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This volume identifies the most critical driver for co-operative behavior—“Trust”. Its legal and behavioral implications will be carefully examined. Furthermore, a case study on the Mass Transit Railway Tseung Kwan O extension will help illustrate both theory and practice in perspective.This book provides a comprehensive discussion on trust in co-operative contracting. Directed from both management and legal perspectives with findings supported by empirical researches, it is hoped that professionals, researchers and students will find the book interesting. Published by City University of Hong Kong Press. 香港城市大學出版社出版。
Law is a lasting social institution, but it must also be responsive to change. In this volume Mary Arden draws upon her experience to examine how judge-made law adapts to the evolving demands of society, how law reform works in practice, and the future of the judiciary in our diverse modern culture.
Construction professionals of all kinds frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Building on the success of two previous editions, David Chappell returns to provide answers to 225 FAQs from his experience as Specialist Advisor to the RIBA. With 50 new questions, and thorough updates to address changes to the law and contracts, this is an invaluable first port of call for any construction law problem. Questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of practical completion, defects, valuation, certificates and payment, architects’ instructions, adjudication and fees. Among the new questions are: Is the contractor bound by its price even if there is an error? How do terms about working in a spirit of trust affect other clauses? Can architects lose their rights to certify under JCT 2011 contracts? Every question included has been asked of David Chappell during his career, and he uses his vast experience to provide clear, easy to follow advice in this book. Most were originally asked by architects, but the answers will be of wide interest to everyone involved in construction.
This tenth edition of David Chappell’s bestselling guide has been revised to take into account changes made in 2016 to payment provisions, loss and/or expense, insurance and many other smaller but significant changes, and includes a section on performance bonds and guarantees. This remains the most concise guide available to the most commonly used JCT building contracts: Standard Building Contract with quantities, 2016 (SBC16), Intermediate Building Contract 2016 (IC16), Intermediate Building Contract with contractor’s design 2016 (ICD16), Minor Works Building Contract 2016 (MW16), Minor Works Building Contract with contractor’s design 2016 (MWD16) and Design and Build Contract 2016 (DB16). Chappell avoids legal jargon and writes with authority and precision. Architects, quantity surveyors, contractors and students of these professions will find this a practical and affordable reference tool arranged by topic.
The guide that explores how procurement and contracts can create an integrated team while improving value, economy, quality and client satisfaction Collaborative Construction Procurement and Improved Value provides an important guide for project managers, lawyers, designers, constructors and operators, showing step by step how proven collaborative models and processes can move from the margins to the mainstream. It covers all stages of the project lifecycle and offers new ways to embed learning from one project to the next. Collaborative Construction Procurement and Improved Value explores how strategic thinking, intelligent team selection, contract integration and the use of digital technology can enhance the value of construction projects and programmes of work. With 50 UK case studies, plus chapters from specialists in 6 other jurisdictions, it describes in detail the legal and procedural route maps for successful collaborative teams. Collaborative Construction Procurement and Improved Value: Examines the ways to create an effective contract that will spell success throughout the procurement process Contains helpful case studies from real-world projects and programmes Explores the benefits of the collaborative construction process and how to overcome common obstacles Bridges the gaps between contract law, collaborative working and project management Includes the first analysis of the NEC4 Alliance Contract, the FAC-1 Framework Alliance Contract and the TAC-1 Term Alliance Contract
There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.
This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.
Provides a practical framework and toolkit for improved construction project outcomes based on trust and collaboration This book explores the concept of trust as a tool in improved construction procurement strategies, and provides important insight into the influence of trust on the success of construction projects and redevelopment programs. It is a practical guide that offers readers a solid outline and expert strategies for improving project outcomes through collaboration—ultimately proving that teamwork can really make the dream work. Building Collaborative Trust in Construction Procurement Strategies: A Practical Guide incorporates a toolkit, complete with flowcharts, to introduce certain trust building interventions within projects. It shows how initiatives and factors that influence collaborative trust can be easily implemented and embedded in construction management for improved practice. It also covers potential challenges, risks, problems, and barriers when it comes to trust. In addition, the book looks at the influences for collaborative trust in the construction industry as well as implications in practice for it in construction. It finishes by looking at the future of collaborative trust in construction procurement. Teaches the importance and influence of trust on collaborative working and partnerships principles Examines to what extent trust within collaborative working arrangements influences the success of collaborative working practices Covers the effect that certain factors and trust building mechanisms have on collaborative working and partnerships and how they can be embedded into procurement of projects Discusses what constitutes best practice and how trust in collaborative procurement practices influences the success of construction projects Building Collaborative Trust in Construction Procurement Strategies: A Practical Guide is an excellent book for construction management professionals, including clients, consultants, and contractors. It will also serve as a helpful text for undergraduate and postgraduate students and academics.