Construction Law in the United Arab Emirates and the Gulf is an authoritative guide to construction law in the United Arab Emirates and the Gulf. The principal theme is the contrast between construction law in an Islamic civil law jurisdiction and construction law in a common law jurisdiction. the first authoritative text on the application of the laws of the UAE extensive extracts from the region's applicable laws, all translated from Arabic, and hundreds of judgments of the most senior courts used to back up the analysis provided

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 popular guide focuses on common misconceptions in the application of the IET Wiring Regulations. It explains in clear language those parts of the regulations that most need simplifying, outlining the correct procedures to follow and those to avoid. Emphasis has been placed on areas where confusion and misinterpretation are common, such as earthing and bonding, circuit design and protection, and in particular the increased use of RCDs. With the content covering the requirements of both City & Guilds and EAL courses and containing sample exam questions and answers, this book is also an ideal revision guide.

The Joint Contracts Tribunal's Standard Form of Building Contract is the most common contract used in the UK to procure building work. Understanding it is a core part of any construction student's degree and a vital part of the working life of professionals in the construction industry. 'The JCT98 Building Contract' works through the contract systematically explaining it in easy-to-follow language, covering all contract issues thoroughly and illustrating with case law examples the current situation and latest amendments. It is ideal reading for both the student of construction and the professional seeking to update their knowledge.

Uses a novel clause-by-clause approach to explain the important JCT 2005 contract Written by an experienced author, explaining in simple English the meaning and relevance of each clause to avoid common misunderstandings Includes up-to-date legal cases that explain the development and interpretation of the contract The Joint Contracts Tribunal's suite of contracts (commonly known as JCT 2005) are the most commonly used in the UK to procure major building work. Understanding the contracts, and which to use, is vital knowledge for all students on construction-related HND or degree courses, but these clauses can contain convoluted language, leading to confusion. This easy-to-follow guide takes the reader through the JCT 2005 building contracts clause by clause, in an easy-to-follow format, in simple but effective language that eliminates misinterpretation. Spilt into 3 sections, this book provides a summary of the current JCT Contracts, identifying which to use for what type of work, along with an analysis of their risk, liability, documentation, design responsibility and financial procedures, ensuring that JCT 2005 Building Contract: clause by clause is the vital, definitive reference for the aspiring construction professional. Phil Griffiths is a lecturer at Nottingham Trent University with interests in contract administration, finance and project management. He graduated from Nottingham Trent Polytechnic in 1971 and worked as a quantity surveyor in local authority and a medium sized construction company. He also spent some time as a director of a small construction company and is a freelance estimator.

The success of every construction project begins with reading and understanding the contract. Contract Administrators and Project Managers for all parties in the construction process must realize the major impact their actions have on cost, schedule, and quality in relation to the contract terms and conditions. Written in a clear and accessible way from a Constructor's perspective, Successful Contract Administration guides the student through the critical issues of understanding contract law and obligations for effective project execution. Through examples, exercises, and case studies, this textbook will: Improve knowledge and comprehension of key contract elements Help the student apply knowledge to real case scenarios Improve the student's ability to analyze and create different scenarios for success Evaluate critical issues of responsibility and ethics in relation to contract administration. The text is supported by a companion website featuring additional resources for both students and instructors. Resources for the student include additional case studies, links to useful websites, video commentary and interviews for increased understanding of important chapter material, true/false sample quiz questions and a flashcard glossary to reinforce comprehension of key terms and concepts. Additional instructor material includes a testbank of questions, (including true/false, multiple choice, and sample essay questions), website links to contract documents and PowerPoint slides.

Key Facts Key Cases Constitutional and Administrative Law will ensure you grasp the main concepts of your Constitutional and Administrative Law module with ease. This book explains the facts and associated case law for: - The European Court of Human Rights and the UK Supreme Court - Devolution - Human rights law - EU membership - International law in the UK Constitution Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition

Construction Contract Administration for Project Owners is aimed at public and private owners of real estate and construction projects. The book is intended to assist owners in their contractual dealings with their designers and their contractors. Most owners are not primarily in the business of designing and building facilities. The fact that their primary business is not design and construction places them at a disadvantage when negotiating, drafting, and administering design agreements and construction contracts because their designers and contractors use these documents every day. This book is intended to assist owners to redress this imbalance by equipping owners to draft and administer contracts so as to protect their interests. The book is aimed at owner personnel with all levels of knowledge in the business of managing projects. It can serve as a comprehensive introduction to drafting and administering design agreements and construction contracts for beginners. For intermediate level personnel, it can serve as a manual to be read to enhance the reader's skills in this area. For the sophisticated project management professional, it can serve as a resource to be consulted in connection with very specific issues as they arise on a project.

The Construction (Design and Management) Regulations 2007 repeal the CDM Regulations 1994 and the Construction (Health, Safety and Welfare) Regulations 1996; containing all the legal duties regarding the design and management of a construction project and the safe operating standards expected on a construction site. CDM 2007: Questions and Answers by Pat Perry is a pragmatic, common-sense approach to interpreting the many queries which will inevitably arise from the new Regulations, no matter how simplified they purport to be. The author details practical solutions to a wide range of legal compliance issues and explores answers which go beyond the rather limited information contained in the Approved Code of Practice which supports the Regulations. The various duty holders, project stages and safety issues are dealt with in different chapters and the book can be used for detailed reference or for a quick refresher on specific subjects.

This newly revised edition is an up-to-date and concise volume, clarifying the Building Acts and Regulations relating to houses, flats and maisonettes, for all construction professionals and students. Each chapter forms a self-contained unit covering all the regulation requirements applicable to a particular part of a building, dealing with each part in turn. With this single volume, professionals can ensure that all regulations are fully covered in respect of houses, flats and maisonettes. Inclusion of the July 1995 changes in the Acts and Regulations ensures the text provides the very latest information. An ideal reference book for architects, builders, structural and building services engineers. Essential supplementary reading for students undertaking courses in any of the above at HNC, HND and degree level.

Scottish Building Standards in Brief takes the highly successful formula of Ray Tricker's Building Regulations in Brief and applies it to the requirements of the Building (Scotland) Regulations 2004. With the same no-nonsense and simple to follow guidance but written specifically for the Scottish Building Standards it's the ideal book for builders, architects, designers and DIY enthusiasts working in Scotland. Ray Tricker and Roz Algar explain the meaning of the regulations, their history, current status, requirements, associated documentation and how local authorities view their importance, and emphasises the benefits and requirements of each one. There is no easier or clearer guide to help you to comply with the Scottish Building Standards in the simplest and most cost-effective manner possible.

The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.

A contract should set out in writing precisely what are the agreed intentions of the parties under any circumstances. A skilled contract draughtsperson will produce a document that avoids misunderstandings and undefined areas of responsibility, ensuring a harmonious relationship between the parties during the performance of the works. This guide explains the main features of contracts applicable to the design, construction and servicing of civil, building, electrical or mechanical works. Throughout, the emphasis is on practical guidance, with 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 more useful information.

This book sheds light on the nature of the late nineteenth century audit by reference to the views expressed in 26 legal cases. The treatment of late nineteenth century legal issues which might appear somewhat unbalanced, viewed from today's stand-point, is shown to be more even handed when seen against the back ground of a vigorous contemporary debate concerning all aspects of the auditors' duties. This text therefore informs readers of the full breadth of the debate, and discusses a range of issues which may since have been overlooked, such as the Kingston Cotton Mill case, 1895, normally referred to only in the context of stock valuation but which also had a great deal to say about the appropriate method for valuing fixed assets.

Partnering and Collaborative Working: Legal and Industry Practice brings together leading construction industry and legal experts to discuss key elements of the partnering process and how they can be implemented.

This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the "First Symposium on Public Procurement", a conference held in Rome last summer and to be repeated again yearly. As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which represent the four different parts in which this book is divided: Competitive dialogue and contractual design fostering innovation and need analysis, Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV's from award criteria, Retendering a contract for breach of procurement rules or changes to contract (contract execution), Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.

This volume (1) defines the specific-anticompetitive-intent, lessening-competition, distorting-competition, and exploitative-abuse tests of illegality promulgated by U.S. and/or E.U. antitrust law, (2) compares the efficiency defenses promulgated by U.S. and E.U. antitrust law, (3) compares the conduct-coverage of the various U.S. and E.U. antitrust laws, (4) defines price competition and quality-or-variety-increasing-investment (QV-investment) competition and explains why they should be analyzed separately, (5) defines the components of individualized-pricing and across-the-board-pricing sellers' price minus marginal cost gaps and analyses each's determinants, (6) defines the determinants of the intensity of QV-investment competition and explains how they determine that intensity, (7) demonstrates that definitions of both classical and antitrust markets are inevitably arbitrary, not just at their periphery but comprehensively, (8) criticizes the various protocols for market definition recommended/used by scholars, the U.S. antitrust agencies, the European Commission, and U.S. and E.U. courts, (9) explains that a firm's economic (market) power or dominance depends on its power over both price and QV investment and demonstrates that, even if markets could be defined non-arbitrarily, a firm's economic power could not be predicted from its market share, (10) articulates a definition of "oligopolistic conduct" that some economists have implicitly used-conduct whose perpetrator-perceived ex ante profitability depended critically on the perpetrator's belief that its rivals' responses would be affected by their belief that it could react to their responses, distinguishes two types of such conduct-contrived and natural-by whether it entails anticompetitive threats and/or offers, explains why this distinction is critical under U.S. but not E.U. antitrust law, analyzes the profitability of each kind of oligopolistic conduct, examines these analyses' implications for each's antitrust legality, and criticizes related U.S. and E.U. case-law and doctrine and scholarly positions (e.g., on the evidence that establishes the illegal oligopolistic character of pricing), and (11) executes parallel analyses of predatory conduct--e.g., criticizes various arguments for the inevitable unprofitability of predatory pricing, the various tests that economists/U.S. courts advocate using/use to determine whether pricing is predatory, and two analyses by economists of the conditions under which QV investment and systems rivalry are predatory and examines the conditions under which production-process research, plant-modernization, and long-term full-requirements contracts are predatory.

Examines policy design when the policy maker in imperfectly informed, focusing on cases where the regulated firm possesses better information about its technology than the regulator.

This book sheds light on the nature of the late nineteenth century audit by reference to the views expressed in 26 legal cases. The treatment of late nineteenth century legal issues which might appear somewhat unbalanced, viewed from today's stand-point, is shown to be more even handed when seen against the back ground of a vigorous contemporary debate concerning all aspects of the auditors' duties. This text therefore informs readers of the full breadth of the debate, and discusses a range of issues which may since have been overlooked, such as the Kingston Cotton Mill case, 1895, normally referred to only in the context of stock valuation but which also had a great deal to say about the appropriate method for valuing fixed assets.

Corporations Law: Concepts, Cases, and Culture Textbook and Wordbook examine the three distinct and overlapping areas that relate to company law. Concepts - The text will explore the main concepts and theories behind the law, rules and principles relevant to companies. Cases - The text delves into the key case law in historical and contemporary terms. These cases provide a narrative of the key challenges and gaps in the understanding and operation of the corporation and provide an insight into how and why and how company law have developed. Culture - One of the significant selling features of the book is on the significance of corporate culture and its growing importance within law schools. Corporate culture will be covered throughout the text showing how it shapes corporate governance and regulation, and how cultural shortcomings can lead to corporate misconduct. Textbook features and structure The structure of the textbook moves away from bigger chapters, and focuses on shorter chapters which deal with separate topics. The aim is to align each chapter based on a 36 hour course using a more modular approach and introductory chapter will be included in the textbook and workbook to clarify this approach. Workbook features and structure The workbook will have links to the textbook and will be very visual, summarising the main points of the textbook using diagrams, flowcharts and tables . The Workbook will summarise the main concepts in the textbook into explanatory diagrams and flowcharts, and include other pedagogical features such as critical reflection questions, problem-solving questions, visual chapter summaries, end of chapter study questions and case studies

Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts. This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts. The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank.

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.

Volume 2 uses the economic and legal concepts/theories of Volume 1 to (1) analyze the U.S. and E.U. antitrust legality of mergers, joint ventures, and the pricing-technique and contractual/sales-policy distributor-control surrogates for vertical integration and (2) assess related positions of scholars and U.S. and E.U. antitrust officials. Its analysis of horizontal mergers (1) delineates non-market-oriented protocols for determining whether they manifest specific anticompetitive intent, would lessen competition, or are rendered lawful by the efficiencies they would generate, (2) criticizes the U.S. courts' traditional market-share/market-concentration protocol, the HHI-oriented protocols of the 1992 U.S. DOJ/FTC Guidelines and the European Commission (EC) Guidelines, and the various non-market-oriented protocols the DOJ/FTC have increasingly been using, (3) argues that, although the 2010 U.S. Guidelines and DOJ/FTC officials discuss market definition as if it matters, those Guidelines actually reject market-oriented approaches, and (4) reviews the relevant U.S. and E.U. case-law. Its analysis of conglomerate mergers (1) shows that they can perform the same legitimate and competition-increasing functions as horizontal mergers and can yield illegitimate profits and lessen competition by increasing contrived oligopolistic pricing and retaliation barriers to investment, (2) analyzes the determinants of all these effects, and (3) assesses limit-price theory, the toe-hold-merger doctrine, and U.S. and E.U. case-law. Its analysis of vertical conduct (1) examines the legitimate functions of each type of such conduct, (2) delineates the conditions under which each manifests specific anticompetitive intent and/or lessens competition, and (3) assesses related U.S. and E.U. case-law and DOJ/FTC and EC positions. Its analysis of joint ventures (1) explains that they violate U.S. law only when they manifest specific anticompetitive intent while they violate E.U. law either for this reason or because they lessen competition, (2) discusses the meaning of an "ancillary restraint" and demonstrates that whether a joint-venture agreement would be illegal if it imposed no restraints and whether any restraints imposed are ancillary can be determined only through case-by-case analysis, (3) explains why scholars and officials overestimate the economic efficiency of R&D joint ventures, and (4) discusses related U.S. and E.U. case-law and DOJ/FTC and EC positions. The study's Conclusion (1) reviews how its analyses justify its innovative conceptual systems and (2) compares U.S. and E.U. antitrust law as written and as applied."

This book brings home the message that meticulous integration management is the key to success in M&A transactions. Half of all M&A transactions are unsuccessful because many companies embarking on a merger neglect this key success factor. Based on 30 years of experience of corporate mergers and acquisitions as well as the subsequent implementation of growth strategies, the authors have developed a practical manual that helps managers optimize and streamline their growth strategy using persistent integration and transformation management. The book provides first-hand accounts of M&A transactions that the authors led or were involved in, assessing each case from an insider perspective and outlining the key success factors and pitfalls. It concludes with practical checklists including the most relevant topics for each individual step toward successful integration.

The majority of construction work is carried out by subcontractors. As building projects become more complex, subcontractors need to understand the implications of the agreements they sign. The JCT 2011 Building Subcontracts has been written to help the busy subcontractor deal effectively with the range of JCT 2011 subcontracts they will encounter. It covers the most commonly use 2011 subcontracts, looking at the key contract conditions, the rights and obligations of the parties and how risk is allocated. A key element of the book is the discussion of the main practical problems that arise. Accessible and practical, this book will ensure building and construction subcontractors understand these contracts and have an easy to consult reference if any questions arise. It will also be of interest to main contractors, architects, contract administrators, project managers, quantity surveyors, contracts consultants and construction lawyers.