Guide to JCT Intermediate Contract 2016, the new edition of Sarah Lupton's ever popular Guide to IC11, is a practical guide to the operation and administration of the JCT Intermediate Contract suite 2016. All of the contract's provisions, procedures and conditions are organised and explained by subject, clearly distinguishing the different obligations due to various parties and the contractual issues arising during the course of a job - all backed up by the latest legislation and case law. Changes to this new edition include: thorough explanation and analysis of the new JCT Intermediate Contract 2016 comprehensive update on legislative changes since 2011, such as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and CDM Regulations 2015 coverage of key case law developments, on issues such as the meaning residential occupier, choice of contract, access to site, concurrent delay, inspection, practical completion, certification, payment, termination and mediation objective commentary and comparison with relevant features of the new RIBA Building Contracts brand new content to improve coverage and overall value to the reader fresh new design. Not only is this an indispensable reference for the hard-pressed practitioner, but, assuming no prior knowledge of JCT contracts or the law, it is also ideal for architecture and other construction students on the threshold of undertaking their professional exams.

This contract should be used for local and international procurement of goods under a single order or on a batch order basis and is for use with contracts which do not require sophisticated management techniques and impose only low risks on both the Purchaser and Supplier. 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 book analyses every aspect of the ease or otherwise of implementing the FIDIC Yellow Book Conditions of Contract. On a clause-by-clause basis, it highlights important structural features and suggests alternative text to avoid problems with the contract. Written in a user-friendly manner by an expert user of the FIDIC Suite of Contracts, who is a Member of the FIDIC President's List of Adjudicators, this book will be a vital reference point for contractors, lawyers, engineers, arbitrators and all others concerned with the FIDIC contracts.

Electrical Safety and the Law describes the hazards and risks from the use of electricity, explaining with the help of case studies and accident statistics the types of accidents that occur and how they can be prevented by the use of safe installations, equipment and working practices. It describes the British legislation on the safety of electrical systems and electrotechnical machinery control systems, much of which stems from European Directives and which will therefore be affected by the UK's decision to leave the EU (Brexit), and the main standards and guidance that can be used to secure compliance with the law. There are detailed descriptions covering the risks and preventive measures associated with electrical installations, construction sites, work near underground cables and overhead power lines, electrical equipment and installations in explosive atmospheres, electrical testing and electrotechnical control systems. Duty holders' responsibilities for designing, installing, and maintaining safe systems are explained, as well as their responsibilities for employing competent staff. The fifth edition has been substantially updated to take account of considerable changes to the law, standards and guidance; it has been expanded to include: a new chapter on the Corporate Manslaughter and Corporate Homicide Act; a new chapter describing landlords' legal responsibilities for electrical safety in private rented properties and social housing; a new chapter on the Electricity Safety Quality and Continuity Regulations; new information on offences, penalties, sentencing guidelines, and relevant case law; a description of the main requirements of BS 7671:2008 and other principal standards, many of which have been amended in recent years; new cases studies to illustrate the hazards and risks; information on changes to GB's health and safety system.

How the problematic behavior of private citizens-and not just the police force itself-contributes to the perpetuation of police brutality and institutional racism "Warning: Neighborhood Watch Program in Force. If I don't call the police, my neighbor will!" Signs like this can be found affixed to telephone poles on streets throughout the US, warning trespassers that the community is an active participant in its own policing efforts. Thijs Jeursen calls this phenomenon, in which individuals take on the responsibility of defending themselves and share with the police the duty to mitigate everyday insecurity, "vigilant citizenship." Drawing on eleven months of fieldwork in Miami and sharing the stories and experiences of police officers, private security guards, neighborhood watch groups, civil society organizations, and a broad range of residents and activists, Jeursen uses the lens of vigilant citizenship to extend the analysis of police brutality beyond police encounters, focusing on the often blurred boundaries between policing actors and policed citizens and highlighting the many ways in which policing produces and perpetuates inequality and injustice. As a central premise in everyday policing, vigilant citizenship frames racist and violent policing as matters of personal blame and individual guilt, ultimately downplaying the realities of how systemically race operates in policing and US society more broadly. The Vigilant Citizen illustrates how a focus on individualized responsibility for security exacerbates and legitimizes existing inequalities, a situation that must be addressed to end institutionalized racism in politics and the justice system.

Public procurement law, regulating public sector purchasing of certain contracts for goods, works and services, is an area of EU law which is closely intertwined with the UK's economy. It will almost inevitably be affected by the consequences of Brexit. At a time of significant uncertainty, this book explores policy directions which domestic procurement law could take in the future, including whether 'Buy National' policies might feasibly be introduced, or whether existing procurement procedures could be significantly reviewed.

Die Arbeit untersucht die Einwirkung der Rechtsprechung des EuGH auf das Verfahrensrecht, das die mitgliedstaatlichen Gerichte bei der Anwendung des Gemeinschaftsrechts zu beachten haben. Sie sieht die Rechtsprechung auf ein ebenenubergreifendes System des Rechtsschutzes gegen Gemeinschafts- und mitgliedstaatliche Rechtsakte ausgerichtet. Dies wird anhand der tatsachlich festzustellenden Einwirkung der Rechtsprechung auf die Systembereiche Rechtswegeroffnung, vorlaufiger Rechtsschutz, Hauptsache sowie allgemeines Verfahrens- und Organisationsrecht belegt. Dabei zeigt sich, dass der Einwirkung bundische, demokratische und Leitprinzipien einer ebenenververklammernden Verfassung des Gemeinschaftsrechtsraums zugrunde liegen

As usage of the NEC family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. Understanding the NEC4 ECC Contract uses plain English to lead the reader through the NEC4 Engineering and Construction Contract's key features. Chapters cover: The Contractor's main responsibilities the use of early warnings Contractor's design Tendering Quality management Payment Liabilities and insurance Termination Avoiding and resolving disputes and much more. Common problems experienced when using the Engineering and Construction Contract are signaled to the reader throughout, and the correct way of reading each clause explained. The way the contract effects procurement processes, dispute resolution, project management, and risk management are all addressed in order to direct the user to best practice. Written for construction professionals, by a practicing international construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC4 ECC available. An ideal companion for employers, contractors, project managers, supervisors, engineers, architects, quantity surveyors, subcontractors, and anyone else interested in working successfully with the NEC4 ECC.

Over the last 30 years, risks and costs associated with legal conflicts, compliance breaches, litigation, regulatory investigations, criminal prosecution, trials, and arbitration have increased exponentially in frequency and financial harm. Peter Kurer, former business lawyer, GC and chairman of UBS, and board member from various industries, presents his unique insight into the challenges of managing legal risk in a climate of globalization, corporate governance, and shifting political agendas. Legal & Compliance Risk: A Strategic Response to a Rising Threat for Global Business offers an overview of the global ascent of legal risk and outlines the ways in which companies have reacted to it. It presents the key processes that can be used to combat legal and compliance risk, including setting the proper strategy and risk governance on board level, organizing internal operations, allocation of work to internal and external legal and risk experts, developing effective internal reporting systems, using cutting-edge technology, and managing ethical conduct of employees as well as integrating these different processes within a business to build an effective business model for combating legal risk. Offering analytics, management tools, real-life examples, and practical advice in a user-friendly format, this is an accessible guide to managing legal risk for board members, senior managers, and professionals dealing with legal risk in and for global companies.

Hoteliers, restaurateurs, licensees and catering managers will, in the course of their work, enter into many legal relationships with other parties whilst at the same time being required to adhere to all of the statutory laws that apply to their business. A sound knowledge of the law is therefore important to the professional owner or manager, as are knowledge of business management and the fundamental skills of the profession.

The behavior of managers-such as the rewards they obtain for poor performance, the role of boards of directors in monitoring managers, and the regulatory framework covering the corporate governance mechanisms that are put in place to ensure managers' accountability to shareholder and other stakeholders-has been the subject of extensive media and policy scrutiny in light of the financial crisis of the early 2000s. However, corporate governance covers a much broader set of issues, which requires detailed assessment as a central issue of concern to business and society.
Critiques of traditional governance research based on agency theory have noted its "under-contextualized" nature and its inability to compare accurately and explain the diversity of corporate governance arrangements across different institutional contexts. The Oxford Handbook of Corporate Governance aims at closing these theoretical and empirical gaps. It considers corporate governance issues at multiple levels of analysis-the individual manager, firms, institutions, industries, and nations-and presents international evidence to reflect the wide variety of perspectives. In analyzing the effects of corporate governance on performance, a variety of indicators are considered, such as accounting profit, economic profit, productivity growth, market share, proxies for environmental and social performance, such as diversity and other aspects of corporate social responsibility, and of course, share price effects. In addition to providing a high level review and analysis of the existing literature, each chapter develops an agenda for further research on a specific aspect of corporate governance.
This Handbook constitutes the definitive source of academic research on corporate governance, synthesizing studies from economics, strategy, international business, organizational behavior, entrepreneurship, business ethics, accounting, finance, and law.

Das Werk richtet sich an alle, die forschend, lehrend, lernend oder praktisch mit den rechtlichen und betriebswirtschaftlichen Bereichen des international Business zu tun haben. Aus dem Inhalt: Vertragsrecht und Vertragsgestaltung bei internationalen Kaufvertragen. Internationale Produkthaftung. Eigentumsvorbehalt im internationalen Handel. Internationale Schiedsgerichtsbarkeit. Gerichtliche Durchsetzung von Anspruchen. Zahlungsrisiken und Einflussfaktoren auf die Zahlungsbedingungen. Nichtdokumentare Zahlungsbedingungen und Instrumente - Auslandsuberweisungen, Auslandsscheks, Auslandswechsel, Bankakzepte. Zahlung und Zahlungssicherung mit Dokumenteninkassi (Documentary Collections). Zahlung und Zahlungssicherung mit Dokumentenakkreditiven (Documentary Credits). (Zahlungs-)Sicherung mit Bankgarantien - mit Mustertexten. Zahlungssicherung und Risikouberwalzung bei langfristigen Zahlungszielen - mit Exkurs zum Exportfactoring. Risikouberwalzung auf Ausfuhrkreditversicherungen bzw. auf den Bund (Hermes-Deckungen). Anhang: Incoterms 2000."

This comprehensive and popular textbook aims to bridge the gap between theoretical study and practical application. It covers the essentials of construction contracts, including how the law has developed, the reasoning behind key clauses and how contract law is applied in practice, and it helps to make the transition from student to practitioner manageable. This text is intended for all undergraduates studying a construction contract law or a contract administration module or unit. It is ideal for postgraduate degrees in quantity surveying and building surveying, construction project management, and construction management. Civil engineers and students of architecture and architectural technology will find it provides a comprehensive guide to the law in the construction context. It is also very comprehensive in scope and provides sufficient materials to bridge the gap between the student and professional texts.

* 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.

Public procurement regulation in Africa is not widely researched. To address the shortage of scholarship in this area and to promote future research, this book analyses the law governing public procurement in a number of African systems and looks at key themes relevant to all African states. Part I discusses the regulatory regimes of nine African systems using a common framework, providing both a focused view of these African systems and an accessible comparative perspective. In Part II, key regulatory issues in public procurement that are particularly relevant in the African context are assessed through a comparative approach. The chapters consider the influence of international regulatory regimes (particularly the UNCITRAL Model Law on procurement) on African systems and provide insights into the way public procurement regulation is approached in Africa.

The 4th edition of this textbook offers a comprehensive and highly topical representation of the law of nations in its entirety in one volume.

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.

A clear and concise roadmap for ethical business behavior using commonsense moral principles Business Ethics for Better Behavior concisely answers the three most pressing ethical questions business professionals face: What makes business practices right or wrong?; Why do normal, decent businesspeople of good will sometimes do the wrong thing?; and How can we use the answer to these questions to get ourselves, our coworkers, our bosses, and our employees to behave better? Bad behavior in business rarely results from bad will. Most people mean well much of the time. But most of us are vulnerable. We all fall into moral traps, usually without even noticing. Business Ethics for Better Behavior teaches business professionals, students, and other readers how to become aware of those traps, how to avoid them, and how to dig their way out if they fall in. It integrates the best work in psychology, economics, management theory, and normative philosophy into a simple action plan for ensuring the best ethical performance at all levels of business practice. This is a book anyone in business, from an entry-level employee to CEO, can use.

Fur die 9. Auflage wurde der Band 2 des bewahrten Handbuchs voellig uberarbeitet und auf den neuesten Stand gebracht. Eine Aufteilung dieses Bandes in zwei Teilbande (A und B) wurde aufgrund des erheblich erweiterten Umfangs notwendig. Band A behandelt Seestrassen- und Schiffahrtsordnungen, Umweltschutzrecht sowie die politisch aktuelle Frage der Sicherung der Seefahrt und die voelkerrechtliche Aufteilung der Gewasser. Ein Kapitel beschaftigt sich mit Havarieuntersuchungen. Teil II des Teilbandes erlautert Manoevriereinrichtungen, -eigenschaften und das besonders wichtige Handhaben eines Schiffes in schwerem Wetter. Das Buch wendet sich an alle, die mit Fragen der Schiffsfuhrung befasst sind.

A majority of large-scale construction and major infrastructure projects are funded by public funds from taxpayers. However, these projects are often subject to severe delays and cost overruns. Large-Scale Construction Project Management: Understanding Legal and Contract Requirements introduces integrated approaches to project management and control mechanisms to effectively manage large-scale construction projects. It explains the contractual requirements and associated legal principles under the latest edition of the leading standard forms of contracts, including FIDIC 2017, NEC4, and JCT 2016. It explains integrated project governance regarding time, cost, risk, change, contract management, and more. Further, it discusses the legal issues of scheduling delays and disruptions regarding the Delay and Disruption Protocol (Society of Construction Law) as well as Forensic Schedule Analysis guidance (American Association of Cost Engineering). Features: Provides strategies to effectively resolve disputes during construction projects Examines Quantitative Schedule Risk Analysis (QSRA) and Quantitative Cost Risk Analysis (QCRA) Introduces the most recent software and techniques used in managing large-scale construction projects This book serves as a useful resource for project control and management professionals, researchers in construction management and project management, and students in building construction management and project management.