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Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?
Measurement in civil engineering and building is a core skill and the means by which an architectural or engineering design may be modelled financially, providing the framework to control and realise designs within defined cost parameters, to the satisfaction of the client. Measurement has a particular skill base, but it is elevated to an ‘art’ because the quantity surveyor is frequently called upon to interpret incomplete designs in order to determine the intentions of the designer so that contractors may be fully informed when compiling their tenders. Managing Measurement Risk in Building and Civil Engineering will help all those who use measurement in their work or deal with the output from the measurement process, to understand not only the ‘ins and outs’ of measuring construction work but also the relationship that measurement has with contracts, procurement, claims and post-contract control in construction. The book is for quantity surveyors, engineers and building surveyors but also for site engineers required to record and measure events on site with a view to establishing entitlement to variations, extras and contractual claims. The book focuses on the various practical uses of measurement in a day-to-day construction context and provides guidance on how to apply quantity surveying conventions in the many different circumstances encountered in practice. A strong emphasis is placed on measurement in a risk management context as opposed to simply ‘taking-off’ quantities. It also explains how to use the various standard methods of measurement in a practical working environment and links methods of measurement with conditions of contract, encompassing the contractual issues connected with a variety of procurement methodologies. At the same time, the many uses and applications of measurement are recognised in both a main contractor and subcontractor context. Measurement has moved into a new and exciting era of on-screen quantification and BIM models but this has changed nothing in terms of the basic principles underlying measurement: thoroughness, attention to detail, good organisation, making work auditable and, above all, understanding the way building and engineering projects are designed and built. This book will help to give you the confidence to both ‘measure’ and understand measurement risk issues by: presenting the subject of measurement in a modern context with a risk management emphasis recognising the interrelationship of measurement with contractual issues including identification of pre- and post-contract measurement risk issues emphasising the role of measurement in the entirety of the contracting process particularly considering measurement risk implications of both formal and informal tender documentation and common methods of procurement conveying the basic principles of measurement and putting them in an IT context incorporating detailed coverage of NRM1 and NRM2, CESMM4, Manual of Contract Documents for Highway Works and POM(I), including a comparison of NRM2 with SMM7 and a detailed analysis of changes from CESMM3 to CESMM4 discussing the measurement implications of major main and sub-contract conditions (JCT, NEC3, Infrastructure Conditions and FIDIC) providing detailed worked examples and explanations of computer-based measurement using a variety of industry-standard software packages
NEC Managing Reality is a series of manuals written by NEC experts well versed in using the NEC "at the coalface
The authoritative guide to the NEC4 Engineering and Construction Contract The New Engineering Contract (NEC) is one of the leading standard forms of contract for major construction and infrastructure projects. The latest edition of the contract (NEC4) is now a suite of contracts widely used in the UK, Australia, Hong Kong, South Africa, Ireland, and New Zealand. This timely and important book provides a detailed commentary on the latest edition of the main NEC4 Engineering and Construction Contract (NEC4 ECC) form. It explains how the contract is intended to operate and examines each clause to consider its application and legal interpretation. It also draws upon the author's highly successful third edition of the book covering the previous contract. It identifies and comments on the changes between the current and previous version of the form. After a brief introduction to the new edition of the form, The NEC4 Engineering and Construction Contract offers in-depth chapters covering everything from main options and secondary option clauses to risk assurances and NEC 4 family contracts. In between, readers will learn about general core clauses, the obligations and responsibilities of the contractor, testing and defects, payments, compensation events, and much more. Covers the latest version of the NEC Engineering and Construction Contract, the leading standard form contract for major construction projects Examines the new contract clause by clause and compares it with the previous edition Previous editions were widely acknowledged as detailed and fair analyses of the NEC contracts Written by a highly regarded contracts commentator, experienced arbitrator, and adjudicator The NEC4 Engineering and Construction Contract: A Commentary is an excellent book for construction industry professionals working for clients, employers, main contractors, project managers, subcontractors, and specialist contractors.
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.
Parrino's Fundamentals of Corporate Finance develops the key concepts of corporate finance with an intuitive approach while also emphasizing computational skills, enabling students to develop the critical judgments necessary to apply financial tools in real decision-making situations. The fourth edition offers a level of rigor that is appropriate for both business and finance majors.
Despite a clear distinction in law between equity and debt, the results of such a categorization can be misleading. The growth of financial innovation in recent decades necessitates the allocation of control and cash-flow rights in a way that diverges from the classic understanding. Some of the financial instruments issued by companies, so-called hybrid instruments, fall into a grey area between debt and equity, forcing regulators to look beyond the legal form of an instrument to its practical substance. This innovative study, by emphasizing the agency relations and the property law claims embedded in the use of such unconventional instruments, analyses and discusses the governance regulation of hybrids in a way that is primarily functional, departing from more common approaches that focus on tax advantages and internal corporate control. The author assesses the role of hybrid instruments in the modern company, unveiling the costs and benefits of issuing these securities, recognizing and categorizing the different problem fields in which hybrids play an important role, and identifying legal and contracting solutions to governance and finance problems. The full-scale analysis compares the U.K. law dealing with hybrid instruments with the corresponding law of the most relevant U.S. jurisdictions in relation to company law. The following issues, among many others, are raised: decisions under uncertainty when the risks of opportunism of the parties is very high; contract incompleteness and ex post conflicts; protection of convertible bondholders in mergers and acquisitions and in assets disposal; use of convertible bonds to reorganise and restructure a firm; timing of the conversion and the issuer’s call option; majority-minority conflict in venture capital financing; duty of loyalty; fiduciary duties to preference shareholders; and financial contract design for controlling the board’s power in exit events. Throughout, the analysis includes discussion, comparison, and evaluation of statutory provisions, existing legal standards, and strategies for protection. It is unlikely that a more thorough or informative account exists of the complex regulatory problems created by hybrid financial instruments and of the different ways in which regulatory regimes have responded to the problems they raise. Because business parties in these jurisdictions have a lot of scope and a strong incentive to contract for their rights, this book will also be of uncommon practical value to corporate counsel and financial regulators as well as to interested academics.
Green Banking is the first guide encompassing all the disciplines necessary to realize renewable energy projects. This book focuses on cost-competitive and mature technologies, and on the processes enabling to develop, finance and execute such utility-scale projects. The book starts with the aspects relevant for every form of renewable energy. It covers essential themes such as the role of renewables amid a changing energy world, the importance of the regulatory regime, its social acceptance and bankability criteria, to name only a few. Chapters describe project financings vehicles for a range of renewable energy technologies including solar photovoltaic power plants, onshore wind farms and offshore wind farms. The book give readers a unique perspective on how renewable energy projects are realized, and is a go-to reference manual for understanding how the different project stakeholders act. All of the articles are provided by authors with an ample experience in renewable energies and many years experience. This book is especially useful for people working in this industry or students willing to get better knowledge out of their field of experience.