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Updated throughout for this fourth edition, The Law of Construction Disputes maintains its position as a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution.The book covers the construction dispute process by analysing the main areas from which disputes arise, up-to-date case law, and how to effectively deal with construction project disputes once they have arisen. It provides the legal practitioner with all the case law needed in one concise volume, and examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating to reach successful conclusions without litigation.Featuring expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners in this field of law and to construction professionals.

DESIGN AND BUILD CONTRACTS Design and build (D&B) construction procurement relies on a project's main contractor shouldering the responsibility for creating the design and executing the construction for a project. While the extent of contractor-produced design can vary, this method of construction procurement affords the contractor a greater level of input and responsibility than traditionally procured contracts (where the employer has greater design responsibility). Over the last decade in the UK, it has become clear that D&B contracts are becoming the most popular method for procuring construction projects; often echoing the ways in which contracts for infrastructure and process plant can be procured. Whilst D&B can provide a greater degree of contractor input for producing feasibility and concept designs, then the detailed design to deliver a project, many clients amend standard forms of D&B contracts to alter the contractors'design input. This can significantly change D&B, deviating from the procedures set out in the standard forms of D&B contract. This book firstly takes the reader through each stage of a project (based upon the RIBA Plan of Work 2020) to provide guidance on how D&B contracts were intended to operate, then secondly, identifying how D&B contracts and their procedures have changed. Readers will find: Outline commentary and guidance on commonly used standard forms of D&B contract, including: JCT Design and Build 2016; FIDIC Conditions of Contract for Plant Design-Build 2017; and NEC4 How each D&B contract is intended to operate during each stage of the RIBA Plan of Work 2020 How the operation of D&B contracts and their procedures are often amended. An ideal resource for contractors, employers, and consultants, as well as those studying construction at university, Design and Build Contracts offers helpful commentary and guidance for how each stage of a D&B engineering or construction project should progress.

This book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author's research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations.It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether arbitrators, in fact, lean towards commercial and transnational norms to construe the parties'contract before discussing to what extent international arbitrators take into account fairness considerations to reach their decisions on the merits of the parties'claims. The book also examines to what extent international arbitrators apply mandatory rules of foreign law. Lastly, it provides insight into the effect of arbitrators'background characteristics on their decisions.Written for arbitration practitioners (arbitrators and legal counsel) and scholars, the book will be useful for both experienced arbitrators and those starting their arbitration career or studying for their arbitration qualification. It will also be useful for project professionals involved in contract management and dispute resolution.

Marking the 35th anniversary of the Centre of Construction Law & Dispute Resolution at King's College London, this volume brings together a large and illustrious group of contributors to create a comprehensive and authoritative guide cutting across all key areas of contemporary construction law, ranging from construction arbitration to procurement and contract law.It takes an international approach to construction law and considers issues such as investor-State dispute settlement, insolvency and liquidated damages in civil law and common law jurisdictions and procurement from a comparative perspective, as well as certain key common law/English law topics (such as fitness for purpose) that are of relevance to an international audience.The book provides detailed and practical guidance to the legal framework of the construction industry for barristers, solicitors, arbitrators, adjudicators, academics, contract managers, construction consultants and quantity surveyors, among others.

Presenting readers with all the need-to-know information on complex construction projects within a single publication, this book expertly focuses on practical issues whilst also providing insights on the law applying to construction projects.As well as exploring individual subjects such as the negotiation of a contract, the evaluation of a claim or assistance in relation to contractual disputes, the book also creates an overarching understanding of the entire life of a project. It presents an inside view on the various stages of complex projects, from the moment they are conceived to the end of the contractual relation between employer and contractor, including any disputes between the parties. The reader will become familiar with the terminology used in the construction industry, the various phases of complex construction projects, the law applying to each phase and the various deliverables produced by the parties throughout the project. While including sections on the law applying to each phase, the book's primary focus is on the practical aspects faced on a daily basis by practitioners working in the construction industry.This book is important reading for professionals involved in construction law at every level, including relevant academics, government employees and lawyers. It will also serve as a useful book for students, providing a comprehensive overview of the many factors and phases of a complex construction project.

The construction industry routinely operates across international borders, which means that construction professionals need to have a good understanding of how legislation in different jurisdictions might affect their work. This book is an in-depth analysis of international construction law from all the major jurisdictions of the world, alongside their relevant contract law principles, helping the reader to prepare for the complexity of an international construction project.The book begins by introducing the major families of law, before looking at individual jurisdictions. Each chapter is written by an experienced legal professional operating in that region and covers subjects such as: taking over, defects liabilities, warranties, design issues, termination, bonds and guarantees, limitation of liability, and more. The systems included are: German civil system (Germanic code) French civil system (Napoleonic code) English common law system GCC countries civil law system (with emphasis on UAE, Qatar, Saudi Arabia, and Egypt) Nordic legal system Chinese civil system Finally, the book will discuss the national standard construction contracts used in the differing legal systems and the widely used FIDIC contracts.The combination of truly international coverage with the practical insight of experienced practitioners means that this book will be invaluable to any professional involved in the construction industry including lawyers, project managers, contractors, and investors as well as academics in the field.

Kaum ein Bauprojekt wird ohne einen bzw. mehrere Nachträge abgeschlossen. Wie erstelle ich diese? Wie prüfe ich sie? Welche Anspruchsgrundlagen gibt es dazu? Was sind eigentlich tatsächlich erforderliche Kosten, wann sind sie maßgebend und wie werden sie ermittelt? Diese und zahlreiche weitere Fragen stellen sich nicht nur die erfahrenen Baupraktiker, sondern auch diejenigen, die am Beginn ihrer Karriere stehen oder die gar noch studieren.Praxisnah und umfassend werden die aus einem Bauvertrag – gleich ob nach VOB/B oder BGB – resultierenden Rechte und einschlägigen Regelungen von den Herausgebern und Mitautoren aus den unterschiedlichen Disziplinen der Bau-Juristerei und den Ingenieurwissenschaften dargestellt. Besonders anschaulich werden die Inhalte durch Ablaufdiagramme und Grafiken vermittelt. Beispiele und Praxistipps machen diese Publikation zu einem hilfreichen Nachschlagwerk für die tägliche Nutzung.

The hospitality and construction industries are international economic drivers, with complex economic relationships and diverse legal issues. Cases and rulings are not static and move along a continuum in time and context. The evolution of legal agreements and disputes in hospitality and construction are not confined to any sort of strict schedule. This volume addresses the many cases and experiences of parties, counsel and arbitrators during the pandemic, and discusses issues such as key contract provisions, the impact of the COVID pandemic on investment treaties, and access to arbitral institutions.

Contracts for Construction and Engineering Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The work explores various aspects of the intersection of contracts and construction projects involving the work of engineers and other professionals engaged in construction, whether as project managers, designers, constructors, contract administrators, schedulers, claims consultants, forensic engineers or expert witnesses.Compiling papers written and edited by the author, refined and expanded with additional chapters in this new edition, this book draws together a lifetime of lessons learned in these fields and covers the topics a practising professional might encounter in construction and engineering projects, developed in bite-sized chunks.The chapters are divided into five key parts:1. The engineer and the contract2. The project and the contract3. Avoidance and resolution of disputes4. Forensic engineers and expert witnesses, and5. International construction contracts.The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into – and the consequences that may ensue if this is not done – makes this book essential reading for professionals practising in any area of design, construction, contract administration, preparation of claims or expert evidence, as well as construction lawyers who interact with construction professionals.

This is the first book to offer a systematic and analytical overview of the legal framework for residential construction. In doing so, the book addresses two fundamental questions:Prevention: What assurances can the law give buyers (and later owners and occupiers) of homes that construction work – from building of a complete home to adding an extension or replacing a shower unit – will comply with minimum standards of design, safety and build quality?Cure: What forms of redress - from whom, and by what route - can residents expect, when, often long after completion of construction, they discover defects?The resulting problems pose some big and difficult questions of principle and policy about standards, rights and remedies, which in turn concern justice more generally.This book addresses these key issues in a comparative context across the United Kingdom, Ireland, Australia and New Zealand. It is an accessible guide to the existing law for residents and construction professionals (and their legal advisers), but also charts a course to further, meaningful reforms of the legal landscape for residential construction around the world.The book's two co-authors, Philip Britton and Matthew Bell, have taught in the field in the UK, Australia and New Zealand; both have been active in legal practice, as have the book's two specialist contributors, Deirdre Ní Fhloinn and Kim Vernau.

This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice.Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.

Innovating Construction Law: Towards the Digital Age takes a speculative look at current and emerging technologies and examines how legal practice in the construction industry can best engage with the landscape they represent. The book builds the case for a legal approach based on transparency, traceability and collaboration in order to seize the opportunities presented by technologies such as smart contracts, blockchain, artificial intelligence, big data and building information modelling. The benefits these initiatives bring to the construction sector have the potential to provide economic, societal and environmental benefits as well as reducing the incidence of disputes.The author uses a mixture of black letter law and socio-legal commentary to facilitate the discourse around procurement, law and technology. The sections of the book cover the AS IS position, the TO BE future position as predicted and the STEPS INBETWEEN, which can enable a real change in the industry. The rationale for this approach lies in ensuring that the developments are congruent with the existing frameworks provided by the law. The book proposes various steps that the industry should seriously consider taking from the current position to shape the future of the sector and ultimately create a better, more productive and sustainable construction industry.This book is a readable and engaging guide for students and practitioners looking to learn more about construction law and its relationship with technology and for those seeking a platform for graduate studies in this area.

International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.

A majority of large-scale construction and major infrastructure projects are funded by public funds from taxpayers. However, these projects are often subject to severe delays and cost overruns. Large-Scale Construction Project Management: Understanding Legal and Contract Requirements introduces integrated approaches to project management and control mechanisms to effectively manage large-scale construction projects. It explains the contractual requirements and associated legal principles under the latest edition of the leading standard forms of contracts, including FIDIC 2017, NEC4, and JCT 2016. It explains integrated project governance regarding time, cost, risk, change, contract management, and more. Further, it discusses the legal issues of scheduling delays and disruptions regarding the Delay and Disruption Protocol (Society of Construction Law) as well as Forensic Schedule Analysis guidance (American Association of Cost Engineering).Features: Provides strategies to effectively resolve disputes during construction projects Examines Quantitative Schedule Risk Analysis (QSRA) and Quantitative Cost Risk Analysis (QCRA) Introduces the most recent software and techniques used in managing large-scale construction projects This book serves as a useful resource for project control and management professionals, researchers in construction management and project management, and students in building construction management and project management.

Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume.The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation.Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.

An important guide to the quantification of contract claims in the construction industry, updated third edition The substantially expanded third edition of Evaluating Contract Claims puts the spotlight on the quantification of claims in the construction industry after liability has been established, including by reference to the terms of several standard forms of contract in common use. The authors clearly demonstrate the potential alternative approaches to quantification, the processes, principles and standard of analysis required to produce acceptable claims for additional payment. The third edition covers a number of heads claims not considered in previous editions and offers an important guide for those working with building or engineering contracts. Evaluating Contract Claims explains in detail how the base from which evaluation of additional payments may be established, the effect of changes on the programme of work and the sources of information for evaluation of additional payments. The book also contains information for evaluating the direct consequences of change in terms of the impact on unit rates, and evaluating of the time consequences of change in terms of prolongation, disruption, acceleration and more. This important book: Concentrates on the quantification of contract claims after liability has been established Offers a guide that is appropriate for any form of contract Considers the potential alternative approaches to quantification of different heads of claim Contains the principles and methods that should be reflected in the evaluation of claim quantum Includes the standard of substantiation which may be required Presents information that is equally applicable in both building and engineering disputes Is substantially expanded from its previous editions Written for construction and engineering contract administrators, project managers, quantity surveyors and contract consultants, Evaluating Contract Claims offers a revised third edition to the essential guide for quantifying claims in the construction industry once liability has been established.

Transnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.

5e édition mise à jour et augmentée Sous quelles conditions les innovations constructives peuvent-elles être couvertes par les assurances des constructeurs? Comment valoriser le passage en BIM en termes d'honoraires? Quel est le régime juridique le plus protecteur pour l'exercice du métier d'architecte? Qu'est-ce que les géomètres entendent par'Lambert 93 conique conforme'? A quelles conditions peut-on isoler par l'intérieur un bâtiment existant sans risquer de créer des désordres? Quelle organisation mettre en place pour limiter les réclamations des grosses entreprises? Quelles sont les méthodes pratiques utilisées par les OPC? Qu'est-ce que le BIM de niveau 3 et est-ce un objectif souhaitable? Qu'est-ce que les Eurocodes ont changé pour le calcul des structures bois? Quels projets doivent faire l'objet de calculs parasismiques?... voici quelques-unes seulement des nombreuses questions auxquelles ce livre répond. Publics Architectes, ingénieurs et économistes du bâtiment en formation initiale Architectes spécialisés dans l'habitat visant des projets complexes d'ERP ou d'ERT Ingénieurs et techniciens spécialisés (électriciens, thermiciens, ingénieurs Structure, économistes,OPC, etc.) en formation continue Maîtres d'oeuvre travaillant dans la rénovation de l'existant

Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.

Fundamental e didática, esta obra apresenta uma série de obrigatoriedades, direitos e deveres que devem ser cumpridos quando uma obra é iniciada, seja ela uma nova construção, uma reforma, uma ampliação de área, ou uma revitalização, perante os órgãos fiscalizadores. A autora esclarece dúvidas sobre quais e quantos alvarás são necessários para garantir a legalidade de um projeto para construção civil, enfatiza a importância do registro do imóvel junto ao cartório, os diferentes tipos de projeto, os documentos que comprovam a legalização das transações financeiras e fiscais e o funcionamento de uma licitação para empresas que prestam serviços públicos. Além disso, destaca os procedimentos necessários para o processo de legalização, o respeito a áreas de preservação e também as consequências do descumprimento da lei.