such as terminations, dispute resolutions and claims. This book provides a useful reference to engineers, project managers and students within the field of engineering and construction management.
The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.
This practical, easy-to-use guide is designed to help you figure out quickly what went wrong in yesterday's meetings, and how to fix it in tomorrow's follow-up. Each chapter starts with a brief introduction, followed by a standard section, Why This Concept Might Change Your Thinking. There, the author explains succinctly why their body of work might be useful specifically for lawyers. After that, each chapter has a section called Action Plan--What You Can Do Differently Tomorrow in which each author outlines specific steps you can take in your next negotiation. No other book comes close to this level of help for a lawyer facing a typical or even downright strange negotiating problem. This guide contains everything you need to know about negotiating in one compact volume.
Dive into the dynamic world of real estate consultancy with "Innovations in Real Estate: A Comprehensive Guide for Modern Consultants." This meticulously crafted guidebook takes you on a journey through the intricate realms of property transactions, legalities, ethical considerations, and cutting-edge technologies that shape the industry. From navigating the complexities of real estate laws to embracing disruptive innovations like blockchain, artificial intelligence, and decentralized finance, this book equips aspiring and seasoned consultants alike with a deep understanding of the modern real estate landscape. Explore the nuances of ethical practices, community engagement, and sustainable development while delving into the future of the industry, marked by smart cities, biophilic designs, and global collaborations. Featuring in-depth chapters, real-life case studies, and expert insights, this comprehensive guide is a beacon for consultants seeking to excel in the ever-evolving real estate sphere. Whether you're a newcomer eager to learn the ropes or a seasoned professional aiming to stay ahead of the curve, this book is your ultimate companion in mastering the art and science of real estate consultancy. Get ready to unlock the doors to success in the exciting world of modern real estate.
Construction Contracts focuses on the law governing construction contracts, and the management and administration of these contracts.
The 2018 edition of this guide explains how to use, understand and get the most out of the RIBA Professional Services Contracts, which have been updated from the RIBA Agreements 2010 (and 2012 revision). With guidance on how to choose, prepare and complete the right contract, it is an essential companion for anyone using these industry-standard forms. The guide is written for architects and consultants to help practitioners develop a greater understanding of the role and responsibility of each party to the agreement.
An eagerly anticipated second edition of this established and highly regarded text teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client's deal. Features: More exercises throughout the book, incorporating More precedents for use in exercises Exercises designed to teach students how to read and analyze a contract progressively more difficult and sophisticated New, multi-draft exercises involving a variety of business contracts New and refreshed examples, including Examples of well-drafted boilerplate provisions More detailed examples of proper way to use shall Multiple well-drafted contracts with annotations Revised Aircraft Purchase Agreement exercise to focus on key issues, along with precedents on how to draft the action sections and the endgame sections. Expanded explanations of endgame provisions, along with examples and new exercises
Drafting an international contract can be a risky business. Yet with the increasing globalization of markets, these cross-border contracts are becoming a common practice for most traders, as well as for the lawyers assisting them. At the same time, international contracts remain a difficult and mysterious subject for business people as well as their lawyers. In his new book, Drafting and Negotiating International Commercial Contracts, Professor Fabio Bortolotti, a world-renowned expert on contract law, clarifies the issues surrounding these contracts and provides solutions to the thorny problems they raise: choice of the applicable law choice of jurisdiction international arbitration the use of more international drafting techniques hardship, force majeure and liquidated damages As an added feature, this volume provides insights into the basic requirements of a well-drafted contract and analyzes in depth the negotiating process. It concludes with incisive commentary on the model contracts developed by the International Chamber of Commerce. Lawyers and other legal professionals will find in these pages the tools they need to ensure their contracts meet the requirements of a globalized world.