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.

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.

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.

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 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 details some of the most important and interesting questions raised about the NEC4 family of contracts and provides clear, comprehensive answers to those questions. Written by an NEC expert with over 20 years' experience using, advising and training others, the book has several distinctive features: It covers the whole NEC4 family It is written by a very experienced NEC author who explains sometimes complex issues in a simple and accessible style The questions and answers range from beginner level up to a masterclass level The questions are real life questions asked by actual NEC practitioners on real projects. The book includes questions and answers relating to tendering, early warnings, programme issues, quality management, payment provisions, compensation events, liabilities, insurances, adjudication, termination and much more. It is essential reading for anyone working with the NEC4 family of contracts, whether professionals or students in construction, architecture, project management and engineering.

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.

Now part of the ICE manuals series, ICE manual of construction law is the essential legal reference for all construction professionals. Written for non-lawyers by experts from the largest specialist construction law firms and leaders from within the construction industry, ICE manual of construction law considers the practical and commercial implications of case law and legislation and delivers practical guidance and a breadth of knowledge that is unrivalled by any other publication. Covering current UK and European legislation, the most important construction law issues are addressed as they may arise on a project - from planning, financing and procurement, through operational issues and general law, such as insurance, employment, contracts, health and safety, environmental issues, to construction disputes and dispute resolution.

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.

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."

Understanding FIDIC explains in simple and practical terms what is often seen as a very complex range of international engineering and construction contracts. Covering the FIDIC 2017 Red, Yellow and Silver Books (referred to as "The Rainbow Suite"), the book gives an overview of all three contracts, including coverage of changes between the 1999 contracts and the present 2017 suite. FIDIC contracts are widely used as far afield as Europe, the Middle East, Asia and Australia, and this book provides a practical yet thorough guide to the key elements that practitioners preparing and administering these contracts would need to be aware of. In his approachable and readable style, Kelvin Hughes covers: The obligations and responsibilities of the Employer, the Employer's Representative, the Engineer and the Contractor Quality and Defects Liability Design Responsibility and Liability Variations, Measurement and Payment Procedures Progress, Delays, Extensions of Time and Completion Suspension and Termination Insurances Employer's and Contractor's Claims The Dispute Avoidance/Adjudication Board and the Resolution of Disputes Tendering Anyone working with FIDIC contracts whether as the Employer, Employer's Representative, Engineer or Contractor will benefit greatly from this easy-to-read guide to the Rainbow Suite. Students on professional courses or researching the contracts for project work will also find this book extremely useful.

This book is an introduction to construction contract administration and management, covering the delivery and execution stage of a construction project and the various issues which the contract administrator needs to proactively manage. It can therefore be used as a contract administrator's resource book covering what needs to be done (and why) to keep a construction project on track from a commercial and contractual perspective. It is particularly appropriate for students and new practitioners from varied construction professions and whilst it covers domestic (UK) projects, it will be particularly useful for those studying and working on international projects where terminology, procedures and legal systems may differ from the UK. The content is split into four parts and is subdivided into easy-to-read chapters replicating the timeline of a project during the construction stage: Part A covers initiating the construction stage, project delivery mechanisms, contract administration and health and safety management; Part B covers managing the construction stage, contractor performance and relationship management; Part C covers finalising the construction stage, project completion and close-out; Part D covers claims and disputes. Introduction to Construction Contract Management will be particularly useful for students enrolled on global construction programmes together with international distance learning students and non-cognate graduates starting out on an international career in construction contract administration and quantity surveying.

This volume provides a comprehensive overview of business law in Russia. It presents an introduction to the Russian legal system in general before going on to provide a thorough analysis of the key aspects such as regulation, taxation, competition, contracts, intellectual property law, among many others. Where appropriate, cases and international comparisons are included to help illustrate the practical workings of this complex system. The book will be an invaluable guide for students, researchers and practitioners who want a clear understanding of legislation relating to business in contemporary Russia.

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.

This edited volume explores the old and new "collective dimensions" of employment relations. It examines specific challenges stemming from new forms of work of the digital and sharing economy, such as measurement, monitoring, assessment, and remuneration of work, the protection of work-life balance, the impact of new technologies on health and safety, the adaptation of occupational skills to new work processes, and the responses to the digital restructuring of undertakings. It addresses a series of questions such as how the representational action of unions and works councils can adapt to the challenges posed by new production systems and whether the legislative framework needs to be reformed to ensure that digital workers enjoy the right to collective representation. This important collection offers readers a renewed theoretical perspective and justification of the role that the dialogue between workers (representatives) and companies could play in an increasingly complex world of work.

This book offers the first definitive English-language resource on Chinese business law. Written by an authoritative source, the book accurately describes what the business law is and explains legislative intentions underlying the myriad of law, rules, and regulations. Moreover, it provides the most up-to-date information on law, rules, and regulations and contains accurate predictions of the future legislative trend. It is written for readers across the spectrum of both common law and civil law systems. The author's experience as expert counsel to Chinese central governmental legislative functions including the State Council Legislative Affairs Office and the expert editor and translator in chief of the national administrative regulations in business and finance, extensive experience of international legal practice and arbitration, and teaching and research experience in international business law and Chinese law will make this book of interest to lawyers, business people, and scholars.

The Joint Contracts Tribunal's (JCT) Standard Form of Building Contract, one of the most common standard contracts used in the UK to procure building work, is updated regularly to take account of changes in legislation and industry practice and relevant court decisions from litigation. The JCT 05 Standard Building Contract: Law and Administration is a second edition to the authors' earlier award-winning The JCT98 Building Contract: Law and Administration, and clarifies complex issues surrounding obligations and rights under the contract. This makes it an essential reference for construction professionals, employers, contractors, and lawyers new to construction seeking to update and consolidate their knowledge. The book also provides the knowledge and understanding of the contract, which are a fundamental part of the education of most students who go on to become managers and leaders in the construction industry. It thoroughly works through the provisions of the contract in simple language, using case law examples and relevant statute to demonstrate approaches to its interpretation.

Creative Expression and the Law helps readers better comprehend the legal pitfalls that can present themselves when artists and content creators are generating ideas, producing content and protecting and defending their creative work. In doing so, the book provides a deeper, more targeted examination of copyright, trademark and right of publicity law than is found in standard communication law texts. This examination focuses on how courts scrutinize and apply law to works of artwork and other forms of creative expression and how the constitutional strength of a First Amendment defense can vary across the legal and artistic landscape. The text approaches law as an evolving story shaped by the U.S. Constitution and its commitment to freedom of speech. It draws connections among the various legal areas and explains the purpose and development of each area of law. A set of lively cases that involve iconic brands, celebrities and expressive works are used to illustrate legal standards. Infographics and visual examples of creative work that found itself at the center of legal disputes help readers visualize abstract legal principles and rulings. These images are an important part of the text given the role that visual cues play in helping content creators learn, retain and utilize information.

Tom Bingham is among the most influential judges of the twentieth century, having occupied in succession the most senior judicial offices, Master of the Rolls, Lord Chief Justice and, currently, Senior Law Lord. His judicial and academic work has deeply influenced the development of the law in a period of substantial legal change. In particular his role in establishing the new UK Supreme Court, and his views on the rule of law and judicial independence have left a profound mark on UK constitutional law. He has also been instrumental in championing the academic and judicial use of comparative law, through his judicial work and involvement with the British Institute of International and Comparative Law.
This volume collects around fifty essays from colleagues and those influenced by Lord Bingham, from across academia and legal practice. The essays survey Lord Bingham's pivotal role in the transformations that have taken place in the legal system during his career.