Most construction lawyers are familiar with the American Institute of Architects (AIA), Engineers Joint Contract Documents Committee (EJCDC) forms of agreements, and the newer ConsensusDOCS forms. The ConsensusDocs forms replace many of the forms previously issued by the Associated General Contractors of America (AGC). Now completely revised, this invaluable resource offers a topic-by-topic comparison of these forms by providing: An easy-reference guide to how the AIA, ConsensusDOCS and EJCDC forms treat the most significant issues in owner/contractor/subcontractor and owner/design professional agreements Proposed alternative language for situations where the form contract approach may not provide the best solution List comparing the most significant provisions from each of these forms (on the CD-ROM)"
Author: David Chappell
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.
Author: John Murdoch, Will Hughes
Although the legal principles involved in construction contracts and their management and administration are an aspect of general contract law, the practical and commercial complexities of the construction industry have increasingly made this a specialist field. Recognizing this, Construction Contracts is a fully revised edition of the UK’s leading textbook on the law governing this area. Brought up to date with recent cases and developments in the law as it stands at July 2000, this new edition: takes full account of the effects of the Housing Grants, Construction and Regeneration Act 1996, the Arbitration Act 1996, the Contracts (Rights of Third Parties) Act 1999 and the changes in the legal system brought about by the Woolf reforms includes extended coverage of financial protection, construction insurance and tendering controls, as well as the Construction (Design and Management) Regulations has been revised to take account of changes to the common standard-form contracts, particularly the New Engineering Contract and the GC/Works family of contracts. Retaining the same basic approach as its successful predecessors, this important text introduces the general principles that underlie contracts in construction, illustrating them by reference to the most important standard forms currently in use.
Many large construction projects, such as those in the Middle East or Asia Pacific, are international in scope with a range of contractors and subcontractors signing contracts for delivery of specified work or services. The contractual situation in these instances may be complex and potentially includes a range of standard and bespoke contractual arrangements. In addition, the parties to these contracts may be based in different parts of the world, and are often working to different legal systems and understandings. This can lead to confusion in the understanding, interpretation and execution of a given contract. International Construction Contracts provides concise and practical guidance to those involved in the negotiation and management of international construction and engineering contracts. It sets out in clear, straightforward language the main features of construction contracts and international dispute resolution procedures. It ensures the reader is aware of the issues that might arise on the contractual side of their project so that they may better protect their party's interests. Many of the features and points discussed are illustrated by reference to the popular FIDIC contracts and the book includes a commentary on the two most widely used FIDIC design-build forms, the Yellow and Silver Books. Also included in the book is a fully worked example of a typical ICC arbitration from start to finish, with "pleadings", a detailed case narrative and commentary on events, and an example arbitration award. The ICC and SIAC arbitration rules are also provided. Written for construction professionals, the book will be of great interest to engineers, architects, project managers, quantity surveyors, contract managers and contract administrators working on international projects.
This exploration of the basics of contracts as applied to the construction industry focuses 1) upon the different types of contracts and their fundamentals as they apply to, and affect, owners, contractors, designers, subcontractors, suppliers, etc., 2) on the impact of information technology on contracts and contracting, and 3) on the effect of contracts on the management, administration, and the costs of construction work. Using the published standard forms of construction contracts as models and guides, it helps readers develop an understanding not only of the contract process in general, but also why one type of contract should be used rather than another in a given situation. The Nature of Contracts. Construction Contracts. Stipulated-Sum Contracts. Cost-Plus-Fee Contracts. Unit-Price Contracts. Contracts with Quantities. Subcontracts and Supply Contracts. Arrangements of Contracts for Construction. Design-Build Contracts. Documents for Contracts. Bidding for Contracts. Negotiating Construction Contracts. Administration of Contracts. Claims and Disputes. Changes in the Work of Contracts. Contract Time. Completion of Contracts and Payments. The Uncovering and Correction of Work in Contracts. For construction practitioners; and also for members of the legal profession who want to see construction contracts from the standpoint of those directly involved in construction and who want to better understand why and how a construction contract should be designed for a particular project.
Author: Edward Whitticks
In this superb new volume, Edward Whitticks has charted the course for anyone working with contracts and dispute control in oil and gas, one of the most volatile industries in the world. His practical, straightforward approach will move you step by step through the process of contractual negotiations, bids and closeouts. For anyone working in the oil and gas industry today, finding your way through the maze of contract management seems more cutthroat and challenging than ever before. In Construction Contracts, Edward Whitticks dispels the myth that “there has to be a winner and a loser in contractual management and dispute control. As a desktop companion for project managers and engineers, contract administrators, cost scheduling engineers and others engaged in the field of refinery, pipeline and petrochemical construction, this book covers the entire contract process.
Federal Construction Law for Construction Professionals Any firm intent on benefitting from the boom in federal government construction contracts must navigate an increasingly complicated and demanding set of laws, regulations, and practices that govern these projects and the contractors performing them. To help guide you through this maze, here is the updated edition of the easy-to-understand guide to the practical reality of these special requirements, and how managers and owners of construction industry firms can use them to effectively avoid pitfalls on current projects and compete successfully for new projects. Smith, Currie & Hancock's Federal Government Construction Contracts, Second Edition walks the reader through actual federal contracts, highlights critical clauses, and simplifies governmental and legal jargon to provide ease of use by the nonlawyer. Updates to this Second Edition include: Coverage of the newly enacted American Recovery and Reinvestment Act of 2009 Specifics of federal government grants to state and local public construction contracts New insights on Design-Build, Early Contractor Involvement (ECI), BIM, Green Construction, and Web-based project management techniques used by the federal government A revised look at the increasingly detailed business ethics and compliance program requirements for contractors and subcontractors as mandated by the federal government for its contractors A unique Web site at www.wiley.com/go/federalconstructionlaw provides the user with a Table of Acronyms and Terms commonly found in federal government contracts, an extensive list of Web sites of interest to federal government construction contractors, checklists, sample forms, as well as specifications related to innovations in project delivery By making transparent the many rights, risks, and legal responsibilities involved in a federal government construction project, Smith, Currie & Hancock's Federal Government Construction Contracts, Second Edition provides construction industry professionals—from general contractors, subcontractors, and designers to surety bond agents—with the insight and understanding they need to avoid problems and run a successful project from start to finish.
Author: Will Hughes, Ronan Champion, John Murdoch
The fourth edition of this unparalleled text has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. Introducing this topic at the core of construction law and management, this book provides students with a one-stop reference on construction contracts. Significant new material covers: procurement tendering developments in dispute settlement commentary on all key legislation, case law and contract amendments up to July 2007. In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and an extremely useful source of reference for practitioners.
Construction is a complex business. Each project has its own unique physical and commercial considerations. Since there’s no such thing as a “standard” or “typical” construction project, construction contracts should also not be considered standard. The contractor must carefully manage both in order to have a successful outcome and protect the company’s interests and assets. This book will help you manage all these elements of the contract: Scope of work and schedule Terms of payment and cash flow Assurances of performance Insurance, bonding, indemnity, and warranties Changes to the contract Disputes and their resolution Damages Termination and suspension Force majeure International contracting
A straightforward description providing readers with a guide to contract law as it relates to construction contracting. Thoroughly explains when a lawyer may or may not be needed and offers guidance for working with one. Prior notice provisions, no damage for delay clauses and conditional payment provisions are among the topics covered. Includes hundreds of actual construction cases.
Written by an engineer and construction lawyer with many years of experience, The Application of Contracts in Engineering and Construction Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. Compiling papers written and edited by the author, it draws together a lifetime of lessons learned in these fields and covers the topics a practicing professional might encounter in such a project, developed in bite-sized chunks. Key topics included are: the engineer and the contract; the project and the contract; avoidance and resolution of disputes; forensic engineers and expert witnesses; and international construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into, and the consequences that may ensue if this is not done, makes The Application of Contracts in Engineering and Construction Projects essential reading for construction professionals, lawyers and students of construction law.
Construction Contract Law
Author: Mr John Adriaanse
Publisher: Macmillan International Higher Education
Covering the essentials of construction contracts, including how the law has developed, the reasoning behind key clauses and how contract law is applied in practice, this is an invaluable guide for students at undergraduate and postgraduate level, as well as for professionals working in the field.
Delay and disruption in the course of construction impacts upon building projects of any scale. Now in its 5th edition Delay and Disruption in Construction Contracts continues to be the pre-eminent guide to these often complex and potentially costly issues and has been cited by the judiciary as a leading textbook in court decisions worldwide, see, for example, Mirant v Ove Arup  EWHC 918 (TCC) at  to  per the late His Honour Judge Toulmin CMG QC. Whilst covering the manner in which delay and disruption should be considered at each stage of a construction project, from inception to completion and beyond, this book includes: An international team of specialist advisory editors, namely Francis Barber (insurance), Steve Briggs (time), Wolfgang Breyer (civil law), Joe Castellano (North America), David-John Gibbs (BIM), Wendy MacLaughlin (Pacific Rim), Chris Miers (dispute boards), Rob Palles-Clark (money), and Keith Pickavance Comparative analysis of the law in this field in Australia, Canada, England and Wales, Hong Kong, Ireland, New Zealand, the United States and in civil law jurisdictions Commentary upon, and comparison of, standard forms from Australia, Ireland, New Zealand, the United Kingdom, USA and elsewhere, including two major new forms New chapters on adjudication, dispute boards and the civil law dynamic Extensive coverage of Building Information Modelling New appendices on the SCL Protocol (Julian Bailey) and the choice of delay analysis methodologies (Nuhu Braimah) Updated case law (to December 2014), linked directly to the principles explained in the text, with over 100 helpful "Illustrations" Bespoke diagrams, which are available for digital download and aid explanation of multi-faceted issues This book addresses delay and disruption in a manner which is practical, useful and academically rigorous. As such, it remains an essential reference for any lawyer, dispute resolver, project manager, architect, engineer, contractor, or academic involved in the construction industry.