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

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

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 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

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.

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

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.

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

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.

Negotiating and Structuring Construction Contracts

Negotiating and Structuring Construction Contracts Author Aspatore Books
ISBN-10 0314904190
Year 2009
Pages 103
Language en
Publisher Aspatore Books

Negotiating and Structuring Construction Contracts is an authoritative, insiders perspective on best practices for the construction contracting process. Featuring partners from some of the nations leading law firms, these experts discuss how to protect client interests and negotiate key provisions, and offer up their thoughts on recent developments and trends in construction contracting. These top lawyers give tips on risk allocation during drafting and negotiating, including a comparison of risk in both AIA and ConsensusDOCS standard forms, and discuss project delivery methods, with a focus on key concerns related to the Integrated Project Delivery model. Additionally, these leaders reveal their strategies for Green building, public sector contracts, and dispute resolution. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced attorneys offer up their thoughts on successful contracting in an ever-evolving industry.

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 Keith Collier
ISBN-10 0137559275
Year 2001
Pages 386
Language en
Publisher Prentice Hall

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.

Using and Understanding Engineering Service and Construction Contracts

Using and Understanding Engineering Service and Construction Contracts Author John R. Clark
ISBN-10 9781468473100
Year 2012-12-06
Pages 320
Language en
Publisher Springer Science & Business Media

1. HISTORICAL BACKGROUND In the late 1950s many members of the design professions-Engineers as well as Ar chitects-became concerned about their exposure to claims for professional malprac tice and particularly about the increasing number of claims that had been successfully brought against them arising out of their Construction Phase activities. This led to special studies sponsored by the American Institute of Architects and the Engineers joint Counsel. The outcome was twofold: the development of a policy of professional liability insurance to insure Engineers and Architects against errors and omissions in the performance of their professional services, and the review and development of the customary contractual arrangements defining the design profeSSional's undertakings vis a vis his client (the Owner), the Project to be designed, and the Contractor who was to implement that design. At the outset, the AlA's Owner-Architect Agreement (No. B131), General Conditions (No. A201) and the Owner-Contractor Agreements (Nos. A101 & 111) were the documents most frequently used by design professionals, and these received particular attention. In the early 1960s it became apparent that there was a need for a separate series of documents prepared to address these relationships when the Project to be designed involved primarily engineering considerations. The number of Projects for which the Engineer was employed by the Owner as the prime professional to handle the Project design and construction administration was increasing.

International Contracting

International Contracting Author Arjan Van Weele
ISBN-10 9781908979513
Year 2014
Pages 490
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 in courses at institutes at the master level. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs both at the graduate and postgraduate level. Lawyers will find the book useful to understand the business context in which their customers and/or colleagues work.

Understanding Construction Contracts

Understanding Construction Contracts Author Akhtar Surahyo
ISBN-10 9783319666853
Year 2017-10-18
Pages 246
Language en
Publisher Springer

This book provides an overall understanding of construction contracts, explaining a range of topics with in-depth examples, allowing engineers, site managers, architects, contractors, and other construction professionals in search of information on construction contracts to find it in one place. The volume further serves as a learning tool and a reference guide for students and instructors. Adopting a primarily Canadian perspective, the book provides references from two Standard Contract Documents CCDC (Canadian Construction Document Committee) and FIDIC (International Federation of Consulting Engineers) and briefly describes other major contract documents used within USA and UK construction industries.

Pfi and Construction Contracts

Pfi and Construction Contracts Author David Hickman
ISBN-10 9781902375335
Year 2000-01-01
Pages 112
Language en
Publisher Chartridge Books Oxford

Summary: This book examines contracts in the construction industry in relation to the Private Finance Initiative (PFI), such as what distinguishes construction in a PFI environment from a traditional contract. The author analyses the key elements of the construction sub-contract and interface between contractor and operator. The author, David Hickman, is a Partner with a leading international law firm and has worked on many PFI projects. Contents: Construction issues on PFI projects: output specification, project company's solution, design and construction standards, warranties, government regulations, timescales, lifecycle costs, interface between construction/operational phase, design development, performance payment system. Flow down of risks to subcontracts: how risk is flowed down, termination risk, termination issues for the construction subcontractor, warranties, bonds and guarantees. Use and adaptation of standard forms for the construction subcontract: a standard form (JCT 81 or 98), preparation of the contract where a standard form is being adapted, bespoke contracts. Negotiating key elements of construction subcontract: scope of works, liability level, compensation events and relief events, extensions of time, liquidated damages, payments, variations, certification/completion, independent certifier. Collateral agreements. Interface between contractor/operator. Finance/funding: debt finance, subordinated debt, equity, bond finance, key funding issues, the financial model, banks and risk. Insurance: insurance and risk allocation, insurances required by the construction company, who effects these, levels and breadth of insurance, banks and insurance, authority issues, what the construction company must do. Post contract-construction phase problems: variations during construction, disputes, DRP at subcontract level, overruns/extensions of time. Future developments. Appendices: Treasury Taskforce Guidance.wordings. Sample risk matrix.

Negotiating Skills in Engineering and Construction

Negotiating Skills in Engineering and Construction Author Bill Scott
ISBN-10 0727715178
Year 1990-01
Pages 223
Language en
Publisher Thomas Telford

This book is about the personal skills which engineers use in negotiations. It covers the different negotiating skills needed during all three phases of a contract: to secure it, during its lifetime, and to settle outstanding matters afterwards. The book also shows how to respond to negotiators from other styles and cultures. It is a handbook of methods: ways to prepare, to establish a climate, to plan and control. It discusses the processes of bargaining and settling, and how to select the most appropriate course for the changing relationships between the parties of the contract, all backed by examples and anecdotes. It will be of inestimable value to engineers who are beginning to negotiate and take responsibility for major contracts, senior engineers will find new insights to broaden their experience, and young engineers will gain essential grounding from the wealth of practical detail.