Das Handbuch der kommunalen Wissenschaft und Praxis (HKWP) ist das f hrende Standardwerk im Bereich der Kommunalwissenschaften. Mit seinem Konzept, den aktuellen Forschungsstand mit dem empirischen Wissen der Praxis zu verbinden, ist es seit nunmehr ber f nfzig Jahren ohne Konkurrenz. In dritter Auflage besteht das Werk aus den vier Teilb nden Grundlagen und Kommunalverfassung, Kommunale Wirtschaft, Kommunale (Fach)Aufgaben sowie Kommunale Finanzen . Der nunmehr vorliegenden Band Kommunale Wirtschaft behandelt neben dem europa- und verfassungsrechtlichen Rahmen sowie den allgemeinen Zul ssigkeitsvoraussetzungen kommunaler Wirtschaftst tigkeit insbesondere die Rechtsformen und Spezialfragen der F hrung kommunaler Unternehmen. Dar ber hinaus werden in Einzelbeitr gen die sektoriellen Besonderheiten diverser kommunalwirtschaftlicher T tigkeitsfelder dargestellt.

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.

The legal system affects behavior not just directly, by imposing sanctions, but also indirectly, by producing information on how people behave. For example, internal company documents exposed during litigation will help third parties assess whether they trust a company and want to keep doing business with it. The law therefore affects behavior by shaping reputations. Drawing on economics, communications, and a nascent multidisciplinary literature on reputation, Roy Shapira highlights how reputation works, and how information from the courtroom affects the court of public opinion, with a particular emphasis on the role of the media. By fleshing out interactions between law and reputation, Shapira corrects common misperceptions about the ability of market forces to discipline corporate behavior and adds to timely, ongoing debates such as the desirability of heightened pleading standards or mandatory arbitration clauses. Law and Reputation should interest any scholar who invokes notions of market discipline in their work.

Revised to cover the impact of the 'best value' regime, this text provides a detailed examination of the law of public and utilities procurement. It is illustrated by the use of practical examples, including an in-depth focus on 'grey' areas.

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.

Established author Anthony Thuillier, barrister-at-law, has teamed up with Catherine MacDaid, barrister-at-law, to pen a new book designed specifically for students of business law, entitled Business Law in Ireland and part of the successful 'Core d104 Series'. The unique and engaging writing style employed by the authors and their ability to simplify and explain complex legal topics such as tort, contract and company law, make the subject matter both accessible and interesting. Divided into six general parts, with 25 chapters, this book commences with an introduction to the law, designed for primarily for those who are new to the subject. Thereafter, each part explores the major requisite themes concerning business law, including the Company and Commercial Law, Employment Law, Law of Tort, the Law of Contract and European Union Law.

Are you unsure about: the current US legal environment with respect to BIM and VDC? the evolving standards of care for design and construction professionals using BIM and VDC? what practical methods and techniques can be used for analyzing construction claims and disputes involving BIM technologies and VDC processes? Building Information Modeling (BIM) technologies and Virtual Design and Construction (VDC) processes are aggressively and fundamentally changing the design, construction and operation of buildings. Supporters of BIM have highlighted the potential these technologies have to reduce the need for claims, disputes and litigation, but evidence from several early sources shows they are not universally successful in this. This timely and unique book provides crucial new methods for analyzing construction disputes in this emerging AEC technological landscape. It explains how BIM & VDC has significantly altered the production and delivery of construction drawings, quantity surveys, and schedules, and how these changes might impact construction disputes. The findings and advice in this book are indispensable to any stakeholder in a construction project using BIM. It will help Contractors, Cost Managers, Architects, Building Designers, Quantity Surveyors, and Project Managers to navigate and understand their responsibilities and exposure to risk when working with this new technology.

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.

The short subcontract can be used as a subcontract to NEC3 Engineering and Construction Contract (ECC) and NEC3 Engineering and Construction Short Contract (ECSC). It should be used with contracts which do not require sophisticated management techniques, comprise straightforward work and impose only low risks on both the contractor and the subcontractor. It contains the subcontract clauses and contract data forms 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 Term Service Contract is an entirely new NEC document and is intended to be used for the appointment of a supplier for a period of time to manage and provide a service. This document contains the core clauses, the three main option clauses, secondary option clauses and contract data forms. ENDORSEMENTS 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. Facilities Management Board support for the NEC3 Term Service Contracts The Facilities Management Board of the Cabinet Office UK recognises that the NEC3 Term Services Contracts support good practice in FM Procurement in the public sector. BIFM supports the NEC3 Term Service Contracts

These guidance notes explain the provisions of the Term Service Short Contract when it is used for a simple, low risk contract. The flow charts show the procedural logic on which the TSSC is based and are published in this volume for reference. ENDORSEMENTS 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. Facilities Management Board support for the NEC3 Term Service Contracts The Facilities Management Board of the Cabinet Office UK recognises that the NEC3 Term Services Contracts support good practice in FM Procurement in the public sector. BIFM supports the NEC3 Term Service Contracts

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.

NEC Managing Reality: A Practical Guide to Applying NEC3 is a series of books written by NEC experts well versed in using the NEC `at the coal face' that explain how the NEC can be used to optimum benefit in everyday environments. The second edition includes full updates to each of the five books: Introduction to the engineering and construction contract; Procuring an engineering and construction contract; Managing the contract; Managing change; Managing procedures. This new edition focuses solely on NEC3, with new practical examples from across the world. Sections on disallowable cost, defects, roles/responsibilities and schedule of cost components have been expanded and enhanced.

Contractual Procedures in the Construction Industry 7th edition aims to provide students with a comprehensive understanding of the subject, and reinforces the changes that are taking place within the construction industry. The book looks at contract law within the context of construction contracts, it examines the different procurement routes that have evolved over time and the particular aspects relating to design and construction, lean methods of construction and the advantages and disadvantages of PFI/PPP and its variants. It covers the development of partnering, supply chain management, design and build and the way that the clients and professions have adapted to change in the procurement of buildings and engineering projects.

This book is an indispensable companion for students taking undergraduate courses in Building and Surveying, Quantity Surveying, Construction Management and Project Management. It is also suitable for students on HND/C courses in Building and Construction Management as well as foundation degree courses in Building and Construction Management.

Key features of the new edition include:

A revised chapter covering the concept of value for money in line with the greater emphasis on added value throughout the industry today.

A new chapter covering developments in information technology applications (building information modelling, blockchains, data analytics, smart contracts and others) and construction procurement.

Deeper coverage of the strategies that need to be considered in respect of contract selection.

Improved discussion of sustainability and the increasing importance of resilience in the built environment.

Concise descriptions of some the more important construction case laws.

Table of Contents

List of Figures

List of Tables

List of Boxes

Preface

Table of Statutes

Part 1 Contract Law

1. The English Legal System

2. Legal Aspects of Contracts

3. Discharge of Contracts

4. Remedies for Breach of Contract

5. Settlement of Disputes

Part 2 Procurement

6. Forms of Contract

7. Contract Strategy

8. Contract Procurement

9. Contract Selection

10. Contract Documents

11. Design and Build

12. Procurement in the 21st century

13. Lean construction

14. PFI/PPP

15. Value for Money

Part 3 Process and Parties

16. Partnering and SCM

17. The Construction Process

18. Parties involved in the construction industry

19. Site communications

20. Constructing Excellence in the Built Environment

21. Health, Safety & Welfare

22. Sustainable construction

23. BIM

24. Carbon Pricing

Part 4 Principles of Construction Contract

25. Introduction

26. Quality

27. Costs

28. Time

29. Works by other parties

30. Injury and Insurance

31. Fluctuations

32. Financial matters

33. General clauses

Appendices

Professional bodies

Cases of interest

Contract and Procurement web sites

Bibliography

Index