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Facility management - as any profession encompassing multiple disciplines and integrating technology, people and physical space - is not only complicated but fraught with occasions to be exposed to various legal liabilities Successful facility managers need the ability to manage risk well. They must understand the various ways the built environment can malfunction, anticipate the most likely problems and protect the owner's interest in such a way that the building can be safe for occupants yet productive for business purposes. The FM must therefore know the major tenants of risk avoidance, including knowledge of possible legal obstacles. Legal Concepts for Facility Managers informs facility managers of their legal responsibilities and helps them avoid unnecessary exposure to liability. Each major legal theory will be explained and illustrated with charts or case histories. Chapter learning outcomes and discussion questions will help students recall salient information and are also intended to be used as homework assignments or prompts for classroom discussions. As with any legal textbook expressly written for professionals who are not in the practice of law, the objective of this book is to inform students about their legal responsibilities. This text is not intended for students preparing to practice the law. It can be used in any course teaching built environment professionals how to avoid unnecessary exposure to legal liability.
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.
The Minor Works Contract is the most widely used of the JCT forms of contract, not only for simple, short contracts of moderate price, for which it is intended, but also for much larger projects for which it is often not suited at all. As a result, contractual difficulties can arise, and despite the form's simplicity an understanding of the legal background to the form is essential.
Malloy's Contemporary Payment Systems brings the edgy excitement back to drafts, notes and bank collections, with contemporary practice embracing electronic funds transfers, wire transfers, digital letters of credit, and the explosive emergence of ""crypto-currencies"" such as Bitcoins and the like. The book employs a nimble pedagogy to bring payment systems to new generations of law students facing fresh demands of practice in this area. It offers a leaner, more systemic approach, with appropriate topical cross-references among the chapters in an effort to avoid the ""hyper-compartmentalizing"" that typically prevents students from grasping the systemic characteristics of this area of law and practice. This new book develops, within each chapter and across all chapters, a continuous narrative arc of problems and hypotheticals involving the continuing adventures of BayerCorp, SallerCo, and their respective executives, employees, banks, and other supporting characters. This arc helps students learn more effectively and retain what they learn more securely, because their understanding of concepts, rules, and procedures is anchored to the story line. The book uses a building-block approach with its problems - they start out relatively simple and gradually take on sophistication and complexity as the narrative arc cumulates. The book also makes extensive use of graphics as an integral part of both the conceptual analysis and the narrative arc, making the book particularly good for the many contemporary students who are visual learners.
The fourth edition continues the goal of earlier editions: providing the most current and comprehensive treatment of the modern law of sales and leases in national and international transactions. The new edition includes important new cases to elaborate the continuing development of critical provisions of that law, and to elucidate new caselaw trends. The official withdrawal of proposed amendments to UCC Articles 2 and 2A provided room for these important cases without a significant increase in the size of the volume. While continuing to emphasize any significant differences between Articles 2 and 2A, the new edition eliminates separate coverage of Article 2A where its provisions replicate Article 2. At the same time, the important distinction between true leases and secured transactions disguised as leases not only continues but is emphasized in new case and text material. Among other current developments, the fourth edition recognizes the Supreme Court's important elaboration of the Federal Arbitration Act and it effect on the holdings and rationales of state courts in adjudicating claims of unconscionable arbitration agreements. The unique CISG coverage of prior editions has been updated, along with the text material throughout the volume, to provide the most current dimensions of sales law.
Profit from the legal wisdom of the National Association of Home Builders staff attorneys! The authors provide new information about warranties based on research for NAHB members on hundreds of warranty issues. The second edition of Warranties for Builders and Remodelers helps inform and protect builders and remodelers. It addresses the changes to state statutes of repose applicable to construction and changes and additions to the mandatory notice provisions in states that have these laws. This Second Edition, presents: Clear explanations of implied warranties, statutory warranties, warranties imposed by courts, and more; Sample language and formats for warranty documents; Your rights and responsibilities and the recommended practices and procedures; Tips for drafting warranties that really work; State-by-state list of cases and statutes applicable to construction claims. Builder and remodeller warranties are among the most important issues affecting the construction industry. With the guidance of your attorney and this book, you can learn how to properly use warranties to market your services and avoid expensive mistakes.
Now in its second edition, Construction Law is the standard work of reference for busy construction law practitioners, and it will support lawyers in their contentious and non-contentious practices worldwide. Published in three volumes, it is the most comprehensive text on this subject, and provides a unique and invaluable comparative, multi-jurisdictional approach. This book has been described by Lord Justice Jackson as a "tour de force", and by His Honour Humphrey LLoyd QC as "seminal" and "definitive". This new edition builds on that strong foundation and has been fully updated to include extensive references to very latest case law, as well as changes to statutes and regulations. The laws of Hong Kong and Singapore are also now covered in detail, in addition to those of England and Australia. Practitioners, as well as interested academics and post-graduate students, will all find this book to be an invaluable guide to the many facets of construction law.
This ninth edition of the most popular and trusted guide reflects all the latest amendments to the Building Regulations, planning permission and the Approved Documents in England and Wales. This includes coverage of the new Approved Document Q on security, and a second part to Approved Document M which divides the regulations for 'dwellings' and 'buildings other than dwellings'. A new chapter has been added to incorporate these changes and to make the book more user friendly. Giving practical information throughout on how to work with (and within) the Regulations, this book enables compliance in the simplest and most cost-effective manner possible. The no-nonsense approach of Building Regulations in Brief cuts through any confusion and explains the meaning of the Regulations. Consequently, it has become a favourite for anyone in the building industry or studying, as well as those planning to have work carried out on their home.
A focused, invaluable guide to nonprofit legal terminology and definitions The Bruce R. Hopkins Nonprofit Law Dictionary is a thorough professional reference for the terminology and definitions surrounding the law of tax-exempt organizations. Author Bruce R. Hopkins, the country's leading expert in nonprofit law, draws upon 45 years of practice to deliver a true dictionary reference for attorneys specializing in nonprofit law and tax law. The book's terminology and definitions are derived from constantly changing statutes, government agency regulations and rulings, court opinions, and government forms and instructions, with citations provided where appropriate. Modeled after a conventional dictionary, this book offers quick navigation to the information of interest, and points you toward the other Hopkins guides that provide more in-depth information should you require it. The devil is in the details, and nowhere is that statement truer than in the legal profession. Incorrect interpretation of a single phrase can cause consequences for both client and attorney, and verbiage may be intentionally vague with unexpectedly broad or narrow definitions. This guide gives you the most commonly accepted interpretations of terminology related specifically to nonprofit law, so you can feel confident in the quality of service you provide to your clients. * Stay up to date on the latest in nonprofit law * Confirm the accepted definitions of legal terms and phrases * Learn where to turn for deeper guidance on specific topics * Gain expert insight into obscure and complex definitions Stop spending time wading through textbooks and case law, only to wonder whether or not the information you eventually found applies to nonprofit law in the same way. Focused specifically on the law as it applies to the nonprofit sector, the Bruce R. Hopkins Nonprofit Law Dictionary is an indispensable reference that gives you the information you need quickly and easily.
This book is a compilation of the best papers presented at the 2017 installment of the Asia-Pacific Conference on Economics & Finance (APEF), which is held annually 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.
In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.
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.
"One of the great strengths of this book is the way the authors blend good practical legal advice, genuine insight about the attitude and approach of the authorities in the UK, and off-the-shelf policies to help corporate bodies navigate their way through these often difficult waters... The game has changed and those who ignore the practical advice offered in this book do so at their own peril." Sir Keir Starmer KCB QC, Director of Public Prosecutions 2008-13 (from the foreword to the book) Bribery: A Compliance Handbook is a practical guide to regulation in relation to corrupt practices. The book considers the safeguards and practical measures that organisations should put in place to prevent prosecution or regulatory action. It is a compliance text focussing on the requisite measures to be put into place by company directors and compliance officers to avoid liability. This book is a reference point for those concerned with regulation of potentially corrupt activities. It covers the current bribery legislation in the UK and the domestic and international context within which it was enacted and reviews each of the principal offences and considers some case studies and issues that affect particular sectors. The emphasis of the book is on preventative matters rather than defending subsequent prosecutions and will appeal not just to lawyers, but to compliance officers, non executive directors and others who are required to be aware of the provisions. Bribery: A Compliance Handbook is essential reading for in-house and private practice lawyers advising clients in this area and for compliance officers or Board members, who post Bribery Act are ever more likely to be engaged with the difficult practical issues the new legislation gives rise to. Contents: 1 Introduction; 2 Global context including the FCPA; 3 Background the British bribery legislation; 4 Giving and taking of bribes; 5 Small bribes and facilitation payments; 6 Bribery of a foreign public official; 7 Failure of commercial organisations to prevent bribery; 8 Adequate procedures; 9 Internal company investigations; 10 Self-reporting; 11 Deferred prosecution agreements; 12 What to do if you are being investigated; 13 Corporate hospitality; Appendix 1 Small bribes management discussion; Appendix 2 Red flags; Appendix 3 Ministry of Justice Guidance on the Bribery Act 2010; Appendix 4 Sentencing Council Definitive Guideline on fraud, bribery and money laundering: corporate offenders; Appendix 5 Crime and Courts Act 2013 Schedule 17: Deferred prosecution agreements; Appendix 6 Criminal Procedure Rules Part 12: Deferred Prosecution Agreements; Appendix 7 Deferred Prosecution Agreements Code of Practice; Appendix 8 Transparency International Corruption Perception Index 2013.
This book provides an extensive analytical examination of the Cape Town Convention and its Protocols. The Convention aims to facilitate asset-based financing and leasing of aircraft, railway and space objects by establishing a uniform legal regime for the creation and protection of security and related interests in these types of equipment. The book provides a detailed treatment of issues arising from the creation of security and other international interests under the Convention, from the need to ensure their priority among competing interests to the enforcement of remedies in the case of the debtor's default or insolvency. Security interests in aircraft, railway and space objects are among the most frequently invoked mechanisms used to ensure repayment of the debt. It is their significance, effectiveness and frequency of use that explains this work's focus and scope.
Scaffold-related accidents result in injuries and deaths and continue to occur despite updated standards from OSHA. Make sure your employees are safe and comply with these standards by providing this illustrated English-Spanish handbook. Includes clear explanations and photos for using fabricated frame, pump jack, mobile, and many other scaffold types and aerial lifts. Learn about proper assembly, use, and disassembly of common residential construction scaffolding. Find OSHA regulations fast! Order your copy of the 29CFR 1926 OSHA Construction Industry Regulations today.
This unique book explains, on a country-by-country basis, the different dispute resolution methods which can be used in construction, infrastructure and public-private partnership (PPP) projects. It has been developed to assist construction lawyers and professionals in identifying the dispute resolution mechanisms which they can and cannot use in a selection of key jurisdictions, thus helping them to save time and money when making decisions. Each country chapter is written by a specialist contributor and explains, from a theoretical and practical point of view, what readers can expect in each country in construction (civil and industrial works), infrastructure (oil, gas, electricity), and PPP projects. This practical handbook will appeal to professionals such as litigators, arbitrators, mediators, dispute boards, judges, in-house counsel, executives in engineering and construction projects and academics.
BPP Learning Media is an ACCA approved content provider. Our suite of study tools will provide you with all the accurate and up-to-date material you need for exam success.
This book provides a comprehensive and comparative explanation of the law relating to all three types of business partnership available under English law; general partnerships, limited partnerships (including private fund limited partnerships) and LLPs. It explains the applicable law from formation of the business to termination, including chapters on the availability or otherwise of legal personality, duties of partners and members, management issues, property and finance, taxation, litigation and insolvency. This new edition of Partnership and LLP Law is fully updated and includes coverage of the Legislative Reform (Private Fund Limited Partnerships) Order 2017 which introduces a new form of limited partnership, the private fund limited partnership, and the new provisions requiring certain partnerships and LLPs to maintain a register of persons with significant control over the business. It also includes a discussion of the impact of v Clyde & Co v Bates van Winkelhof on employment and worker status of partners and LLP members. Other recent cases such as Flanagan v Liontrust Investment Partners and Inversiones Frieira SL and another v Colyzeo Investors are also discussed. The law relating to each of the three types of partnership is set out clearly and concisely to enable the busy practitioner to understand, or refresh their understanding of, partnership and LLP law. It will also enable those with knowledge or experience of one type of partnership to understand the similarities and differences of the other types.
In today's globalised business environment, companies face a complex assortment of new and often contradictory laws and regulations. High-profile corporate scandals involving compliance failures teach us that loss of reputation can have a significant, if not fatal, effect on a company. International companies recognise this and invest heavily in systems designed to detect and prevent compliance breaches. However, such systems and controls cannot succeed without the development of a strong compliance culture that secures buy-in from executives, managers, employees, contractors and business partners all at levels. This title offers cutting edge know-how and guidance for the development and management of a sophisticated legal risk management and compliance operation. While identifying risks and regulatory challenges, chapters also explore how professionals can manage processes; implement change; track issues and loss events; screen potential clients, partners, employees and contractors; and implement appropriate remediation. The book features chapters on board structures, corporate governance, fraud and bribery, Sarbanes-Oxley requirements, European capital markets regulation, arbitration and mediation, data protection, offshoring and the cloud, human resources issues for managers, and managing legal risk in China. Legal Risk Management, Governance and Compliance is a must-have desk reference for in-house corporate counsel and compliance officers, individuals involved in the compliance, audit, legal and risk functions within companies and non-profit organisations, as well as the law firms that service these organisations' needs.
Corporate governance in Asia continues to attract global interest due to its critical importance to the world's fastest-growing region. The study of governance systems remains complicated by Asia's mix of legal traditions, market systems and social history. This comprehensive textbook provides a comparative overview of the corporate governance framework, theory and practice in major Asian countries. Students at all levels will gain an understanding of corporate governance systems in Asia and how they compare with models attributed to the US, the UK and Europe. Featuring six foundational chapters focusing on general theory and corporate governance systems and eight country-specific chapters, this book can be used as the basic textbook for a general course on comparative corporate governance or as an essential reference about corporate governance in Asia for a wide variety of professionals including academics, jurists, students, practitioners, investors, creditors, policymakers and analysts.
Provides a guide to the general principles of Scottish law relevant to construction contracts and the main provisions of the standard forms of construction contract used in Scotland including: * the obligations of employers and contractors * certification * payment * ending a construction contract * remedies * subcontracts * collateral warranties * insurance * dispute resolution * regulatory matters The new edition has been substantially updated and expanded to take account of the latest editions of the Scottish Standard Building Contracts and recent case law. Specific updates have been driven by the following changes to legislation and standard contracts * Local Democracy Economic Development and Construction Act 2009 and the relative Scheme for Construction Contracts * Arbitration (Scotland) Act 2010 * Recognising the significant increase in use of NEC3 standard forms of contract, references to NEC3 provisions have been introduced throughout the relevant chapters so that each now covers the common law, the SBCC provisions and the NEC3 provisions. It also features new chapters on: litigation; competition; the Bribery Act 2010; and guarantees and bonds. From reviews of previous editions: * very approachable and readable I would particularly recommend this book to non-legal construction professionals Construction & Engineering Law * an informative textbook for the practitioner [a] significant contribution to knowledge Arbitration * a highly competent textbook which would be of value for industry professionals with no legal background Construction Law
Alexander Hamilton is commonly seen as the standard-bearer of an ideology-turned-political party, the Federalists, engaged in a struggle for the soul of the young United States against the Anti-Federalists, and later, the Jeffersonian Republicans. Alexander Hamilton and the Development of American Law counters such conventional wisdom with a new, more nuanced view of Hamilton as a true federalist, rather than a one-dimensional nationalist, whose most important influence on the American founding is his legal legacy. In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton's political career, his policy achievements, and his significant role in the American founding by considering him first and foremost as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence throughout the nineteenth century. When writing his authoritative commentary on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington's cabinet, he used legal arguments to justify his desired course of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton's professional career. Re-examining Hamilton's post-war accomplishments through the lens of law, Brown demonstrates that Hamilton's much-studied political career, as well as his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to achieve these ends. A critical re-evaluation of Hamilton's legacy, as well as his place in the founding era, Brown's work also enhances and refines our understanding of the nature and history of American jurisprudence.
On 23 June, 2016 the UK voted to leave the European Union. Uncertainly has caused market volatility, illiquidity in property funds, fear amongst individuals and the OECD reported on 11 July, 2016 that the economic shock and disruption delivered by Brexit is on a par with the impact of devastating and unforeseen natural disasters. Doing Business After Brexit: A Practical Guide to the Legal Issues considers the legal issues arising out of Brexit and the immediate and future issues that businesses are likely to face and suggests steps on how to mitigate for any Brexit-related risk. The book starts with an introduction explaining the legal route to achieve a Brexit by triggering Article 50 of the Treaty on the European Union. In the introduction, the potential post-Brexit models which may be adopted are explored and the UK legal landscape post-Brexit looked at helping the reader to understand the complexity of the transitional period and what may change. It then looks at each area pertinent to running a business and looks at the issues that are likely to arise, eg directors' duties, tax, pension schemes, data protection, etc and how they can best be mitigated. Given the uncertainty of what exactly will be negotiated, the book gives suggested appropriate steps that can mitigate risk and take advantage of any opportunities.
This book deals with the highly complex but exciting subject of corporate fraud and corruption, which has since become the cops and robbers game of the 21st century: accounting fraud, embezzlement, bribery and many other forms of corruption and non-compliance cause turmoil between board members, supervisory board members and managers, while economic crime and corruption cause damages amounting to billions every year. When cases of misconduct and non-compliance become public knowledge, additional loss of reputation is the result, the consequences of which aren't even quantifiable for the companies concerned. Written by one of the most accomplished corruption and compliance experts, Dr. Stefan Heissner, this book provides comprehensive information on the controversial aspects of combating fraud and corruption from their beginnings. It also offers amazing insights into current practices in the war on fraud and corruption - including some stunning findings.
This book analyses different strategies and their results in implementing financial regulation in terms of rule-making, public enforcement and private enforcement. The analysis is based on a comparative study of conduct of business regulation on mis-selling of financial instruments in the UK and South Korea. It extends into liquidity regulation in the banking sector and credit rating agency regulation. The book concludes that in rule-making, purposive rules are more effective for achieving regulatory goals with minimal undesirable results, but a rule-making system with purposive rules can only work on a foundation of trust among rule-makers, enforcers and the regulates, that with respect to public enforcement, the enforcement strategies should combine the compliance-oriented and deterrence-oriented approaches and be continuously adjusted based on close monitoring of the regulatory outcomes and that in private enforcement, regulation should be instituted as the minimum requirement in private law.
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