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Aaa Handbook On Construction Arbitration And Adr Second Edition

Author : American Arbitration Association
ISBN : 9781933833514
Genre : Law
File Size : 79.65 MB
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Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Category: Law

Arbitration Practice In Construction Contracts

Author : D.A. Stephenson
ISBN : 9781135826505
Genre : Architecture
File Size : 74.24 MB
Format : PDF, ePub
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Considers each stage in the course of an arbitration in detail, from the claimant's decision to seek the means of resolving a dispute to the arbitrator's award, explaining clearly and concisely what is expected of the claimant, respondent and arbitrator and when.
Category: Architecture

Dispute Resolution In The Construction Industry

Author : Nicholas Gould
ISBN : 0727728466
Genre : Construction industry
File Size : 72.92 MB
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"The challenges facing all members of the construction industry are enormous, but not unachievable... I am confident that the ACE Client Guide 2000 will help all members of the construction industry, whether consulting engineers, architects, surveyors, contractors and their clients, better understanding the challenges facing us and encourage appropriate actin to be taken" Jim Dawson, ACE Chairman 1999-2000. Providing an overview of the market, its structures and external influences, this invaluable guide will help members of the construction supply chain to understand their clients' business needs and equip them to invest appropriately for current and future market developments and take advantage of emerging opportunities. The ACE Client Guide 2000 has been prepared in the ligth of feedback on the first edition, which was published in November 1998, and developments both within the construction industry and in the wider economy over the past 12 months, the facts, perceptions, commentary and sources set out in the ACE Client Guide 2000 provide a basis for individual firms to examine: - What to do - Why they do it - How they do it - How well they do it - Where improvements could be made - How such improvements could be achieved
Category: Construction industry

Building Contract Claims And Disputes

Author : Dennis F. Turner
ISBN : 9781317888949
Genre : Law
File Size : 88.12 MB
Format : PDF, ePub
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The second edition of Building Contract Claims and Disputes (first published as Building Contract Disputes) provides a study of the causes of contractual disputes, particularly of claims in construction projects and of how they can be resolved successfully. It examines contracts, decisions, documentation and project operation from the points of view of clients, contractors, subcontractors and professional advisers. Readers in practice will find this book an invaluable and comprehensive reference. Those taking professional examinations or degree and postgraduate courses will also benefit greatly from it. The book explains the background, preparation and settlement of claims, with negotiation and dispute resolution from mediation to adjudication, arbitration and legal proceedings. The interrelations of variations, extension of time and loss and expense are considered. Three specially structured case studies of construction projects illustrate and apply the principles to detailed practical situations. This edition deals with a considerably expanded range of contracts, including JCT, GC/Works/1, design and build, minor works, ICE and innovative NEC. It covers recent legal rulings and changes in the law and contract forms, as well as parts of the Housing Grants, Construction and Regeneration Act 1996 and the Arbitration Act 1996.
Category: Law

The Jct 05 Standard Building Contract

Author : Issaka Ndekugri
ISBN : 9781136357275
Genre : Technology & Engineering
File Size : 48.96 MB
Format : PDF, ePub
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The Joint Contracts Tribunal's (JCT) Standard Form of Building Contract, one of the most common standard contracts used in the UK to procure building work, is updated regularly to take account of changes in legislation and industry practice and relevant court decisions from litigation. The JCT 05 Standard Building Contract: Law and Administration is a second edition to the authors' earlier award-winning The JCT98 Building Contract: Law and Administration, and clarifies complex issues surrounding obligations and rights under the contract. This makes it an essential reference for construction professionals, employers, contractors, and lawyers new to construction seeking to update and consolidate their knowledge. The book also provides the knowledge and understanding of the contract, which are a fundamental part of the education of most students who go on to become managers and leaders in the construction industry. It thoroughly works through the provisions of the contract in simple language, using case law examples and relevant statute to demonstrate approaches to its interpretation.
Category: Technology & Engineering

Multi Party And Multi Contract Arbitration In The Construction Industry

Author : Dimitar Kondev
ISBN : 9781119251729
Genre : Law
File Size : 75.59 MB
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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.
Category: Law

Understanding Jct Standard Building Contracts

Author : David Chappell
ISBN : 9781135808860
Genre : Architecture
File Size : 53.39 MB
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This is a new edition of a highly successful basic guide to JCT contracts, Which covers the 1996 Housing Grants and 1996 Construction Regeneration Acts, considers new case law and covers the 4 new amendments to JCT 80.
Category: Architecture

Mckenzie S Law Of Building And Engineering Contracts And Arbitration

Author : H. S. McKenzie
ISBN : 1485106141
Genre : Arbitration agreements, Commercial
File Size : 73.71 MB
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This is the first book to explain the law applicable to the updated Joint Building Contracts Committee (JBCC) Principle Building Agreement (6th edition, 2014) and the Engineering General Conditions of Contract for Construction Works (2nd edition, 2010), which are both annexed to the book and extensively cross-referenced to assist the reader. The book also cross-references the relevant clauses of the FIDIC Contract Agreement (1999). Disputes arising out of building contracts are often referred to arbitration for solution. This work therefore deals with the effect of the Arbitration Act 42 of 1965 and the Association of Arbitrators Standard Procedure Rules, which are also reproduced as annexures in the book.
Category: Arbitration agreements, Commercial