Liquidated damages and extensions of time are complex subjects, frequently forming the basis of contract claims made under the standard building and civil engineering contracts. Previous editions of Liquidated Damages and Extensions of Time are highly regarded as a guide for both construction industry professionals and lawyers to this complex area.
The law on time and damages continues to develop with an increasing flow of judgments from the courts. Alongside this, the standard forms of contract have also developed over time to reflect prevailing approaches to contractual relationships. Against this background a third edition will be welcomed by construction professionals and lawyers alike. Retaining the overall approach of the previous editions, the author clarifies, in a highly readable but legally rigorous way, the many misunderstandings on time and damages which abound in the construction industry. The third edition takes account of a large volume of new case law since the previous edition was published over ten years ago, includes a new chapter on delay analysis and features significantly expanded chapters on penalty clauses, the effects of conditions precedent and time-bars, and the complexities of causation.

This collection examines critically, and with an eye to reform, conceptions and conditions of corporate blameworthiness in law. It draws on legal, moral, regulatory and psychological theory, as well as historical and comparative perspectives. These insights are applied across the spheres of civil, criminal, and international law. The collection also has a deliberate focus on the 'nuts and bolts' of the law: the legal, equitable and statutory principles and rules that operate to establish corporate states of mind, on which responsibility as a matter of daily legal practice commonly depends.The collection therefore engages strongly with scholarly debates. The book also speaks, clearly and cogently, to the judges, regulators, legislators, law reform commissioners, barristers and practitioners who administer and, through their respective roles, incrementally influence the development of the law at the coalface of legal practice.

The United States Supreme Court was created in 1787 by the drafters of the Constitution almost as an afterthought, and it did very little in its early years. It soon turned out, however, that the Founders had wrought far, far greater than they knew. They had created a tribunal of Philosopher Kings. Surprisingly non-rigorous processes selected The Justices who inhabit these pages, and many have been barely suitable, or outright unsuitable for the job. For every creative, elemental force like Justice John Marshall there were many who did not belong on the Court, such as Justice Charles Whitaker who wept because he couldn't make up his mind about the cases he was called upon to decide. Most were, of course, competent enough to do their jobs more or less acceptably. And that has been the hallmark of our government institutions-do things well enough for respectable survival, perform brilliantly if possible when history demands, and correct your disasters with the benefit of hindsight when God gives you the opportunity.

If the stories in this book seem familiar, there is a reason. The Supreme Court is an intensely human institution, and we all know what that is about.

This book investigates the regulation and promotion of financial inclusion and provides a comparative analysis of the regulation, promotion and enforcement of the relevant laws in the SADC (in particular, South Africa, Namibia, Botswana and Zimbabwe), as well as the challenges of financial inclusion. In turn, it evaluates financial inclusion in the context of specific challenges faced by unbanked and underbanked customers, who are easy targets for cyber criminals because they tend to have lower levels of digital literacy. The book presents novel discussions that identify the challenges and flaws associated with the enforcement of financial inclusion laws and related measures intended to promote financial inclusion in the SADC region. This is primarily done in order to reveal the current strengths and weaknesses of financial inclusion laws in relation to certain aspects of the companies, securities and financial markets in the region. For example, there is no common financial inclusion instrument/law that is effectively and uniformly applied throughout the SADC. This has impeded the enforcement authorities' efforts to effectively combat financial exclusion across the region.The book is likely the most comprehensive study to date on the regulation and promotion of financial inclusion in the SADC region and fills a major gap in SADC and African legal jurisprudence. As such, it offers a valuable asset for policymakers, attorneys, bankers, securities (share) holders, and other market participants who deal with financial inclusion, as well as undergraduate and graduate students interested in the topic.

Built on a foundation on property law, lead author, Marissa Pagnattaro from University of Georgia, and the entire authorship team, bring a fresh perspective emphasizing the importance of understanding laws and regulations that are fundamental foundations for business in The Legal and Regulatory Environment of Business. Using court cases and engaging examples in the Sidebars of the text that are relevant for business, the authors underscore how learning about the law is essential to understand how the law can be used for strategic advantage and how to develop sustainable business practices. This emphasis, along with the rich array of cases and examples, makes the text suited for both legal environment and business law courses.

This book is a compilation of the best papers presented at the APEF 2019 conference which was held on 25th and 26th July 2019 at the Grand Copthorne Waterfront in Singapore. With a great number of submissions, it presents the latest research findings in economics and finance and discusses relevant issues in today's world. The book is a useful resource for readers who want access to economics, finance and business research focusing on the Asia-Pacific region.

This book gathers selected peer-reviewed papers from the 15th World Congress on Engineering Asset Management (WCEAM), which was hosted by The Federal University of Mato Grosso do Sul Campo Grande, Brazil, from 15--18 August 2021 This book covers a wide range of topics in engineering asset management, including: strategy and standards; sustainability and resiliency; servitisation and Industry 4.0 business models; asset information systems; and asset management decision-making. The breadth and depth of these state-of-the-art, comprehensive proceedings make them an excellent resource for asset management practitioners, researchers, and academics, as well as undergraduate and postgraduate students.

Innovating Construction Law: Towards the Digital Age takes a speculative look at current and emerging technologies and examines how legal practice in the construction industry can best engage with the landscape they represent. The book builds the case for a legal approach based on transparency, traceability and collaboration in order to seize the opportunities presented by technologies such as smart contracts, blockchain, artificial intelligence, big data and building information modelling. The benefits these initiatives bring to the construction sector have the potential to provide economic, societal and environmental benefits as well as reducing the incidence of disputes. The author uses a mixture of black letter law and socio-legal commentary to facilitate the discourse around procurement, law and technology. The sections of the book cover the AS IS position, the TO BE future position as predicted and the STEPS INBETWEEN, which can enable a real change in the industry. The rationale for this approach lies in ensuring that the developments are congruent with the existing frameworks provided by the law. The book proposes various steps that the industry should seriously consider taking from the current position to shape the future of the sector and ultimately create a better, more productive and sustainable construction industry. This book is a readable and engaging guide for students and practitioners looking to learn more about construction law and its relationship with technology and for those seeking a platform for graduate studies in this area.

This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit IP rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts. Fairness, Morality and Ordre Public in Intellectual Property addresses questions about which outcomes of IP use can be defined as fair or moral, to whom they may be considered fair or unfair, and which criteria should be used to decide. Chapters examine these issues through topics such as fairness in copyright law, economic aspects of fairness, the intersection of human rights principles and indigenous peoples? heritage rights with IP, and the pricing of pharmaceutical drugs.Scholars and researchers working in IP, international trade and public international law policy will find this book to be critical reading. It will also be relevant to international IP law practitioners and policy makers.

The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.

As usage of the NEC (formerly the New Engineering Contract) family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. Currently in its third edition, this set of contracts is different to others in concept as well as format, so users may well find themselves needing a helping hand along the way. Understanding the NEC3 ECC Contract uses plain English to lead the reader through the NEC3 Engineering and Construction Contract's key features, including: main and secondary options the use of early warnings programme provisions payment compensation events preparing and assessing tenders. Common problems experienced when using the Engineering and Construction Contract are signalled to the reader throughout, and the correct way of reading each clause explained. The way the contract effects procurement processes, dispute resolution, project management, and risk management are all addressed in order to direct the user to best practice. Written for construction professionals, by a practicing international construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC3 ECC available. An ideal companion for employers, contractors, project managers, supervisors, engineers, architects, quantity surveyors, subcontractors, and anyone else interested in working successfully with the NEC3 ECC.

Provides an overview and assessment of infrastructure's legal and governance underpinnings. Focuses on the legal and governance underpinnings of infrastructure projects. Important socio-legal supplement to the current 'infrastructure turn'. Of interest to students in the areas of sociolegal studies, urban sociology, urban studies, urban geography, planning, public law and contract law, as well as practitioners involved in infrastructure projects.

Principles of Law and Economics, Third Edition provides a comprehensive yet accessible guide to the field of law and economics. With its focus on principles, and use of illustrative examples, this is the ideal introduction for law students, with or without prior knowledge of economics. The textbook focuses largely on the economics of core areas in common law: property, contract and tort, with additional chapters on criminal law, procedural matters and family law. This updated third edition also includes a chapter on the economics of corporate law that addresses the key issues surrounding the nature of the firm and the incentives attached to corporate legal structures. Key features include:? Clear and succinct language used throughout with limited use of jargon or specialist terms An educational design which is accessible for use by students of law and economics alike? Economic analysis and legal principles treated in a self-contained manner for ease of reference? Legal cases summarized for the benefit of highlighting relevant economic issues ? A focus on the common law, including comparative references to civil law? Review questions at the end of each chapter to encourage further analysis and debate around key topics. The clear and non-technical approach to the subject matter makes this a perfect text for law students, or indeed for students in economics or business studies who are studying law and economics for the first time.

This book examines the law and its development trends in the area of corporate social responsibility (CSR) in Vietnam. It is an important reference in implementing the requirements of CPTPP and EVFTA in Vietnam, and it is also very important in improving the legal framework in Vietnam to comply with international standards, especially in the areas of labor, environment and consumer protection, and in raising awareness of CSR among Vietnamese companies. Many articles in this book analyze and assess the legal status of CSR, thus providing a number of constructive suggestions for improving the relevant laws in Vietnam. Corporate social responsibility is not only the contribution of corporate philanthropy to society, but also the compliance of companies with international standards and national laws in the fields of labor, environment, investment, labor security, social security, etc.  Against the backdrop of Vietnam's growing international integration, the requirement of corporate social responsibility has been, and continues to be, paramount in business activities. It is not only a need at the enterprise level, but is also related to the internationalization of international standards and the improvement of national laws on CSR.

Over the past two decades public accountability has become not only an icon in political, managerial, and administrative discourse but also the object of much scholarly analysis across a broad range of social and administrative sciences. This handbook provides a state of the art overview of recent scholarship on public accountability. It collects, consolidates, and integrates an upsurge of inquiry currently scattered across many disciplines and subdisciplines. It provides a one-stop-shop on the subject, not only for academics who study accountability, but also for practitioners who are designing, adjusting, or struggling with mechanisms for accountable governance. Drawing on the best scholars in the field from around the world, The Oxford Handbook of Public Accountability showcases conceptual and normative as well as the empirical approaches in public accountability studies. In addition to giving an overview of scholarly research in a variety of disciplines, it takes stock of a wide range of accountability mechanisms and practices across the public, private and non-profit sectors, making this volume a must-have for both practitioners and scholars, both established and new to the field.

This book explores the regulation of emerging technologies. Developments such as bitcoin (based on blockchain technology), artificial intelligence, quantum computing, and other technical advances have the potential to revolutionize many aspects of everyday life. As with other significant occurrences, especially when coupled by financial rewards, there are the inevitable attempts to reap gains unlawfully. This book examines the legal and regulatory enactments that attempt to undermine the risks to society as well as the dangers to individual freedoms that the technologies present when abused by governmental and non-governmental authorities. Included are discussions of the dangers to the right of privacy posed by facial recognition, physical location tracking, automated license plate recognition (ALPR) and other evolving applications of technology. This book is an invaluable resource for those interested in the regulation of emerging technologies particularly as they relate to blockchain, artificial intelligence, and the most current advances in quantum computing. Emphasis is focused on invasion of privacy, particularly by government authorities, antitrust implications of private companies and the efforts of international entities to counter alleged abuses by them.

This book gathers selected peer-reviewed papers from the 16th World Congress on Engineering Asset Management (WCEAM), held in Seville from 5-7 October 2022. This book covers a wide range of topics in Engineering Asset Management, including: Asset management and decision support system Industry 4.0 tools and its impact on asset management Monitoring, diagnostics and prognostics for smart maintenance Asset life cycle management Asset management in the industrial sector Human dimensions and asset management performance Infrastructure Asset management Asset condition, risk, resilience, and vulnerability assessments Asset operations and maintenance strategies Reliability and resilience engineering Applications of international and local guidelines and standards The breadth and depth of this state-of-the-art, comprehensive proceedings make it an excellent resource for asset management practitioners, researchers and academics, as well as undergraduate and postgraduate students.

As digital technologies develop, companies envision new ways to incorporate ever more disparate elements in their products, such as the combination of computing power and telecommunications in modern smart phones. Interdisciplinary Perspectives on Business Convergence, Computing, and Legality investigates the development of convergent and interoperable systems in business environments, with a particular focus on potential legal implications that emerge when a company begins branching out into domains traditionally occupied by suppliers and consumers. Business and law professionals both in academia and in practice will use this book to gain a greater understanding of the growth of convergence in the field of information technologies and how such transformations affect business practices around the world.

A guide to real-world applications of The 2010 Americans with Disabilities Act Standards for Accessible Design

"Applying the ADA" helps architects and developers understand better how the rules for eliminating barriers in the built environment apply to everyday life and how to best implement them in the design and construction of a broad variety of buildings and facilities.

By showing how The 2010 Americans with Disabilities Act Standards for Accessible Design have been applied in various contexts and building types, this extensively illustrated guide helps readers quickly understand the requirements of the standards and how to apply them to both new construction and renovation. Written by an architect who consults regularly on accessibility issues for design professionals, building owners, and facility managers, this user-friendly guide features 100 photos and 150 drawings that take the guesswork out of applying the standards to real-world projects. Building types covered include: Healthcare and senior living facilities and hospitalsCollege and university facilitiesElementary and high schoolsHotels and other transient lodging facilitiesAmusement parks and play areasHistoric preservation and remodelsRetail and office spaces

"Applying the ADA" is an indispensable resource for architects, interior designers, owners, developers, and facility managers. It is also important reading for students of architecture and interior design.

This guide is written to show users how to complete the simple communication forms provided for the NEC3 Professional Services Contract (PSC). Clarity of communications, in a form that can be read, copied and recorded, should assist compliance with the contract and reduce misunderstandings and disputes.

This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists. Contributors include: R.G. Bone, C.M. Correa, R. Denicola, R.S. Eisenberg, V. Falce, H. First, J.C. Fromer, G. Ghidini, C.T. Graves, M.A. Lemley, D.S. Levine, D.E. Long, M.L. Lyndon, M.J. Madison, F.A. Pasquale, J.H. Reichman, M. Risch, P. Samuelson, S.K. Sandeen, G. Van Overwalle, E. von Hippel, D.L. Zimmerman

This book considers how a regulatory enforcement policy should be designed to efficiently induce proactive corporate compliance.It first explores two major schools of thought regarding law enforcement, both the deterrence and cooperative approaches, and shows that neither of these represents an optimal regulatory enforcement paradigm from a social welfare perspective. It provides a critical analysis of recent developments in US Federal corporate liability regimes, and proposes a generic framework that better tailors sanction schemes and monitoring systems to regulatee performance. The proposed framework efficiently induces corporate proactive compliance, while maintaining an optimal level of deterrence. This insightful book will appeal to academics in law and economics, behavioral economics, criminology, and business, as well as to practitioners and policymakers. Contents: Prologue: The President Coolidge 1. Introduction Part I: Major Schools of Thought Regarding Law Enforcement 2. Deterrence-based Regulatory Enforcement 3. Cooperative Enforcement 4. The Reconciliation of Deterrence-based and Cooperative Enforcement Part II: Corporate Liability and the Incentive Apparatus for Corporate Proactive Compliance 5. Corporate Liability and Compliance Management Systems 6. Corporate Liability Regimes: A Law and Economics Analysis Part III: Corporate Monitors: Can 'Swords' Turn Into 'Shields'? 7. Corporate Monitors: The Emerging Framework of Deferred Prosecution Agreements 8. Corporate Monitors: Facilitating an Efficient Targeted Monitoring System 9. Concluding Remarks Bibliography Index

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC may need to be supplemented by Particular Conditions that specify the specific requirements of that project and jurisdiction. FIDIC Contracts in the Americas: A Practical Guide to Application provides readers with an overview of the legal environment, the construction industry and features of contract law applying to construction contracts in a number of jurisdictions in the Americas. It provides detailed guidance for the preparation of the Particular Conditions for FIDIC contracts that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract. This book also details the impact of COVID-19 on both the execution of construction projects and the operation of construction contracts in each jurisdiction. This book is essential reading for construction professionals, lawyers and students of construction law.

In The Arizona State Constitution, John D. Leshy provides a comprehensive history of Arizona's constitutional development. Adopted at the height of the progressive movement, the Constitution contains many progressive innovations. Leshy describes these along with the dramatic changes the state has undergone in subsequent decades. He also includes a section-by-section commentary which crisply discusses the evolution and interpretation of each section, including significant court decisions. Thoroughly updated to reflect amendments and court cases through the fall of 2012, the second edition of The Arizona State Constitution is an essential reference guide for readers who seek a rich account of Arizona's constitutional evolution.
The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.