Competitive dialogue is a procedure introduced into the EU procurement system in 2004 to provide an improved method for awarding complex contracts, such as those for public infrastructure and major IT systems. This book provides a critical examination of the legal rules on this new procedure, focusing in particular on grey areas such as availability of the procedure and the scope for negotiations after 'final tenders'. It considers both the EU-level rules and the way in which those rules have been applied in national systems. The examination draws on extensive evidence of the way in which the procedure has been operated and interpreted across Europe, including from several studies commissioned specifically for this volume. It also includes an extensive chapter co-authored by the volume editors which provides a thorough analysis of the EU-level rules, a comparative reflection on national experiences and significant critical commentary and recommendations.

This highly readable guide explains the main features of contracts applicable to the design, construction and servicing of civil, building, electrical or mechanical works. The emphasis throughout is on practical guidance, with clear explanations of the essential elements including legality, uncertainty, undue influence, agencies, overseas works, sub-contracts and quality assurance. Numerous appendices give common terms used in contracts, typical sets of standard conditions and further useful information. The book is particularly suitable for those new to the subject who will find practical guidance on understanding contracts in a wide range of civil engineering and construction works.

This E. & F. N. Spon title is now distributed by Routledge in the US and Canada This title available in eBook format. Click here for more information. Visit our eBookstore at: www.ebookstore.tandf.co.uk.

This book is a step-by-step practical guide on how to achieve successful projects in EPC/turnkey contracting and construction. Mapping out the shape of a project, the book spells out where things often go wrong, where and why disputes arise, and how to avoid conflicts. It is a key reference point for all involved in the contract, making it attractive to legal practitioners, construction industry professionals, and government officials involved with these projects.

How the problematic behavior of private citizens-and not just the police force itself-contributes to the perpetuation of police brutality and institutional racism "Warning: Neighborhood Watch Program in Force. If I don't call the police, my neighbor will!" Signs like this can be found affixed to telephone poles on streets throughout the US, warning trespassers that the community is an active participant in its own policing efforts. Thijs Jeursen calls this phenomenon, in which individuals take on the responsibility of defending themselves and share with the police the duty to mitigate everyday insecurity, "vigilant citizenship." Drawing on eleven months of fieldwork in Miami and sharing the stories and experiences of police officers, private security guards, neighborhood watch groups, civil society organizations, and a broad range of residents and activists, Jeursen uses the lens of vigilant citizenship to extend the analysis of police brutality beyond police encounters, focusing on the often blurred boundaries between policing actors and policed citizens and highlighting the many ways in which policing produces and perpetuates inequality and injustice. As a central premise in everyday policing, vigilant citizenship frames racist and violent policing as matters of personal blame and individual guilt, ultimately downplaying the realities of how systemically race operates in policing and US society more broadly. The Vigilant Citizen illustrates how a focus on individualized responsibility for security exacerbates and legitimizes existing inequalities, a situation that must be addressed to end institutionalized racism in politics and the justice system.

Towns are complicated places. It is therefore not surprising that from the beginnings of urban development, towns and town life have been regulated. Whether the basis of regulation was imposed or agreed, ultimately it was necessary to have a law-based system to ensure that disagreements could be arbitrated upon and rules obeyed. The literature on urban regulation is dispersed about a large number of academic specialisms. However, for the most part, the interest in urban regulation is peripheral to some other core study and, consequently, there are few texts which bring these detailed studies together. This book provides perspectives across the period between the high medieval and the end of the nineteenth century, and across a geographical breadth of European countries from Scandinavia to the southern fringes of the Mediterranean and from Turkey to Portugal. It also looks at the way in which urban regulation was transferred and adapted to the colonial empires of two of those nations.

Almost all buildings erected or altered in England and Wales must satisfy the requirements of the building regulations. This essential reference has been revised in line with new legislation up to January 2004, including important revisions to Parts B, E, H, J, L1, L2, and M and an outline of the proposed Part P. Each chapter explains in clear terms the appropriate regulation and any other legislation, before explaining the approved document. The Appeals and Determinations have been repositioned at the end of each chapter. Publications lists and relevant sources of information are also included, together with annexes devoted to legislation relevant to the construction industry, determinations made by the Secretary of State, and sample check lists. This highly illustrated and practical approach to the subject makes this the indispensable, one-stop reference guide for professionals and students.

The 2008 financial crisis brought increased scrutiny to the ways in which the directors of the world's major financial institutions handle their duties and how they impact investors, shareholders and consumers. In this comprehensive Handbook, leading scholars from around the world explore the nature of the relationship between a company and its directors, assessing issues such as how duties are discharged, what liabilities may arise and whose interests directors should consider before embarking on commercial ventures.The Handbook begins with chapters that explore the range of company law developments in several common law countries, with further chapters examining the law in several civil law jurisdictions. The Handbook then looks beyond company law to issues such as the role of directors in fostering corporate social responsibility and directors' duties to consumers. The final chapters consider directors' duties in times of financial turmoil. A comprehensive and ground-breaking book of original scholarly research, the Handbook will be a valuable contribution to the libraries of company law scholars and students, as well as to business people with a professional interest in the topic. Contributors: C. Amatucci, A. Anand, V. Brand, T.A. Gabaldon, M.M. Harner, J.G. Hill, S.H. Goo, M. Jaramillo, D. Klingler, A. Lista, J. MacIntosh, A. Paolini, P. Pais de Vanconcelos, S. Watson

This book gathers Polish and foreign scholars to consider diverse aspects of Transatlantic Trade and Investment Partnership (TTIP). It examines key general areas such as the improvement of the position of the negotiating parties in the world economy, in politics and in international organisations. The contributors analyze possible acceleration of non-discriminatory liberalisation negotiations, creation of new international standards or reducing regulatory differences, such as "Investor-state dispute settlement" (ISDS), public health, geographical indications. The contributions focus also on specific issues, such as the impact of TTIP on Polish and EU economy, on merchandise and services trade, energy supply, research and development, Information and Communication Technologies (ICT), or on the third parties.

A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law.
Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading.
Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.

This work investigates the challenges of enforcement of patent rights in geographically divisible inventions. It considers aspects of technological progress which pose challenges to the established system of patent protection based on the territorial limitation of rights. The analysis focuses on substantive patent law, especially on the infringement provisions. It is carried out in the context of Internet-related inventions, which demonstrate an extraordinarily construed technical nature, namely geographical divisibility. This leads to the inquiry of whether the infringement standard is appropriate in relation to the technological development in ICTs.

This guide will help the contractor's staff overcome some of the difficulties encountered on a typical international contract using FIDIC forms.

The majority of FIDIC-based contracts use the Red Book (Conditions of Contract for Construction), so this book concentrates on the use of those particular forms. Supplementary comments are included in Appendix C for the Yellow Book (Plant & Design-Build) recommended for use where the contractor has a design responsibility.
The Contractor is represented on site by the Contractor's Representative who carries the overall responsibility for all the Contractor's on-site activities. In order to provide guidance to the Contractor's Representative and his staff, this book is divided into five sections: A summarized general review of the Red Book from the Contractor's perspective.A review of the activities and duties of the Contractor's Representative in the same clause sequencing as they appear in the Red Book.A summary of these activities and duties but arranged in order of their likely time sequence on site. This has the added intention of providing the Contractor's Representative with a means of ensuring that documents are not only properly provided to the Employer and Engineer, but most importantly that they are provided within the time limits specified in the Contract.A selection of model letters is provided which make reference to the various clauses of the contract requiring the Contractor to make submissions to the Employer or Engineer.Various appendices.

The guide is not intended to be a review of the legal aspects of FIDIC- based contracts; legal advice should be obtained as and when necessary, particularly if the Contractor has little or no knowledge of the local law.

Armed on site with a copy of The Contractor and the FIDIC Contract, the Contractor's Representative will be more able to avoid contractual problems rather than spend considerable time and energy resolving those problems once they have arisen.

Your own in-house legal advisor at a fraction of the cost Written in plain-English for business people without any legal training, Law For Small Business For Dummies covers everything you need to be aware of regarding the law when you're starting and running your own business. Cutting through the jargon that can make even the pros scratch their heads, this book quickly gets you up-to-speed on the key areas of business law, including contracts, websites, intellectual property, data protection and partnership agreements. Plus, you'll find out how small business law applies to advertising and marketing, confidentiality agreements, the sale and supply of goods (including e-commerce), negligence and product liability. There were 526,000 new businesses registered in the UK in 2013 and, at some point, all of them will be faced with legal risks that could make the difference between success and failure. One claim could wipe out a fledgling business' profits, and hit even big businesses harder than they could ever imagine. If you're the owner of a new business and need to get a handle on the ins and outs of small business law and don't have the budget to employ an in-house legal advisor this trusted, approachable guide is your answer. * Covers the laws surrounding the most common risks small businesses face * Addresses how to deal with legal issues before a potentially costly dispute arises * Provides access to handy sample contract templates on Dummies.com * Serves as your own in-house legal advisor at a fraction of the cost If you're an existing business owner or an aspiring entrepreneur thinking about starting your own business, Law For Small Business For Dummies gives you answers to questions you didn't even know to ask!

Considers each stage in the course of an arbitration in detail, from the claimant's decision to seek the means of resolving a dispute to the arbitrator's award, explaining clearly and concisely what is expected of the claimant, respondent and arbitrator and when.

This book forms part of a unique, highly practical and time-saving three volume presentation of the Building Regulations, each book covering all the regulations relating to specific building usage. The chapters of each volume form self-contained units covering all the Regulation requirements applicable to a particular part of a building; thus the reader can ensure that all the Regulations are fully met. Also included is a digest of published standards, guides and technical information as well as reviews of the new Eurocodes currently being introduced. The Building Acts and Regulations Applied: Buildings for Public Assembly and Residential Use covers all the regulations relating to buildings used for public assembly or residential purposes (other than houses and flats), such as theatres, sports stadia, hotels, prisons and halls of residence. It is a useful course companion for BTEC HNC/D and degree courses in building, architecture, surveying, estate management and other built environment disciplines. It is also an ideal reference source for all professionals working in these areas.

Civil Engineering Contractual Procedures gives an introduction to the contractual procedures, legislation and administrative practices that are used in the civil engineering industry. It introduces the principles of contract law, and the main forms of contract used in the construction industry. It then concentrates on the main forms of contract used in civil engineering, with the discussion based on the ICE Conditions of Contract. It looks at the obligations of the various parties to the contract under all the clauses of the contract. Civil Engineering Contractual Procedures provides a sound basis for anyone seeking an understanding of the contractual administration of civil engineering projects. It is an essential core text for all students of civil engineering and related courses at both undergraduate and higher technician levels. It will also be a useful reference source for those already working in the industry.

The Construction Contracts Act 2013 introduces adjudication for the construction industry in Ireland for the first time. The essence of adjudication is in providing a means whereby disputes as to payment under a construction contract are resolved quickly and cheaply. The key feature distinguishing adjudication from other processes is that the money found due by the adjudicator must be paid pending the outcome of arbitration or litigation. Its primary function, therefore, is to ensure cash flow for contractors and sub-contractors. Leading construction lawyer Anthony Hussey's new book is the first to provide a section by section analysis of the Act itself, an analysis of the Code of Practice, and a discussion of the likely constitutional issues to which the legislation will give rise. This practical legal reference is aimed at all those involved in construction contract disputes, be they lawyers, architects, engineers, quantity surveyors, contractors and sub-contractors.

At a time when public administrations are increasingly subjected to transparency requirements this book provides timely analysis on the role of transparency in the context of public procurement within the EU. It provides a blend of theoretical analysis and practical insights into the operation of freedom of information requirements associated with the expenditure of public funds through purchasing, contracting out and commissioning activities. The first part of the book critically assesses a number of key issues surrounding transparency in public procurement including: corruption prevention, competition, commercial issues and access to remedies. The second part of the book features contributions from leading experts across ten European jurisdictions, providing a comparative view of transparency requirements and freedom of information rules in the context of public procurement. Overall the book provides a conceptual framework to understand the relationship between business secrets, freedom of information rules and the regulation of public procurement across Europe. This book will be of interest to scholars and students researching across public, administrative and comparative law. Practising lawyers who are involved with cross-border procurement tenders will also find this book to be a useful resource as it provides a comprehensive overview of regulatory standards at a national and European level.

First published in 1996. One of the primary goals of this series has been to explore new areas of criminology and criminal justice, topics that constitute the frontiers of the field. This work, edited by Sally Edwards, Terry Edwards and Charles Fields exemplifies that purpose in its coverage of environmental crime. While corporate and political crime developed slowly into mainstream criminology over the last half century, environmental crime, as an area of emphasis is still in its infancy. It is unusual to have many varied and informative perspectives early in a subject's development. This volume, however, demonstrates that many people are already examining environmental crime perhaps as an extension of both the greater environmental movement and the broadening of the popular parameters of crime.

To what extent is business activity governed at a European scale? Since the advent of the recent economic crisis, the EU's choices about the euro, debt ratios and interest rates have caught the headlines and highlighted the importance of EU decision-making arenas. However, these macro-economic events actually tell us only part of the story about the extent to which business activity is now governed at a European scale. Based upon original research on four manufactured or processed goods industries (cars, wine, pharmaceuticals and aquaculture), and driven by theory that is constructivist, institutionalist and sociological, this book sets out to analyse just what Europe governs, by whom and why. In doing so, it reveals three recurrent features of the European government of industries: its omnipresence, its incompleteness and its de-politicization. The authors show that the many gaps in the EU's mode of governing industries stem from struggles over economic doctrine as well as the continued unwillingness of many actors to accord the EU a legitimacy to act politically in the name of industrial government. This book will be of key interest to scholars and students of European Studies and Political Economy as well as those studying Political Science, Economics, Sociology and Business Studies.

Which member of the NEC3 family of contracts should I use? How do I choose and use my main and secondary options? What are the roles and responsibilities of the various parties? How should I effectively manage early warnings and compensation events? Important questions can arise when working with NEC3 contracts, some of them have simple answers and others require more a detailed response. Whether you are an NEC3 beginner or an expert, the 100 questions and answers in this book are a priceless reference to have at your fingertips. Covering issues that can arise from the full range of NEC3 forms, Kelvin Hughes draws on questions he has been asked during his 20 years working with NEC and presenting training courses to advise, warn of common mistakes, and explain in plain English how these contracts are meant to be used.

There is ample evidence about the negative effects business activity of all types can have on the provision of human rights. Equally, there can be little doubt economic development, usually driven through business activity and trade, is necessary for any state to provide the institutions and infrastructure necessary to secure and provide human rights for their citizens. The United Nations and businesses recognise this tension and are collaborating to effect change in business behaviours through voluntary initiatives such as the Global Compact and John Ruggie's Guiding Principles. Yet voluntary approaches are evidently failing to prevent human rights violations and there are few alternatives in law for affected communities to seek justice. This book seeks to robustly challenge the current status quo of business approaches to human rights in order to develop meaningful alternatives in an attempt to breech the gap between the realities of business and human rights and its discourse. This book was previously published as a special issue of the International Journal of Human Rights.

This three-volume set is an authoritative selection of some of the most important published papers in law and economics. It provides an extensive overview of recent work for law and economics scholars and an opportunity to explore developments in particular fields for those interested in more specialized study. Volume I presents current theories being applied in property law and intellectual property. Volume II addresses current issues in torts, criminal law, and remedies. Volume III explores a variety of approaches to contract and corporate law. These innovative papers offer ideas for the improvement of current legal policies and identify areas requiring additional study to further enhance our understanding of ways in which economics can inform the development of law.

As use 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 NEC3: Professional Services Contract uses plain English to lead the reader through the NEC3 Professional Services 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 Professional Services Contract are signalled to the reader throughout, and the correct way of reading each clause is explained. The ways in which the contract affects 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 practising international construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC3 PSC available. It is an ideal companion for Employers, Consultants, Contractors, Engineers, Architects, Quantity Surveyors, Subcontractors and anyone else interested in working successfully with the NEC3 PSC.