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The Technology and Construction Court ("TCC") deals with legal cases that often require specialist technical expertise. This can lead to complex and sometimes lengthy proceedings. In light of the Jackson reforms and developments in cost controls in the TCC, the manner in which claims are handled is of paramount commercial importance to lawyers and lay clients alike. This book provides a practical, but intellectually informative guide to dealing with proceedings in the TCC. Looking at the different types of claims which are commonly, and not so commonly, brought in this court, it considers different potential approaches to such claims depending on the circumstances in which parties find themselves. This is a genuine practitioners’ guide, with the principal focus on expeditious, cost-effective case management. Construction practitioners at the Bar, solicitors, adjudicators, arbitrators, and in-house counsel alike, will all find it an invaluable reference for their practice.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This collection marks the 150th anniversary of the Technology and Construction Court by presenting insights into its history and impact. The contributors are current and retired senior judges, renowned academics and leading construction and technology lawyers. The book draws on their different perspectives and approaches to showcase different aspects of the Official Referees and the TCC from its origins in the Judicature Act 1873 through to its modern-day role as an international leader in dispute resolution through litigation, arbitration and adjudication. Different essays consider the role of the TCC in procedural reform and the digital transformation of dispute resolution, building safety, and how it has impacted on doctrinal English law. The book also explores the lives and impact of notable Official Referees and TCC judges from the senior judiciary's perspective, with contributions by Lord Dyson on the transition from the Official Referees to the TCC, Sir Rupert Jackson on the Housing Grants, Construction and Regeneration Act 1996, Dame Finola O'Farrell on the TCC today, Sir Peter Coulson on Sir Brett Cloutman QC (a Senior Referee who was awarded a Victoria Cross) and Her Honour Frances Kirkham on the court's role in the regions. The creation of a specialist dispute resolution forum for complicated engineering, construction and technological disputes is a foundational milestone in the legal history of construction law in England and Wales. This collection offers a unique insight from the judiciary, practising lawyers and academics into the significance and development of the court.
NO LONGER UPDATED AFTER 1991 CUM.SUPPLEMENT.
- The planning system - Financing the project - Public sector projects - Public/private sector partnerships - Tender process - The construction contract - Construction insurance - Ways of operating - Working with others - Working internationally - The engineer's appointment - Collateral warranties - Professional indemnity insurance - Copyright and intellectual property - Employment law - Computers and IT - Law of contract - Law of tort - Environmental law - Health and safety law - Insolvency in construction - Administration of claims - Litigation - Arbitration - Adjudication
Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
This book serves as a resource for construction lawyers to prepare their cases for trial.
Updated throughout for this fourth edition, The Law of Construction Disputes maintains its position as a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. The book covers the construction dispute process by analysing the main areas from which disputes arise, up-to-date case law, and how to effectively deal with construction project disputes once they have arisen. It provides the legal practitioner with all the case law needed in one concise volume, and examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating to reach successful conclusions without litigation. Featuring expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners in this field of law and to construction professionals.
With a chapter on public procurement by Sarah Hannaford ; A commentary on JCT forms of contract by Adirian Williamson, and a commentary of the infrastructure conditions of contract by John Uff