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Innovating Construction Law: Towards the Digital Age takes a speculative look at current and emerging technologies and examines how legal practice in the construction industry can best engage with the landscape they represent. The book builds the case for a legal approach based on transparency, traceability and collaboration in order to seize the opportunities presented by technologies such as smart contracts, blockchain, artificial intelligence, big data and building information modelling. The benefits these initiatives bring to the construction sector have the potential to provide economic, societal and environmental benefits as well as reducing the incidence of disputes. The author uses a mixture of black letter law and socio-legal commentary to facilitate the discourse around procurement, law and technology. The sections of the book cover the AS IS position, the TO BE future position as predicted and the STEPS INBETWEEN, which can enable a real change in the industry. The rationale for this approach lies in ensuring that the developments are congruent with the existing frameworks provided by the law. The book proposes various steps that the industry should seriously consider taking from the current position to shape the future of the sector and ultimately create a better, more productive and sustainable construction industry. This book is a readable and engaging guide for students and practitioners looking to learn more about construction law and its relationship with technology and for those seeking a platform for graduate studies in this area.
This innovative book provides a thorough and comprehensive guide to construction law by blending together black letter law and socio-legal approaches. This mixed methodology makes an ideal introduction to the subject for those studying to enter the Architecture, Engineering and Construction (AEC) Industry in a professional capacity. Designed to equip the student with all they need to know about construction law, the topics covered include: The fundamentals of law and the English legal system Contract, business, tort and property law Procurement, subcontracting and partnering Building Information Modelling and best practice Dispute resolution including mediation, arbitration, litigation and adjudication The books suitability for study is enhanced by its logical structure, chapter summaries and further reading lists whilst the role of law in achieving a more collaborative and less confrontational AEC industry is examined in detail. Construction Law: From Beginner to Practitioner takes the reader on a journey from basic legal concepts through to a more detailed appreciation of what the AEC needs as a specialist client for legal services. This book is useful not only for understanding the basics, but also as a reference that practitioners will use time and again.
3D printing (or, more correctly, additive manufacturing) is the general term for those software-driven technologies that create physical objects by successive layering of materials. Due to recent advances in the quality of objects produced and to lower processing costs, the increasing dispersion and availability of these technologies have major implications not only for manufacturers and distributors but also for users and consumers, raising unprecedented challenges for intellectual property protection and enforcement. This is the first and only book to discuss 3D printing technology from a multidisciplinary perspective that encompasses law, economics, engineering, technology, and policy. Originating in a collaborative study spearheaded by the Hanken School of Economics, the Aalto University and the University of Helsinki in Finland and engaging an international consortium of legal, design and production engineering experts, with substantial contributions from industrial partners, the book fully exposes and examines the fundamental questions related to the nexus of intellectual property law, emerging technologies, 3D printing, business innovation, and policy issues. Twenty-five legal, technical, and business experts contribute sixteen peer-reviewed chapters, each focusing on a specific area, that collectively evaluate the tensions created by 3D printing technology in the context of the global economy. The topics covered include: • current and future business models for 3D printing applications; • intellectual property rights in 3D printing; • essential patents and technical standards in additive manufacturing; • patent and bioprinting; • private use and 3D printing; • copyright licences on the user-generated content (UGC) in 3D printing; • copyright implications of 3D scanning; and • non-traditional trademark infringement in the 3D printing context. Specific industrial applications – including aeronautics, automotive industries, construction equipment, toy and jewellery making, medical devices, tissue engineering, and regenerative medicine – are all touched upon in the course of analyses. In a legal context, the central focus is on the technology’s implications for US and European intellectual property law, anchored in a comparison of relevant laws and cases in several legal systems. This work is a matchless resource for patent, copyright, and trademark attorneys and other corporate counsel, innovation economists, industrial designers and engineers, and academics and policymakers concerned with this complex topic.
This myth-busting book shows large companies can construct a strategy, system, and culture of innovation that creates sustained growth. Every company wants to grow, and the most proven way is through innovation. The conventional wisdom is that only disruptive, nimble startups can innovate; once a business gets bigger and more complex corporate arteriosclerosis sets in. Gary Pisano's remarkable research conducted over three decades, and his extraordinary on-the ground experience with big companies and fast-growing ones that have moved beyond the start-up stage, provides new thinking about how the scale of bigger companies can be leveraged for advantage in innovation. He begins with the simply reality that bigger companies are, well, different. Demanding that they "be like Uber" is no more realistic than commanding your dog to speak French. Bigger companies are complex. They need to sustain revenue streams from existing businesses, and deal with Wall Street's demands. These organizations require a different set of management practices and approaches--a discipline focused on the strategies, systems and culture for taking their companies to the next level. Big can be beautiful, but it requires creative construction by leaders to avoid the creative destruction that is all-too-often the fate of too many.
This book provides comprehensive guidance for the implementation of the legal requirements of FIDIC contracts with a detailed application of modern project management principles. It demonstrates that the FIDIC suites for works and services contain many tools for good project management, which can complement the innovation needed today to guide sustainable development. The author’s experience in construction management, construction law, and the application of FIDIC contracts as a FIDIC engineer, a procurement/claims consultant, and a FIDIC accredited/certified adjudicator and trainer underpins this unique and much-needed book linking FIDIC contract management with project management practices and concepts. It is structured around project management knowledge areas, and details not only the FIDIC works contracts (Red/Yellow/Silver 2017 Reprint 2022, Emerald 2019, Gold 2008, and Green Book 2021) but also the project management requirements of the contract between the Employer and Engineer (White Book 2017) and the FIDIC supply-chain contracts, and explains how these all interface in project governance. Linking the project management knowledge areas from the PMBOK® and its Construction Extension with the FIDIC Body of Knowledge (FBOK), the book provides recommendations for integration of best practice and innovations. It illustrates these processes with 54 flowcharts and 16 case studies, as well as a railway scenario demonstrating the application of the book’s recommended procedures. This will be an invaluable source of practical guidance for employers, contractors, and engineers responsible for procuring and managing construction projects. It provides useful insight for technical, legal, and financial experts on the management of processes, contracts, and digital tools, with recommendations on how to tailor and use the FIDIC contracts for project success.
Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
The #1 construction law guide for construction professionals Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate risks—whether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems. Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more. Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD) Presents new coverage of digital tools and processes including Electronically Stored Information (ESI) Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting Filled with checklists, sample forms, and summary “Points to Remember” for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.
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¿
This book explores innovation in the U.S. construction-related industries (i.e., design services, construction, building materials and products manufacture, and facilities operation and maintenance) and recommends a strategy for fostering new technology. These industries account for about ten percent of the U.S. economy; federal agencies themselves spend some $15 billion annually on construction. A government strategy based on federal agencies that encourage applications of new technology for their own projects, activities to enhance the pursuit and effective transfer of new technology to the U.S. private sector, and increased support for targeted efforts to develop new technologies in specific areas will yield many benefits. These include better cost, quality, and performance in government facilities, generally improved quality of life, and enhanced U.S. industrial competitiveness in international markets.