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Delay clauses in construction contracts are notoriously inadequate
when invoked. The inherent, evidentiary uncertainties surrounding
the causes and effects of project delays render them not only
difficult to resolve when a dispute arises, but also difficult to
regulate contractually. It is not surprising, then, that the
governing law of the contract often plays a role when it comes to
interpreting and applying contractual clauses dealing with delays,
such as liquidated damages clauses and time extension clauses. And
in many jurisdictions the governing law, while asserting the
parties' right to contractual freedom, in fact fully or partly
disables such clauses by restraining the employer's right to claim
liquidated damages or imposing unfair contract terms rules. In this
book well-known practitioners from twelve countries that attract
large-scale international construction projects describe and
analyse the interpretation and application of delay clauses under
the laws of their respective countries. In each of their
presentations the reader will find in-depth responses to the
following questions: * Is the employer required to demonstrate a
loss in order to claim liquidated damages? * Can the employer claim
damages for delay as an alternative or in addition to a claim for
liquidated damages? * Under which circumstances can the employer
defeat a clause limiting the contractor's liability for delays? *
Do interim delays trigger claims for liquidated damages? * How are
claims for liquidated damages calculated and enforced? * Can the
contractor claim a reduction of the employer's claim for liquidated
damages? * Under what circumstances can the contractor or the
employer claim an extension of an agreed time limit and who owns
the 'float'? * How are concurrent delays dealt with? * Does the law
impose any notice requirements on the employer in regard to
claiming liquidated damages? * Under which circumstances does a
delay warrant termination of the construction contract? In
addition, each author includes a brief description of the
construction law environment in his or her country and highlights
pitfalls and advantages to be aware of when dealing with a standard
construction contract, such as the FIDIC Red Book, in that country.
As an eminently practical guide to relevant local law for project
managers, engineers, consultants and others concerned in the
administration and planning of major construction projects, this
book will prove to be a very welcome resource. It will also be very
helpful to legal advisors involved in the drafting and negotiation
of major international construction contracts and/or in dispute
resolution proceedings.
Vocational Education in the Nordic Countries: Learning from
Diversity is the second of two books that disseminates new and
systematic knowledge on the strengths and weaknesses of the
different models of vocational education and training (VET) in four
Nordic countries. Vocational education in Europe has resisted
standardisation to a higher degree than other fields of education,
and during the last decade, there has been a growth in
international, comparative VET research. While the Nordic countries
provide an ideal case for comparative education studies, the
literature in English on the Nordic VET systems is at present very
limited. This book provides thorough examinations of VET in Sweden,
Denmark, Norway and Finland. Each section examines the current
challenges for VET, compares how these challenges are managed, and
explores recent reforms and institutional innovations. Contributors
also analyse institutions and policies at the national level and
include comparative studies of two occupations at the micro-level
in the four countries. The book explores what can be learned from
the diversity of the VET systems in the Nordic countries, which
otherwise have many similarities and share a common heritage in
education policy. This volume will help strengthen the knowledge
base required for transnational policy learning, and for developing
vocational education internationally for the future. As a result,
the book will be of interest to researchers, academics and
postgraduate students involved in the study of vocational
education, educational studies and educational policy, as well as
policy makers.
Vocational Education in the Nordic Countries: Learning from
Diversity is the second of two books that disseminates new and
systematic knowledge on the strengths and weaknesses of the
different models of vocational education and training (VET) in four
Nordic countries. Vocational education in Europe has resisted
standardisation to a higher degree than other fields of education,
and during the last decade, there has been a growth in
international, comparative VET research. While the Nordic countries
provide an ideal case for comparative education studies, the
literature in English on the Nordic VET systems is at present very
limited. This book provides thorough examinations of VET in Sweden,
Denmark, Norway and Finland. Each section examines the current
challenges for VET, compares how these challenges are managed, and
explores recent reforms and institutional innovations. Contributors
also analyse institutions and policies at the national level and
include comparative studies of two occupations at the micro-level
in the four countries. The book explores what can be learned from
the diversity of the VET systems in the Nordic countries, which
otherwise have many similarities and share a common heritage in
education policy. This volume will help strengthen the knowledge
base required for transnational policy learning, and for developing
vocational education internationally for the future. As a result,
the book will be of interest to researchers, academics and
postgraduate students involved in the study of vocational
education, educational studies and educational policy, as well as
policy makers.
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