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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > General
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 document contains guidance notes on the NEC3 Supply Contract, which explain how to complete the SSC when it is used for a simple, low risk contract. The accompanying flow charts depict the procedures followed when using the contract. 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.
These guide notes explain the structure of the Professional Services 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 on individual clauses and worked examples are provided of contract data. The second part of the book contains flow charts which set out the procedural logic of the 28 clauses that can be presented with benefit by flow charting. 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.
The NEC3 Supply Contract (SC) is the first set of standardised terms designed for local and international procurement of high-value goods and related services including design. This new addition to the NEC3 family is designed around the same model as other NEC documents yet is flexible enough to apply to any industry or supply situation. 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 guide is written to help users to produce Works Information for the NEC3 Engineering and Construction Contract (ECC). Good quality Works Information is vital to achieving better outcomes for engineering and construction contracts, and reducing misunderstandings and disputes. Works Information should be prepared with individual works requirements and the operation of the ECC in mind.
Take the fear out of legal issues...Many people feel nervous about seeing a Solicitor. They worry about the time it takes, they are afraid of legal fees and are uncertain as to where to find someone they can trust. This series of books, written by an experienced Solicitor, aims to remove some of these fears and gives honest, practical advice for all stages of your business. In this, the first book of the series, you will learn how to set up and run your business in its early years, whether you are planning to start a new business, open a franchise or take over an existing business. Using a mix of law, business and common sense you will discover how to avoid the Legal and practical pitfalls of: * Writing an effective business plan to satisfy a lender * Setting up the business legal structure * Borrowing money safely * Leaving your existing job without risk * Selecting the right premises for you * Avoiding the problems of lease * Entering into contracts * Operating without good terms and conditions & effective agreements
This ground-breaking book addresses the challenge of regulatory delivery, defined as the way that regulatory agencies operate in practice to achieve the intended outcomes of regulation. Regulatory reform is moving beyond the design of regulation to address what good regulatory delivery looks like. The challenge in practice is to operate a regulatory regime that is both appropriate and effective. Questions of how regulations are received and applied by those whose behaviour they seek to control, and the way they are enforced, are vital in securing desired regulatory outcomes. This book, written by and for practitioners of regulatory delivery, explains the Regulatory Delivery Model, developed by Graham Russell and his team at the UK Department for Business, Energy and Industrial Strategy. The model sets out a framework to steer improvements to regulatory delivery, comprising three prerequisites for regulatory agencies to be able to operate effectively (Governance Frameworks, Accountability and Culture) and three practices for regulatory agencies to be able to deliver societal outcomes (Outcome Measurement, Risk-based Prioritisation and Intervention Choices). These elements are explored by an international group of experts in regulatory delivery reform, with case studies from around the world. Regulatory Delivery is the first product of members of the International Network for Delivery of Regulation.
This textbook deals with business criminal law from the perspective of Germany, Austria, Liechtenstein and Switzerland. It primarily addresses students in business and economics (master's programme) as well as business practitioners, but is also meant for lawyers and law students. As criminal law legislators exert considerable influence on economic life, raising and growing awareness in the area of criminal law seems compulsory for future managers and executives. This textbook approaches the legal field less normatively and rather in a practical and entrepreneurial way. Its contents are based on the master level class "Business Criminal Law" at "MCI | The Entrepreneurial School" taught by the author. This textbook has been recommended and developed for university courses in Germany, Austria and Switzerland.
Technology and globalization are uprooting and reshaping daily life. Global supply chains are now deeply embedded, and digital platforms connect almost everyone in complex networks of data and exchange. This "flat world" is one of tremendous possibility, but it also poses challenges to stability and shared prosperity. In Rules for a Flat World, Gillian Hadfield argues that the legal rules that currently guide global integration are no longer working. They are too slow, costly, and localized for increasingly complex advanced economies, and fail to address issues such as poverty, instability, and oppression for the billions living in the developing world. Hadfield proposes a new set of rules that enhance complex societies and economic interdependence and makes the case for building a more agile infrastructure. In this paperback edition, she presents a new prologue to her sweeping historical overview and vision of the relationship between law and economic and social prosperity.
Concentrate Q&A Company Law is part of the Concentrate Q&A series, the result of a collaboration involving hundreds of law students and lecturers from universities across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any of the competitors. 'A sure-fire way to get a 1st class result' (Naomi M, Coventry University) 'My grades have dramatically improved since I started using the OUP Q&A guides' (Glen Sylvester, Bournemouth University) 'These first class answers will transform you into a first class student' (Ali Mohamed, University of Hertfordshire) 'I can't think of better revision support for my study' (Quynh Anh Thi Le, University of Warwick) 'I would strongly recommend Q&A guides. They have vastly improved my structuring of exam answers and helped me identify key components of a high quality answer' (Hayden Roach, Bournemouth University) '100% would recommend. Makes you feel like you will pass with flying colours' (Elysia Marie Vaughan, University of Hertfordshire) 'My fellow students rave about this book.' (Octavia Knapper, Lancaster University) 'The best Q&A books that I've read; the content is exceptional' (Wendy Chinenye Akaigwe, London Metropolitan University) 'I would not hesitate to recommend this book to a friend' (Blessing Denhere, Coventry University)
Am 7. Juni 2013 wurde die neue Honorarordnung fur Architekten
und Ingenieure (HOAI )im Bundesrat verabschiedet. Sie trat am
17.07.2013 in Kraft und ist auf Vertrage ab diesem Datum
anzuwenden. Architekten erhalten einen schnellen Uberblick mit Erlauterungen zu allen relevanten Regelungen der HOAI, erganzt durch eine ganze Anzahl von Beispielen. Der Autor geht dabei ganz gezielt auch auf die speziellen Fragestellungen aus dem Tagesgeschaft der Architekten ein und gibt wertvolle Hinweise zum Abschluss von Planungsvertragen und zur Honorarberechnung. Beispielabrechnungen und Musterformulare fur die Abwicklung von Architektenvertragen erganzen die textlichen Ausfuhrungen. Ein weiterer Schwerpunkt ist die Vertragsabwicklung und Honorarberechnung fur das Bauen im Bestand sowie die Erstellung von pruffahigen Schlussrechnungen. "
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.
Renters have unique needs and preferences and unique hot buttons connected to finding a home. IMS -- Integrated Marketing Strategies -- blends communication, marketing, promotional, and environmental tools to create a highly effective multifamily marketing strategy. Learn unique techniques, get referrals, boost profits, and fill homes without using strong-arm techniques or inflated promises. Recommended reading for RAM and CLP.
This analysis of how multi-level networked governance has superseded the liberal system of interdependent states focuses on the role of law in mediating power and shows how lawyers have shaped the main features of capitalism, especially the transnational corporation. It covers the main institutions regulating the world economy, including the World Bank, the IMF, the WTO and a myriad of other bodies, and introduces the reader to key regulatory arenas: corporate governance, competition policy, investment protection, anti-corruption rules, corporate codes and corporate liability, international taxation, avoidance and evasion and the campaign to combat them, the offshore finance system, international financial regulation and its contribution to the financial crisis, trade rules and their interaction with standards especially for food safety and environmental protection, the regulation of key services (telecommunications and finance), intellectual property and the tensions between exclusive private rights and emergent forms of common and collective property in knowledge.
This is the first book to provide a comparative and critical analysis of why and how six corporate mechanisms - (1) sustainability reporting; (2) board gender diversity; (3) constituency directors; (4) stewardship codes; (5) directors' duty to act in the company's best interests; and (6) liability on companies, shareholders and directors - have been or can be used to promote sustainability in the four leading common law jurisdictions in Asia (Singapore, Hong Kong, India and Malaysia). A central challenge is, whether and if so, how the corporate mechanisms should be reconceptualised to promote sustainability in an environment that is characterised by controlling shareholders, particularly the government in state-owned enterprises. Because controlling shareholders are the norm for the majority of the world's companies, and state-owned enterprises play a significant role, this book has important insights on the problems and prospects of advancing sustainability in concentrated and mixed ownership jurisdictions.
The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.
Corporations can significantly affect the fundamental rights of individuals. This book investigates how to determine the substantive content of their obligations that emanate from these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.
The practical book compares the increasingly popular NEC family of contracts with other construction industry standard forms. NEC3 and Construction Contracts: Compared and Contrasted will assist professionals - at all levels, involved in procurement in the construction industry - to make informed choices and give balanced advice when deciding which contract to use for a particular project. This new edition covers NEC3 in full as well as JCT, PPC and FIDIC forms of contract.
Das Buch beleuchtet neue Mobilitatsloesungen aus rechtlicher Perspektive. Der Bedarf nach neuen Mobilitatskonzepten im urbanen Raum besteht heute mehr denn je, etwa um die Feinstaubbelastung und den CO2-Ausstoss in Kommunen zu reduzieren und gleichzeitig dem massiven (auch pandemiebedingten) Anstieg des Pakettransports gerecht zu werden. Am Beispiel der LastMileTram wird der Ansatz verfolgt, den Pakettransport auf die Schiene zu verlegen. Hierzu sollen freie Kapazitaten der stadtischen Strassenbahnen genutzt und mit der Belieferung durch Lastenrader kombiniert werden. Im Rahmen des Projekts wurden zahlreiche rechtliche Herausforderungen der "Guterstrassenbahn" identifiziert. Diese werden in diesem Buch vorgestellt. Die rechtliche Analyse umfasst sowohl europarechtliche als auch nationale oeffentlich-rechtliche Aspekte. Zudem werden die zivilrechtlichen Haftungsverhaltnisse begutachtet. Daruber hinaus werden Anregungen zur Reformierung der Gesetzeslage eroertert.
The performance and survival of a business in a global economy depends on understanding and managing the risks-external and those embedded within its operations.It is vital to identify and prioritize significant risks and detect the weakest points. Adding other elements to an essential ERM program, such as PESTEL and Porter's 5 forces, treatment plans, scorecards, the three lines of defense (3LoD) components, and process improvements (six sigma, 8D, etc.) significantly increases the ERM success rate. The authors outline a comprehensive strategy to designing and implementing a robust and successful ERM program - and not just successful in implementation but also yielding enormous returns for the organizations that implemented this enhanced ERM program.
Lobbying competition is viewed as a delegated common agency game under moral hazard. Several interest groups try to influence a policy-maker who exerts effort to increase the probability that a reform be implemented. With no restriction on the space of contribution schedules, all equilibria perfectly reflect the principals' preferences over alternatives. As a result, lobbying competition reaches efficiency. Unfortunately, such equilibria require that the policy-maker pays an interest group when the latter is hurt by the reform. When payments remain non-negative, inducing effort requires leaving a moral hazard rent to the decision maker. Contributions schedules no longer reflect the principals' preferences, and the unique equilibrium is inefficient. Free-riding across congruent groups arises and the set of groups active at equilibrium is endogenously derived. Allocative efficiency and redistribution of the aggregate surplus is linked altogether and both depend on the set of active principals, as well as on the group size.
These guidance notes provide information on preparing and managing framework contracts, and worked examples of contract data. Also provided are flow charts which set out the operational logic of the contract. 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.
Option C is a target cost contract with an activity schedule where the out-turn financial risks are shared between the client and the contractor in an agreed proportion. This document contains all the core and secondary option clauses, the schedules of cost components, and contract data relevant to an option C contact. 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.
Option D is a target cost contract with a bill of quantities where the out-turn financial risks are shared between the Client and the Contractor in an agreed proportion. This document contains all the core and secondary option clauses, the schedules of cost components, and contract data relevant to an option D contract. 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. |
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