International Construction Contracts

International Construction Contracts Author William Godwin
ISBN-10 9781118498460
Year 2012-12-12
Pages 224
Language en
Publisher John Wiley & Sons

Many large construction projects, such as those in the Middle East or Asia Pacific, are international in scope with a range of contractors and subcontractors signing contracts for delivery of specified work or services. The contractual situation in these instances may be complex and potentially includes a range of standard and bespoke contractual arrangements. In addition, the parties to these contracts may be based in different parts of the world, and are often working to different legal systems and understandings. This can lead to confusion in the understanding, interpretation and execution of a given contract. International Construction Contracts provides concise and practical guidance to those involved in the negotiation and management of international construction and engineering contracts. It sets out in clear, straightforward language the main features of construction contracts and international dispute resolution procedures. It ensures the reader is aware of the issues that might arise on the contractual side of their project so that they may better protect their party's interests. Many of the features and points discussed are illustrated by reference to the popular FIDIC contracts and the book includes a commentary on the two most widely used FIDIC design-build forms, the Yellow and Silver Books. Also included in the book is a fully worked example of a typical ICC arbitration from start to finish, with "pleadings", a detailed case narrative and commentary on events, and an example arbitration award. The ICC and SIAC arbitration rules are also provided. Written for construction professionals, the book will be of great interest to engineers, architects, project managers, quantity surveyors, contract managers and contract administrators working on international projects.


FIDIC Author Robert Knutson
ISBN-10 9789041123237
Year 2005
Pages 391
Language en
Publisher Kluwer Law International

In this unique guide to the suite of contracts published by FIDIC (The International Federation of Consulting Engineers) - the contract forms most widely used for international construction undertakings - twenty-two outstanding authorities in construction law from a wide variety of countries, describe relevant likely pitfalls (and special opportunities) for foreign lawyers in each of their jurisdictions. This very useful book will be extremely welcome to in-house counsel who must evaluate the legal disposition of a proposed or pending construction contract subject to the laws of a foreign jurisdiction. It will continue to be of service as long as the project proceeds and beyond, particularly for the optimal resolution of disputes.

Delay Clauses in International Construction Contracts

Delay Clauses in International Construction Contracts Author Jacob C. Jørgensen
ISBN-10 9789041126726
Year 2010
Pages 362
Language en
Publisher Kluwer Law International

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 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.

International Construction Arbitration Law

International Construction Arbitration Law Author Jane Jenkins
ISBN-10 9789041123411
Year 2006
Pages 442
Language en
Publisher Kluwer Law International

International Construction Arbitration Law is a practical guide to dispute resolution under construction contracts. The authors consider the full range of available dispute resolution methods, including: and• mediation, and• conciliation, and and• determination by dispute review board or expert panel, before focusing specifically on arbitration. The book looks briefly at all aspects of arbitration, from commencement of proceedings, through preparation and collection of the evidence necessary in complex construction cases, to common procedural issues, the conduct of the hearing and the effect of the award. It also provides guidance on the effective administration of construction contracts and claims management, as well as partnering and alliancing techniques that may avoid the need for recourse to formal dispute resolution. In keeping with its practical focus, the book includes checklists and executive summaries of key points, as well as extracts from relevant institutional rules and other supporting materials.

International construction contract management

International construction contract management Author D. Bryan Morgan
ISBN-10 UOM:39015061430602
Year 2005-06-01
Pages 322
Language en
Publisher Ashgate Pub Co

International Construction Contract Management is a comprehensive, easy to understand and practical reference book for construction professionals working on overseas projects. Written by Bryan Morgan, a surveyor and contract claims consultant with over 40 years' experience of construction contract and claims-related management from around the world, this book has been designed specifically to help in overcoming the day-to-day contractual problems encountered in the field.International Construction Contract Management acknowledges that the management of projects is frequently problematic because they are rarely comprised of straightforward buildings or procured under standard forms of contract. Based on case histories from around the globe, the book serves as an invaluable general guide to current interpretations under Common Law, Civil Code rules and customary trade and industrial practices. It clarifies terms and points of law to offer guidance that can be applied in most situations, helping the reader to resolve problems quickly and without outside assistance or resorting to expensive litigation.Organised topic by topic in alphabetical order and supplemented by sample forms and checklists, International Construction Contract Management will be of use to architects, engineers, project managers, contract managers, claims consultants, quantity surveyors, contract administrators and contract engineers.

Delay and Disruption in Construction Contracts

Delay and Disruption in Construction Contracts Author Andrew Burr
ISBN-10 9781317377726
Year 2016-02-05
Pages 1272
Language en
Publisher CRC Press

Delay and disruption in the course of construction impacts upon building projects of any scale. Now in its 5th edition Delay and Disruption in Construction Contracts continues to be the pre-eminent guide to these often complex and potentially costly issues and has been cited by the judiciary as a leading textbook in court decisions worldwide, see, for example, Mirant v Ove Arup [2007] EWHC 918 (TCC) at [122] to [135] per the late His Honour Judge Toulmin CMG QC. Whilst covering the manner in which delay and disruption should be considered at each stage of a construction project, from inception to completion and beyond, this book includes: -An international team of specialist advisory editors, namely Francis Barber (insurance), Steve Briggs (time), Wolfgang Breyer (civil law), Joe Castellano (North America), David-John Gibbs (BIM), Wendy MacLaughlin (Pacific Rim), Chris Miers (dispute boards), Rob Palles-Clark (money), and Keith Pickavance -Comparative analysis of the law in this field in Australia, Canada, England and Wales, Hong Kong, Ireland, New Zealand, the United States and in civil law jurisdictions -Commentary upon, and comparison of, standard forms from Australia, Ireland, New Zealand, the United Kingdom, USA and elsewhere, including two major new forms -New chapters on adjudication, dispute boards and the civil law dynamic - Extensive coverage of Building Information Modelling -New appendices on the SCL Protocol (Julian Bailey) and the choice of delay analysis methodologies (Nuhu Braimah) -Updated case law (to December 2014), linked directly to the principles explained in the text, with over 100 helpful "Illustrations" -Bespoke diagrams, which are available for digital download and aid explanation of multi-faceted issues This book addresses delay and disruption in a manner which is practical, useful and academically rigorous. As such, it remains an essential reference for any lawyer, dispute resolver, project manager, architect, engineer, contractor, or academic involved in the construction industry.

Construction Contract Variations

Construction Contract Variations Author Michael Sergeant
ISBN-10 9781317685159
Year 2014-05-23
Pages 412
Language en
Publisher CRC Press

Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.

The Construction Contracts Book

The Construction Contracts Book Author Daniel S. Brennan
ISBN-10 1604422556
Year 2008
Pages 373
Language en
Publisher American Bar Association

Most construction lawyers are familiar with the American Institute of Architects (AIA), Engineers Joint Contract Documents Committee (EJCDC) forms of agreements, and the newer ConsensusDOCS forms. The ConsensusDocs forms replace many of the forms previously issued by the Associated General Contractors of America (AGC). Now completely revised, this invaluable resource offers a topic-by-topic comparison of these forms by providing: An easy-reference guide to how the AIA, ConsensusDOCS and EJCDC forms treat the most significant issues in owner/contractor/subcontractor and owner/design professional agreements Proposed alternative language for situations where the form contract approach may not provide the best solution List comparing the most significant provisions from each of these forms (on the CD-ROM)"

Construction Contracts

Construction Contracts Author Jimmie Hinze
ISBN-10 0073397857
Year 2010-09-10
Pages 560
Language en
Publisher McGraw-Hill Education

Construction Contracts 3e was written to serve as a learning tool and reference guide. The fundamentals of contract law are presented, along with an in-depth treatment of the construction topics which most frequently result in litigation illustrated by example cases. In addition the author provides an overview of other important construction-related topics, including the procurement process for construction contracts, methods of dispute resolution, surety bonds, construction insurance, construction safety, and construction labor laws. The book is of a managable size for a one-semester course and suitable for undergraduate or graduate construction or architecture students. The 3rd edition incorporates many changes in construction law, regulation, and practice that have occurred during the past decade.

Delay Analysis in Construction Contracts

Delay Analysis in Construction Contracts Author P. John Keane
ISBN-10 9781118631126
Year 2015-04-27
Pages 288
Language en
Publisher John Wiley & Sons

The most significant unanticipated costs on many construction projects are the financial impacts associated with delay and disruption to the works. Assessing these, and establishing a causal link from each delay event to its effect, contractual liability and the damages experienced as a direct result of each event, can be difficult and complex. This book is a practical guide to the process of delay analysis and includes an in-depth review of the primary methods of delay analysis, together with the assumptions that underlie the precise calculations required in any quantitative delay analysis. The techniques discussed can be used on projects of any size, under all forms of construction contract, both domestic and international. The authors discuss not only delay analysis techniques, but also their appropriateness under given circumstances, demonstrating how combined approaches may be applied where necessary. They also consider problematic issues including ‘who owns the float’, concurrent delay, early completion programmes, and disruption. The book has been brought fully up to date, including references to the latest publications from the CIOB, AACEI and SCL, as well as current case law. Broad in scope, the book discusses the different delay analysis approaches likely to be encountered on national and international projects, and features practical worked examples and case studies demonstrating the techniques commonly used by experienced practitioners. This is an invaluable resource to programmers and schedulers, delay analysts, contractors, architects, engineers and surveyors. It will also be of interest to clients’ professional advisors managing extension of time or delay claims, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. Reviews of First Edition "John Keane and Anthony Caletka are pukka analysts in that tricky area of delays, programming and extension of time. I highly recommend their book Delay Analysis in Construction Contracts. Buy the book." (Building Magazine, February 2009) "The book′s stated purpose is to provide a practical guide for those interested in schedule delay analysis. It provides a good in–depth review of the most common delay analysis techniques.... An excellent book, full of practical tips for the reader and very timely in its publication. It is well worth the cost and a good read for anyone involved in schedule delay analysis." (Cost Engineering, February 2009) It achieves in spades its stated aim of being a practical guide for contractors, contract administrators, programmers and delay analysts, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. (Construction Law Journal, 2009)

Civil Engineering Construction Contracts

Civil Engineering Construction Contracts Author Michael O'Reilly
ISBN-10 0727727850
Year 1999
Pages 378
Language en
Publisher Thomas Telford

The second edition of this extremely popular book has been fully revised to reflect the recent changes in all the principal civil engineering contracts including the ICE 6th, the New Engineering Contract, the Arbitration and Conciliation Acts and the Housing Grants, Construction and Regeneration Act 1998. It will also include commentary on the new ICE 7th and international contracts. The book provides a succinct and authoritative introduction to contract law and the standard forms of contract used in civil engineering projects, providing an analysis of the various contract options including: The ICE Design and Construct Conditions of Contract The Engineering and Construction Contract (NEC: 2nd edition) The FIDIC Conditions of Contract In one practical volume it presents essential and accessible guidance for anyone involved in specifying construction contracts, whether it is drafting, administration, claims or dispute resolution.

International Contracting

International Contracting Author John van der Puil
ISBN-10 9781908979520
Year 2013-10-25
Pages 524
Language en
Publisher World Scientific

This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings. The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims. Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics. Though not an academic book, due to its unique blend of practitioners' insight and academic theory, it can be taught on Masters courses. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs at both graduate and postgraduate levels. Lawyers will find the book useful in helping them to understand the business context in which their customers and/or colleagues work. Contents:International Contracting: Defining the Playing Field:International Contracting: How a Project Can Turn into a NightmareThe Role of Contracting in International ContractingThe ClientContract Management: Definitions, Concepts and PerspectivesThe Contracting Cycle:From Tender to Final PaymentEuropean TenderingDownstream Contracting: Managing Suppliers and SubcontractorsContract Models in International ContractingProject and Risk Management:Risk Management in ProjectsManaging Variations in ContractsLegal Issues in International Contracting:Letter of Intent and Memorandum of UnderstandingSigning the Contract — PitfallsLiability Versus ResponsibilityGuarantees and WarrantiesContract Law and Tort LawConsequential LossesIntellectual PropertyDamage and CausalityKnock-For-Knock ArrangementsDisasters, Damage and Public InvestigationsForce MajeureBriberyDispute Resolution MechanismsDifferent Legal SystemsCultural Differences and Contract Management Readership: Business practitioners, engineers, lawyers and polytechnic and university students keen in building management, general business management, industrial engineering and operations management. Keywords:Project Management;Contract Management;Contract Law;Procurement Management;Damages;Causality and Risks;Variations in Contracts;Contracting Cycle;Bribery