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This book is specifically written to help construction, engineering and architecture students understand the standard forms of contract (PAM, CIDB, PWD and FIDIC Red Book). It looks at the basics of construction contracts and the required actions of the parties in relation to the contract terms and conditions. The topics include contract documents, contract sum, variations, time and money extensions for delay, payments, regular progress and completion, damages for delay in completion, suspension of work, termination, subcontracting, insurances and settlement of disputes. It tries to explain, simply, the contract provisions and procedures, rights and duties of the parties involved and the typical ways in which issues on cost, time and quality are addressed. Diagrams, tables and appendices are included as they are likely to improve understanding.
Contracts can be your first line of defense against delays. But they have tobe drafted very carefully. Construction Delay Claims gives youan in-depth analysis of all the pertinent clauses and details what they canand can't do to minimize delays and avoid litigation.Construction Delay Claims, Fourth Edition, by Barry B. Brambleand Michael T. Callahan is written for everyone involved with delay and impactconstruction claims--the most common form of disputes in the constructionindustry. You'll find that this resource presents the most thorough, detailedreview of delay claims liability available, including a complete descriptionof the entire process for filing and pursuing claims along with more than1,950 cases and analyses.Construction Delay Claims gives you the information you need todetermine your best course of action. The book presents detailed knowledgedrawn from the authors' thirty-five years of experience in the industry.You'll learn how to anticipate delays and mitigate damages through the use ofadvanced planning and immediate responses by the parties involved. You'll alsoreceive helpful instructions about the best use of construction schedules toavert delays, or to prove their impact if they do occur.Construction Delay Claims keeps you completely up-to-date withthe changes in the construction industry, and the construction litigationprocess. Coverage includes:Effective ways to challenge a claimant's use of the Total Cost Method ofCalculationThe effectiveness of "no damages for delay" clausesThe use of ADR methods to resolve delay claimsThe meaning and implication of concurrent delaysCumulative impact effect of multiple change ordersThe impact and probability of delays in design-build, construction management,and multiple prime contractingLatest research into the effect and measurement of lost productivityThe most recent assessments of how states are applying the Eichleayformula
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
In this unique guide to the suite of contracts published by FIDIC (The International Federation of Consulting Engineers) - the contract forms most widely used for international construction undertakings - twenty-two outstanding authorities in construction law from a wide variety of countries, describe relevant likely pitfalls (and special opportunities) for foreign lawyers in each of their jurisdictions. This very useful book will be extremely welcome to in-house counsel who must evaluate the legal disposition of a proposed or pending construction contract subject to the laws of a foreign jurisdiction. It will continue to be of service as long as the project proceeds and beyond, particularly for the optimal resolution of disputes.
The application of Shariah compliance in business transactions continues to increase. The Asian financial crisis of 1997, global financial crisis of 2007-2008, Enron scandal and other reported ills besieging conventional business transactions have led to advocates of Shariah-compliant business transactions promoting the latter as a credible alternative. However, unlike the banking, commerce and financial sectors, the uptake by the construction sector was sluggish due to limited understanding of Shariah among the practitioners and policymakers compounded by the lack of research and publications on its application for the construction sector.This book is intended for students, researchers, practitioners and policymakers of the construction industry as well as the related upstream and downstream activities. It offers basic theories, challenges current practices, and proposes innovative ideas on Shariah compliance and its application for the construction industry.Related Link(s)
Find Practical Solutions to Civil Engineering Design and Cost Management Problems A guide to successfully designing, estimating, and scheduling a civil engineering project, Integrated Design and Cost Management for Civil Engineers shows how practicing professionals can design fit-for-use solutions within established time frames and reliable budgets. This text combines technical compliance with practical solutions in relation to cost planning, estimating, time, and cost control. It incorporates solutions that are technically sound as well as cost effective and time efficient. It focuses on the integration of design and construction based on solid engineering foundations contained within a code of ethics, and navigates engineers through the complete process of project design, pricing, and tendering. Well illustrated The book uses cases studies to illustrate principles and processes. Although they center on Australasia and Southeast Asia, the principles are internationally relevant. The material details procedures that emphasize the correct quantification and planning of works, resulting in reliable cost and time predictions. It also works toward minimizing the risk of losing business through cost blowouts or losing profits through underestimation. This Text Details the Quest for Practical Solutions That: Are cost effective Can be completed within a reasonable timeline Conform to relevant quality controls Are framed within appropriate contract documents Satisfy ethical professional procedures, and Address the client’s brief through a structured approach to integrated design and cost management Designed to help civil engineers develop and apply a multitude of skill bases, Integrated Design and Cost Management for Civil Engineers can aid them in maintaining relevancy in appropriate design justifications, guide work tasks, control costs, and structure project timelines. The book is an ideal link between a civil engineering course and practice.
In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.