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A must-have resource for construction practitioners drafting and negotiating Turnkey and EPC contracts. It enables the users to understand key points when working on dispute cases and gain a thorough understanding of the clauses in the contracts. Key features: Provides insight and guidance when dealing with EPC-turnkey contracts Offers a comparison of the terms of the 2017 Silver Book with the 1999 Silver Book, 2017 Yellow Book and 2017 Red Book Takes a practical clause-by-clause approach offering practical commentary and guidance on the new features of the 2017 FIDIC Silver Book including the 30 newly defined terms, improved liability provisions, new triggers for termination, re-written insurance provisions, active contract management approach, re-structured variations clause, enhanced defects notification, commencement, delays and suspensions clause and re-formulated claims and disputes procedure Provides commentary on a selection of the latest standard form contracts published in the construction industry other than FIDIC namely the JCT, NEC4 ECC, IChemE, AIA, DBIA, ENAA and ICC contracts Features the authors' bespoke EPC-turnkey contract used for tendering a multi-billion dollar expansion of a refinery Guides you on what to consider when putting together a case, drafting a contract or negotiating terms with a client from the perspective of both the contractor and the employer Considers risk allocation for contracts Uses flowcharts and diagrams to illustrate key points
Federal Construction Law for Construction Professionals
Any firm intent on benefitting from the boom in federal government construction contracts must navigate an increasingly complicated and demanding set of laws, regulations, and practices that govern these projects and the contractors performing them. To help guide you through this maze, here is the updated edition of the easy-to-understand guide to the practical reality of these special requirements, and how managers and owners of construction industry firms can use them to effectively avoid pitfalls on current projects and compete successfully for new projects.
Smith, Currie & Hancock's Federal Government Construction Contracts, Second Edition walks the reader through actual federal contracts, highlights critical clauses, and simplifies governmental and legal jargon to provide ease of use by the nonlawyer.
Updates to this Second Edition include:
Coverage of the newly enacted American Recovery and Reinvestment Act of 2009
Specifics of federal government grants to state and local public construction contracts
New insights on Design-Build, Early Contractor Involvement (ECI), BIM, Green Construction, and Web-based project management techniques used by the federal government
A revised look at the increasingly detailed business ethics and compliance program requirements for contractors and subcontractors as mandated by the federal government for its contractors
A unique Web site at www.wiley.com/go/federalconstructionlaw provides the user with a Table of Acronyms and Terms commonly found in federal government contracts, an extensive list of Web sites of interest to federal government construction contractors, checklists, sample forms, as well as specifications related to innovations in project delivery
By making transparent the many rights, risks, and legal responsibilities involved in a federal government construction project, Smith, Currie & Hancock's Federal Government Construction Contracts, Second Edition provides construction industry professionals--from general contractors, subcontractors, and designers to surety bond agents--with the insight and understanding they need to avoid problems and run a successful project from start to finish.
There is a growing trend in virtual commercial transactions. In order to protect people's right in the virtual world, it is essential for us to understand the commercial implications of virtual world economies by evaluating the effectiveness of the existing laws in business, technology and commercial transactions. This book is about the impact of virtual world activites and transactions on commercial law. Through the 13 articles written by a team of scholars specialising in this area, various issues about the opportunities, challenges, and solutions on this new market will be discussed.
This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law in the pharmaceutical sector, which continues to be a focus for anti-trust authorities around the world. A detailed international report explores the extent to which the application of the competition rules in the pharmaceutical sector should be affected by the specific characteristics of those products and markets (including consumer protection rules, the need to promote innovation, the need to protect public budgets, and other public interest considerations). It provides an excellent comparative study of this complex subject, which lies at the interface between competition law and intellectual property law. The second part of the book gathers contributions from various jurisdictions on the topic of "What rules should govern claims by suppliers about the national or geographic origin of their goods or services?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with indications of origin, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari'ah law. Excelling in describing the "how and why", this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs. This updated fourth edition explains the various international formats and types of dispute boards in use today and brings readers up-to-date on the ever-evolving law within the field. The text guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world. This book is essential reading for construction lawyers, engineers and dispute board stakeholders worldwide.
This book aims to advance the understanding of pre-commercial procurement (PCP) as innovation policy instrument and as means to fulfil public needs. To this end, it places PCP within its political and legal context and elucidates its origins and its economic rationale. Based on this analysis, it suggests a clear conceptualization of PCP and a clear delineation from other innovation policy instruments. Subsequently, the book assesses the value and achievements of the more established type of PCP policy programmes, and draws lessons for improvement. In this context, it raises awareness of the remaining obstacles to its wide and effective implementation and suggests appropriate solutions ranging from policy guidance to law interpretation and legislative reform. The text makes use of illustrative practical examples of policy-making and project implementation in various public programmes of R&D procurement. This is a highly relevant book for academics and practitioners in the field of public procurement. Ramona Apostol is Senior Procurement Adviser at Corvers Procurement Services B.V. in the Netherlands. She holds a Ph.D. in Law from Leiden University, the Netherlands. She has been involved in a wide range of procurement projects related to the implementation of R&D and innovation procurement and regularly acts as independent expert for the European Commission on this topic.
This book addresses the lack of binding multi-lateral international agreement on cartels, through analysis of trials and failures. It also suggests strategic approaches to overcome current standstills. In addition, the book contrasts international agreement on cartels with inter-governmental commodity agreement which has been developed separately through international law. Through this project, the author puts forth that successful international law on cartels needs to reflect the interests and arguments of developing countries.
Climate change. Telematic surveillance. The gig economy. Transgender rights at work. Food security. Native advertising. Now you can take a closer look at the hot topics impacting business law and ethics today as you examine real applications in the thought-provoking LAW AND ETHICS IN THE BUSINESS ENVIRONMENT, 9E. This edition dives into current controversies and makes classroom discussion with your instructor and peers come alive. Content prompts you to carefully consider recent, important court cases, while readings challenge you to think critically about contemporary legal and ethical dilemmas. Interactive assignments, such as role play, mock trials, and negotiation exercises, sharpen your ability to tackle tough problems and communicate effectively.
What is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi-disciplinary practitioners. With an emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels.
An important and timely contribution to rapidly growing competition law in South Africa, this study meets the need for critical evaluation of the developments in the field since the Competition Act came into force in 1999. Chapters cover vital questions ranging from broad policy considerations to technical issues in the main areas of competition evaluation, namely merger assessment, abuse-of-dominance enforcement, and the detection and prosecution of cartels. The book reflects on the maturing South African competition law regime and discusses a framework for promotion competition in electronic communications; vertical arithmetic and its application in vertical mergers; price discrimination in input markets; the empirical differences between collusion, parallelism, and competition; and the role of information exchange in facilitating collusion.
Addresses the daily challenges faced by contractors who use the NEC3 ECC with clear, practical and useable advice on how to solve them Written in plain English for contractors and their staff, this book explains how the NEC3 contract works and provides answers to common questions. It presents complicated concepts in a simple, straightforward and understandable way, focusing mainly on day-to-day use. Steven Evans, an expert with thirty years of experience in construction, considers all the provisions of the contract and explains the procedures, obligations, and liabilities contained within it. NEC3 ECC is a process-based contract based on project management best practices. The basic philosophy behind it differs radically from the more adversarial approaches embodied by traditional contracts. While the NEC3 ECC may appear quite simple on the surface, it is often misunderstood and mismanaged by its day-to-day users. Despite the clear and urgent need for expert guides for those who use the NEC3 ECC, or who are considering adopting this increasingly popular contract, available books on the subject are highly technical and written for lawyers and professional consultants until now. Written specifically for contractors using the NEC3 ECC contract, this book is aimed specifically at a level consistent with the knowledge and experiences of contractors and their staff. * A practical guide to the procedures in the NEC3 Engineering and Construction Contracts * Written specifically for those using and administering the contracts not for lawyers or professional consultants * Considers all the provisions of the contract and explains the procedures, obligations and liabilities * Covers all NEC3 ECC versions and variations created by the Main and Secondary Options * Provides clear, concise, practical, and straightforward explanations of the NEC3 ECC form used by commercial and operational staff of main contractors The Contractor's NEC3 EEC Handbook is a vital working resource for main contractors and their employees, including quantity surveyors, commercial managers, contracts managers, project managers, site managers, and estimators.
The EU Services Directive is difficult to achieve without also affecting issues of national social policy, closely related to the welfare state. The EU Services Directive's characteristics have raised numerous legal questions essential for its full understanding and implementation. It has become a "moving target" for the national administrations. In this book important issues are covered: is the EU Services Directive to be interpreted as law or simply policy and what are its actual effects on the regulatory autonomy of the Member States? Does it represent a new and innovative instrument which facilitates prosperous integration within the EU or, has the EU legislator gone beyond its regulatory competence? This book helps to understand the EU Services Directive and its effects on the regulatory autonomy of the Member States of the European Union in a broader perspective. It is valuable for academics, practitioners and officials both nationally as well within the EU institutions.
Expert authors present a primer on the law of sales and leases under Articles 2 and 2A of the UCC. This text also focuses on related subjects governed by Articles 5 and 7 of the UCC (letters of credit and documents of title). Introduces the formation of the contract and examines the statute of frauds, parol evidence, and modification. Covers terms of the contract, as well as performance; third-party title and rights; risk of loss; warranty obligations; repudiation, breach, and excuse; and remedies.
Written by an experienced industry professional, this book is the most comprehensive volume on the management and law of sub-contracts to date.
Towns are complicated places. It is therefore not surprising that from the beginnings of urban development, towns and town life have been regulated. Whether the basis of regulation was imposed or agreed, ultimately it was necessary to have a law-based system to ensure that disagreements could be arbitrated upon and rules obeyed. The literature on urban regulation is dispersed about a large number of academic specialisms. However, for the most part, the interest in urban regulation is peripheral to some other core study and, consequently, there are few texts which bring these detailed studies together. This book provides perspectives across the period between the high medieval and the end of the nineteenth century, and across a geographical breadth of European countries from Scandinavia to the southern fringes of the Mediterranean and from Turkey to Portugal. It also looks at the way in which urban regulation was transferred and adapted to the colonial empires of two of those nations.
Questions of agency regularly arise in the work of commercial practitioners. This book, noted for its uniquely clear and accessible style, provides an invaluable reference guide to the main principles of agency law, including detailed explanation of the Commercial Agents (Council Directive) Regulations of 1993. Detailed and incisive analysis of case law is combined with a practical approach to the law which accurately reflects modern commercial realities, considering the application of agency principles according to particular classes of agents operating in the major commercial sectors. It includes discussion of actual and apparent authority of an agent, agency of necessity, want of authority and ratification looking at the legal relations between principal and agent, and between third party as well as the relations between agent and third party, sub-agency and termination of agency. In keeping with the approach of previous editions, the third edition of Agency: Law and Principles emphasises contemporary case law, and has been fully revised and updated in response to significant recent developments.
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states' experiences of implementing the Cross-border Mergers Directive.
This book discusses the proper use of legal language in business communication. While communicating, a business leader has to bear in mind the relevant legal framework, and be sure to never violate it. However, legal language in itself can be so complex and difficult that it is often unclear as to what meaning can be ascribed to different words and phrases used in a particular context. Also, while it's easy to say that there are certain limits to the law, those limits are not readily visible to the uninitiated; occasionally, even experts flounder. Exploring precisely these topics, the book will be of interest to students of business, law, and business communication; managers; lawyers; researchers; practitioners; and general readers alike.
An easy-to-use illustrated guide to building codes for residential structures
As the construction industry moves to a single set of international building codes, architects and construction professionals need an interpretive guide to understand how the building code affects the early design of specific projects. This newest addition to Wiley's series of focused guides familiarizes code users with the 2009 International Residential Code(R) (IRC) as it applies to residential buildings. The book provides architects, engineers, and other related building professionals with an understanding of how the International Residential Code was developed, and how it is likely to be interpreted when applied to the design and construction of residential buildings.- User-friendly visual format that makes finding the information you need quick and easy- The book's organization follows the 2009 International Residential Code itself - Nearly 900 illustrations, by architectural illustrator Steven Juroszek in the style of noted illustrator and author Frank Ching, visualize and explain the codes- Text written by experienced experts who have been instrumental in gaining acceptance for the new unified building code
This book is an essential companion to the IRC for both emerging practitioners and experienced practitioners needing to understand the new IRC.
Over the past two decades public accountability has become not only an icon in political, managerial, and administrative discourse but also the object of much scholarly analysis across a broad range of social and administrative sciences. This handbook provides a state of the art overview of recent scholarship on public accountability. It collects, consolidates, and integrates an upsurge of inquiry currently scattered across many disciplines and subdisciplines. It provides a one-stop-shop on the subject, not only for academics who study accountability, but also for practitioners who are designing, adjusting, or struggling with mechanisms for accountable governance. Drawing on the best scholars in the field from around the world, The Oxford Handbook of Public Accountability showcases conceptual and normative as well as the empirical approaches in public accountability studies. In addition to giving an overview of scholarly research in a variety of disciplines, it takes stock of a wide range of accountability mechanisms and practices across the public, private and non-profit sectors, making this volume a must-have for both practitioners and scholars, both established and new to the field.
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