Understanding and Negotiating Construction Contracts

Understanding and Negotiating Construction Contracts Author Kit Werremeyer
ISBN-10 0876298226
Year 2006-09-29
Pages 320
Language en
Publisher RSMeans
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Construction is a complex business. Each project has its own unique physical and commercial considerations. Since there’s no such thing as a “standard” or “typical” construction project, construction contracts should also not be considered standard. The contractor must carefully manage both in order to have a successful outcome and protect the company’s interests and assets. This book will help you manage all these elements of the contract: Scope of work and schedule Terms of payment and cash flow Assurances of performance Insurance, bonding, indemnity, and warranties Changes to the contract Disputes and their resolution Damages Termination and suspension Force majeure International contracting

Understanding and Negotiating Turnkey and EPC Contracts

Understanding and Negotiating Turnkey and EPC Contracts Author Joseph A. Huse
ISBN-10 0421674105
Year 2002
Pages 973
Language en
Publisher Sweet & Maxwell
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This work is a practical commentary on the FIDIC standard turnkey contract widely used in the international construction industry.The provisions of this standard contract have recently been redrawn, necessitating a revision of popular text.It provides clause-by-clause analysis of the contract, accompanied by practical guidance on its application in specific projects. It also reproduces the contract in full as an appendix.

Understanding and Negotiating EPC Contracts

Understanding and Negotiating EPC Contracts Author Howard M. Steinberg
ISBN-10 147242378X
Year 2016-09-07
Pages 400
Language en
Publisher Gower Publishing Company
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Any project which involves an EPC contract is also likely to involve a number of other complicated contracts. The challenge of the parties to an EPC contract is not to try to eliminate risk but rather put into place a narrative structure that enables the parties to predict the contractual result that would obtain if a risk materializes. If the EPC contract does not allow the parties to determine the consequences of an unanticipated situation, they will have to look to an expert, mediator, tribunal, or court to impart guidance or pass judgment. The sample forms of contract contained in Volume 2 of Understanding and Negotiating EPC Contractsare intended to serve as a guide to demonstrate how risks and responsibilities can be allocated among project sponsors, EPC contractors and the various other parties that may be involved in a project. Collectively the sample forms in this volume offer an extraordinary resource that provides the benefit of lessons learned and priceless insight into any project being undertaken which can help assure the resilience of any EPC project.

Practical Guide to Engineering and Construction Contracts

Practical Guide to Engineering and Construction Contracts Author Philip Loots
ISBN-10 9781921593529
Year 2009
Pages 458
Language en
Publisher CCH Australia Limited
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This hard cover book offers a concise, practical guide to the law relating to construction contracts in Australia. Written for engineers negotiating and administering construction contracts, it aims to assist readers in understanding the risks associated with these contracts and how to minimise them. The book is written by two experienced and respected authors who have a unique combination of local and international practical experience and professional and academic background in law and engineering.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title.

Understanding and Negotiating EPC Contracts Volume 2

Understanding and Negotiating EPC Contracts  Volume 2 Author Howard M. Steinberg
ISBN-10 9781317005193
Year 2016-10-14
Pages 376
Language en
Publisher Routledge
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Any project which involves an EPC contract is also likely to involve a number of other complicated contracts. The challenge of the parties to an EPC contract is not to try to eliminate risk but rather put into place a narrative structure that enables the parties to predict the contractual result that would obtain if a risk materializes. If the EPC contract does not allow the parties to determine the consequences of an unanticipated situation, they will have to look to an expert, mediator, tribunal, or court to impart guidance or pass judgment. The sample forms of contract contained in Volume 2 of Understanding and Negotiating EPC Contracts are intended to serve as a guide to demonstrate how risks and responsibilities can be allocated among project sponsors, EPC contractors and the various other parties that may be involved in a project. Collectively the sample forms in this volume offer an extraordinary resource that provides the benefit of lessons learned and priceless insight into any project being undertaken which can help assure the resilience of any EPC project.

Understanding and Negotiating EPC Contracts Volume 1

Understanding and Negotiating EPC Contracts  Volume 1 Author Howard M. Steinberg
ISBN-10 9781317005223
Year 2016-10-14
Pages 262
Language en
Publisher Routledge
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In Understanding and Negotiating EPC Contracts, Volume 1, Howard M. Steinberg presents a practical and comprehensive guide to understanding virtually every aspect of engineering, procurement and construction (EPC) contracts for infrastructure projects. The 25 chapters in Volume 1 are supplemented with real-life examples and court decisions, and offer tactical advice for anyone who must negotiate or understand EPC contracts in connection with the implementation, financing or operation of infrastructure projects. Emphasizing current market practices and strategic options for risk sharing, the book contains a narrative explanation of the underpinning of all of the issues involved in EPC contracting. Exhaustive in scope, it clarifies the fundamental commercial principles and pitfalls of "turnkey" contracting for all types of capital investments ranging from electrical and thermal power generation (including combined heat and power, nuclear, wind, solar, natural gas and coal) to refining, to chemical processing to LNG liquefaction and re-gasification to high speed rail, bridging, tunneling and road building. Providing clear and thorough analyses of the issues and challenges, this volume will be of great value to all those involved in complex construction projects.

Construction Contracts

Construction Contracts Author Keith Collier
ISBN-10 0137559275
Year 2001
Pages 386
Language en
Publisher Prentice Hall
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This exploration of the basics of contracts as applied to the construction industry focuses 1) upon the different types of contracts and their fundamentals as they apply to, and affect, owners, contractors, designers, subcontractors, suppliers, etc., 2) on the impact of information technology on contracts and contracting, and 3) on the effect of contracts on the management, administration, and the costs of construction work. Using the published standard forms of construction contracts as models and guides, it helps readers develop an understanding not only of the contract process in general, but also why one type of contract should be used rather than another in a given situation. The Nature of Contracts. Construction Contracts. Stipulated-Sum Contracts. Cost-Plus-Fee Contracts. Unit-Price Contracts. Contracts with Quantities. Subcontracts and Supply Contracts. Arrangements of Contracts for Construction. Design-Build Contracts. Documents for Contracts. Bidding for Contracts. Negotiating Construction Contracts. Administration of Contracts. Claims and Disputes. Changes in the Work of Contracts. Contract Time. Completion of Contracts and Payments. The Uncovering and Correction of Work in Contracts. For construction practitioners; and also for members of the legal profession who want to see construction contracts from the standpoint of those directly involved in construction and who want to better understand why and how a construction contract should be designed for a particular project.

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
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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 David Chappell
ISBN-10 9781317636045
Year 2015-03-24
Pages 364
Language en
Publisher Routledge
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Construction professionals of all kinds frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Building on the success of two previous editions, David Chappell returns to provide answers to 225 FAQs from his experience as Specialist Advisor to the RIBA. With 50 new questions, and thorough updates to address changes to the law and contracts, this is an invaluable first port of call for any construction law problem. Questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of practical completion, defects, valuation, certificates and payment, architects’ instructions, adjudication and fees. Among the new questions are: Is the contractor bound by its price even if there is an error? How do terms about working in a spirit of trust affect other clauses? Can architects lose their rights to certify under JCT 2011 contracts? Every question included has been asked of David Chappell during his career, and he uses his vast experience to provide clear, easy to follow advice in this book. Most were originally asked by architects, but the answers will be of wide interest to everyone involved in construction.

Construction Insurance Bonding and Risk Management

Construction Insurance  Bonding  and Risk Management Author William J. Palmer
ISBN-10 0070485941
Year 1996-06-01
Pages 414
Language en
Publisher McGraw Hill Professional
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Don't let a construction lawsuit wipe you out. More and more construction contractors are getting sued these days. Make sure you protect yourself against costly litigation with Construction Insurance, Bonding and Risk Management edited by William J. Palmer, James Maloney, and John L. Heffron. Written in jargon-free language, this quick-and-easy resource will help you identify and manage risk in every phase of construction--from bidding on the job to driving home the final nail. You get the know-how you need to make sense of today's confusing array of insurance and bonds and to select the best coverage for your general business operations, individual contracts, job bidding and more.

Construction Law Handbook

Construction Law Handbook Author Robert Frank Cushman
ISBN-10 0735506701
Year 1999-01-01
Pages 2136
Language en
Publisher Aspen Publishers Online
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This comprehensive, one-stop reference brings you up-to-date with the current state of the business of construction & construction law. Written by an unrivaled panel of over 30 construction industry professionals, each chapter examines in detail a major legal or business issue from the perspective of the parties involved. You'll find strategies & solutions for every key concern including: ú Drafting & negotiating construction contracts ú Understanding the duties & liabilities of each of the parties to a project ú Participating in every aspect of design-build project, from financing to management ú Identifying & allocating risk ú Calculating construction claims ú Understanding the surety's rights & obligations ú Bankruptcy procedures & other solutions for financially distressed enterprises ú And much more! Construction Law Handbook is an indispensable resource for attorneys, architects, engineers, public & private owners, bankers, accountants & other key industry players who need fast access to the latest information on construction law & practice. It's like having a team of 77 construction experts on call!

International Construction Contracts

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

Construction Contracts

Construction Contracts Author J. R. Murdoch
ISBN-10 0419253106
Year 2000
Pages 381
Language en
Publisher Taylor & Francis
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This text examines the law governing construction contracts, and the management and administration of those contracts. The study of these aspects of construction law form a core part of most building and construction courses. Revised and updated, the book contains commentary on all key legislation, case law and contract amendments since June 1995.

Architect s Essentials of Negotiation

Architect s Essentials of Negotiation Author Ava J. Abramowitz
ISBN-10 9780470426883
Year 2009-03-16
Pages 350
Language en
Publisher John Wiley & Sons
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"Where do you turn if you are an architect or student wanting to deepen those skill sets that will make you a more successful professional? Well, taking a look at Ava Abramowitz′s new book, "The Architect′s Essentials of Negotiation" will be a step in the right direction." Robert Greenstreet, Dean, University of Wisconsin at Milwaukee School of Architecture and Urban Planning This is an essential guide for architects and their clients and consultants who need professional advice on negotiations, from design development to agreements and fees. Contractors will want to read it, too, especially if they are involved with Integrated Project Delivery. This new edition offers updated insights related to negotiation, with references to the AIA Contract Documents, communication, collaboration, and handling disputes, change, and claims.