This book is quite simply about contract administration using the JCT contracts. The key features of the new and updated edition continue to be its brevity, readability and relevance to everyday practice. It provides a succinct guide written from the point of view of a construction practitioner, rather than a lawyer, to the traditional form of contract with bills of quantities SBC/Q2016, the design and build form DB2016 and the minor works form MWD2016. The book broadly follows the sequence of producing a building from the initial decision to build through to completion. Chapters cover: Procurement and tendering Payments, scheduling, progress and claims Contract termination and insolvency Indemnity and insurance Supply chain problems, defects and subcontracting issues Quality, dealing with disputes and adjudication How to administer contracts for BIM-compliant projects JCT contracts are administered by a variety of professionals including project managers, architects, engineers, quantity surveyors and construction managers. It is individuals in these groups, whether experienced practitioner or student, who will benefit most from this clear, concise and highly relevant book.

Selected Issues in Construction Law contains analysis of judge-made case law associated with (1) a construction contractor's duty to warn, (2) the availability of punitive and consequential damages, including lost profits, and (3) the ability to waive construction contract arbitration clauses. The information presented in this text provides a good background to the legal practitioner engaged in these aspects of construction law. This book is not a narrative on construction law nor a discussion of building codes and, while it contains legal information, it does not present legal advice. Please note that this reprinting contains information from the late 1990s and should be considered historical and in need of update to reflect the current state of the law.

This original and insightful book explores and examines the impact that building mega-dams has on the human rights of indigenous peoples living in surrounding areas, who are often significantly affected. It demonstrates the many ways in which human rights are violated by governments and other institutions in relation to large dam projects, and the wider effect this can have on these regions. Compiling case studies from around the world, Itzchak Kornfeld provides clear examples of how human rights violations are perpetrated and compounded, as the construction of and flooding that results from these dams destroys livelihoods, cultural legacies and the local ecology, and promises of resettlement from governments are routinely broken. With chapters examining historical, recent and ongoing dam projects, the book also highlights the involvement of development banks and their failure to respect even their own policies in relation to issues such as environmental impact assessments. This incisive book will be valuable to lawyers, political scientists, and other professionals working in the area of human rights, as well as academics and students. It will also be of interest to those working for government agencies, international organizations, and others involved in dam construction and similar large-scale projects.

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 fourth edition (NEC4), 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 NEC4 Professional Service Contract uses plain English to lead the reader through the NEC4 Professional Service Contract's key features and differences from its predecessor, the NEC3 Professional Services Contract, including: Main and Secondary Options the use of early warnings programme provisions payment compensation events preparing tender documents Common problems experienced when using the Professional Service Contract are signalled to the reader throughout, and the correct way of interpreting each clause explained. The way 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 NEC4 Professional Service Contract available. It is an ideal companion for Clients, Contractors, Service Managers, Project Managers, Supervisors, Engineers, Architects, Quantity Surveyors, Subcontractors and anyone else interested in working successfully with the NEC4 Professional Service Contract.

This book articulates and explores the realities of contemporary international anti-corruption law. As corruption has increasingly become a major topic in international affairs, Liu analyzes the global collaboration against transnational bribery. As China's economic reforms are increasingly articulated in a language of law, governmentality, and anti-corruption, it is essential that scholars, policymakers and legal theorists around the world understand the issues at stake. In this elegant text, Liu lays out the issues clearly, establishes methodologies for analysis, and provides policy proposals for the years to come.

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.

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.

This book discusses the proper use of legal language in business communication. While communicating, a business leader has to bear in mind the relevant legal framework, and be sure to never violate it. However, legal language in itself can be so complex and difficult that it is often unclear as to what meaning can be ascribed to different words and phrases used in a particular context. Also, while it's easy to say that there are certain limits to the law, those limits are not readily visible to the uninitiated; occasionally, even experts flounder. Exploring precisely these topics, the book will be of interest to students of business, law, and business communication; managers; lawyers; researchers; practitioners; and general readers alike.

This book seeks to educate and equip aspiring professionals, industry practitioners, and students in the knowledge and practice of contract administration and procurement in the Singapore Construction Industry. It discusses the roles of and relationships between the different parties (e.g. Owner, Architect, Quantity Surveyor), tendering procedures, project delivery methods, payments, variations, final account, and other aspects for the administration of construction contracts in Singapore.This second edition has been updated to include:The book is written in an easy and readable form. Technical jargon is minimised. The topics include both common and less common issues in industry that practitioners and students should be aware. Most of the examples are obtained from industry (with modifications) and reflect current practices. Timelines, flowcharts, sample forms, sample letters, and other documents illustrating the processes are provided in this work, for the easy understanding of the readers.The contract administration process takes into account the Singapore Institute of Architects' Measurement Contract (9th Edition), the Public Sector Standard Conditions of Contract for Construction Works (7th edition), and also the Building and Construction Industry Security of Payment Act.

This book seeks to educate and equip aspiring professionals, industry practitioners, and students in the knowledge and practice of contract administration and procurement in the Singapore Construction Industry. It discusses the roles of and relationships between the different parties (e.g. Owner, Architect, Quantity Surveyor), tendering procedures, project delivery methods, payments, variations, final account, and other aspects for the administration of construction contracts in Singapore.This second edition has been updated to include:The book is written in an easy and readable form. Technical jargon is minimised. The topics include both common and less common issues in industry that practitioners and students should be aware. Most of the examples are obtained from industry (with modifications) and reflect current practices. Timelines, flowcharts, sample forms, sample letters, and other documents illustrating the processes are provided in this work, for the easy understanding of the readers.The contract administration process takes into account the Singapore Institute of Architects' Measurement Contract (9th Edition), the Public Sector Standard Conditions of Contract for Construction Works (7th edition), and also the Building and Construction Industry Security of Payment Act.

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.

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 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.

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.

This book examines the effectiveness of the modernisation of EU public procurement law in light of the overarching treaty goals on sustainability. Contributors expertly cover core issues of public procurement, including life cycle costing (LCC), eco- and fairtrade labels, the link to the subject matter (LtSM) requirement, the mandatory horizontal rule on environmental and social legal compliance, and framework agreements. Also explored are the balancing of economic and non-economic objectives implied in sustainable public procurement. The volume moves on to identify major unresolved issues in the use of sustainability considerations, and highlights challenges and possibilities for the national implementation due to take place in 2016. The book contributes to the dismantling of the compartmentalisation that underpins unsustainable policy decisions by discussing the interface of company law and public procurement law and the implication of the new rules on sustainable public procurement for sustainable companies, and specifically for small- and medium-sized enterprises (SMEs).

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

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!

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.

These guide notes explain the structure of the Professional Services Short Contract and the reasons for its provisions. They explain the "shell" of the contact and the need to provide important additional information such as the scope. The main options, dispute resolution options and the secondary options are all explained together with basis of appointing a consultant. Explanatory notes are then provided. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.

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.

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.