Building Contract Claims

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Building Contract Claims

Author : David Chappell
ISBN : 9781119951957
Genre : Technology & Engineering
File Size : 60.75 MB
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Many building projects are the subject of claims – the assertion of a right, usually by the contractor, to an extension of the contract period or an additional payment under the terms of the building contract. Many of these claims are unsound or ill-founded, often because the basic principles are misunderstood. This highly regarded book examines the legal basis of claims for extensions of time and additional payment, and what can and cannot be claimed under the main forms of contract. It includes chapters dealing with direct loss and expense, liquidated damages, extension of time, concurrency problems, acceleration, time at large, common law and contractual claims, global claims, and heads of claim and their substantiation. With the publication of the fifth edition, Building Contract Claims has been thoroughly revised to ensure it is fully up to date with the latest contracts, court judgments and building practice. Changes include: Coverage of over 60 additional relevant court cases Coverage of the 2005 JCT contracts suite Coverage of changes to the NEC contract Coverage of additional contracts such as Constructing Excellence; Measured Term Contract and the ACA PPC2000 contract together with the 2005 relevant JCT sub-contracts Important changes to liquidated damages and to extensions of time, and the giving of notices Appendix 1 has been substantially revised Like its predecessors, the fifth edition of Building Contract Claims will be essential reading for architects, contract administrators, project managers and quantity surveyors, as well as contractors, contracts consultants and construction lawyers.
Category: Technology & Engineering

Building Contract Claims

Author : David Chappell
ISBN : 140511763X
Genre : Law
File Size : 45.85 MB
Format : PDF, Mobi
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Many building contract claims are ill-founded, often because the basic principles are misunderstood. This highly regarded book examines the legal basis of claims for additional payment, and what can and cannot be claimed under the main forms of contract. It includes chapters dealing with direct loss and expense, liquidated damages, extension of time, concurrency, acceleration, time at large, common law and contractual claims, global claims, heads of claim and their substantiation. The new fourth edition has been substantially restructured and updated. Nearly 100 additional cases have been added as well as four new contracts : the JCT Construction Management and Major Project contracts, the JCT Standard Form of Domestic Subcontract, and the Engineering and Construction Contract (the NEC Form). The book continues to use the JCT Standard Form (JCT 98) as the basis of the text, with important differences highlighted in the other forms. Seventeen forms are dealt with and they have all been updated since the last edition of this book. This new edition is essential reading for architects, contract administrators, project managers and quantity surveyors. It will also be invaluable to contractors, contracts consultants and construction lawyers. David Chappell BA(Hons Arch), MA(Arch), MA(Law), PhD, RIBA has 45 years' experience in the construction industry, having worked as an architect in public and private sectors, as contracts administrator for a building contractor, as a lecturer in construction law and contract procedures and for the last fifteen years as a construction contract consultant. He is currently the Director of David Chappell Consultancy Limited and frequently acts as an adjudicator. He is Senior Research Fellow and Professor in Architectural Practice and Management Research at the Queen's University, Belfast. He was appointed Visiting Professor in Practice Management and Law at the University of Central England in Birmingham from 1 March 2003. David Chappell is the author of many articles and books for the construction industry. He is one of the RIBA Specialist Advisors and lectures widely. Vincent Powell-Smith LLM, DLitt, FCIArb was a practising arbitrator and formerly Professor of Law at the University of Malaya and the International Islamic University, Malaysia. He was author of many books on construction law. John Sims FRICS, FCIArb, MAE, FRSA is a chartered quantity surveyor now practising as a consultant, arbitrator, adjudicator and mediator in construction disputes. He is author of a number of books on building contracts and arbitration. Also of interest Building Contract Dictionary Third Edition David Chappell, Derek Marshall, Vincent Powell-Smith & Simon Cavender 0 632 03964 7 The JCT Minor Works Form of Contract Third Edition David Chappell 1 4051 1523 8 Parris's Standard Form of Building Contract Third Edition David Chappell 0 632 02195 0 The JCT Major Project Form Neil F. Jones 1 4051 1297 2 Evaluating Contract Claims R. Peter Davison 1 4051 0636 0 Construction Adjudication Second Edition John L. Riches & Christopher Dancaster 1 4051 0635 2 The Arbitration Act 1996 A Commentary Third Edition Bruce Harris, Rowan Planterose & Jonathan Tecks 1 4051 1100 3 In preparation The NEC and JCT Contracts Compared Deborah Brown 1 4051 1823 7 Cover design by Workhaus
Category: Law

Construction Contract Claims

Author : R.W. Thomas
ISBN : 9780230344426
Genre : Law
File Size : 29.16 MB
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Aimed at construction professionals, contractors and undergraduate and postgraduate students, this book confronts all of the difficult problems that arise in claims situations in the UK and internationally. Extensive reference to UK and international case law and a systematic approach to various types of claims, assisted by helpful and explanatory diagrams, make this book second to none as a 'trouble-shooting' guide to the presentation of, and response to, the negotiation and settlement of claims. This new edition considers in equal measure the latest editions of both NEC3 and JCT contracts and provides worked examples of claims under each. It also includes the latest revisions to the Housing Grants, Construction and Regeneration Act 1996 and the Scheme for Construction Contracts, which together make significant changes to payment and adjudication in the construction industry. Other key features: • A practical approach to solving contract claims including essential sections on claims presentation, delay analysis and non-productivity calculations • An emphasis on dealing with factual evidence • Helpful spreadsheet examples • Up-to-date coverage of developments in competition law in relation to the public procurement regulations, and the impact of these requirements at tender stage • A book that will save professionals and contractors time and money, and prepare students for the reality of the construction industry
Category: Law

Construction Contract Claims

Author : Reg Thomas
ISBN : 0333930800
Genre : Breach of contract
File Size : 33.58 MB
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Looks at the issue of claims made in the construction industry when disputes arise between parties to a contract. The book examines claims from a variety of different angles, so that the reader can get to grips with many aspects of claims and their prevention, without reliance on a host of other publications. A review of developments in the law and contracts puts the reader in the right frame of mind to delve further into the detailed practical chapters which follow.
Category: Breach of contract

Building Contract Claims

Author : Abdul Mohaimin Bin Noordin Ayus
ISBN : OCLC:53700284
Genre : Construction contracts
File Size : 84.46 MB
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Category: Construction contracts

Building Contract Claims And Disputes

Author : Dennis F. Turner
ISBN : 9781317888949
Genre : Law
File Size : 79.43 MB
Format : PDF
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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

Managing Transit Construction Contract Claims

Author : Joel T. Callahan
ISBN : 0309061156
Genre : Construction contracts
File Size : 58.25 MB
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Offers information from selected transit agencies about the underlying causes of construction disputes and practices in use today to identify and resolve them before they become formal claims. The synthesis focuses on avoidance and resolution of disputes, examines ways of settling disputes at their inception, and considers the experiences of the transit industry in the use of alternative dispute resolution techniques.
Category: Construction contracts

Practical Guide To Construction Contract Surety Claims

Author : William Schwartzkopf
ISBN : 9780735552630
Genre : Law
File Size : 28.67 MB
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Practical Guide to Construction Contract Surety Claims, Second Edition provides clear guidance on the methods, procedures and case law surrounding the surety process. Whether you represent the surety, principal, or obligee, this one-of-a-kind reference will provide you with the indispensable, practical guidance and reliable tools you need to manage the surety process. Practical Guide to Construction Contract Surety Claims, Second Edition is logically organized around the various types of bonds - payment bond, bid bond, performance bond - as well as the claims that are asserted against those bonds, and the methods of investigation and resolution of those claims. It covers in detail the surety's options for resolving performance bond claims, including: Tender Completion by the obligee Completion by surety Financing the principal This book also addresses matters that affect the claims handling process, such as: Bankruptcy of the principal Claims for extra-contractual damages Claims by the surety against the principal Indemnity for losses sustained by the surety The interrelationship of the surety and the insurance carriers for the construction project Valuable analysis of case law is included within the discussion of each topic, and the relevant facts of key cases are highlighted where applicable. Bonus Interactive CD-ROM Includes All Forms and Documents This unique CD-ROM contains nearly 150 forms, such as sample agreements and correspondence among the parties, providing the guidance you need to act quickly and protect your client's interests in any situation.
Category: Law

Understanding Jct Standard Building Contracts

Author : David Chappell
ISBN : 9780415306317
Genre : Law
File Size : 61.31 MB
Format : PDF
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This latest edition of David Chappell's bestselling guide provides an expanded presentation of the Joint Contract Tribunal (JCT) standard contracts, the most common forms of building contract. The JCT Contract With Contractor's Design (WCD 98), also known as 'the design and build form', is now covered alongside the other three major forms of contract in the JCT series: JCT 98, IFC 98 and MW 98. David Chappell has updated the book in line with amendments to the contracts and recent case law. He avoids legal jargon but writes with authority and precision, in a style which won, for the fifth edition of the book, the first prize in the Best Textbook category of the 1999 Chartered Institute of Building Literary Awards. Architects, quantity surveyors and contractors, and students of those professions, should find this a straightforward and practical reference tool arranged by topic.
Category: Law

Evaluating Contract Claims

Author : R. Peter Davison
ISBN : 9781405147767
Genre : Technology & Engineering
File Size : 56.22 MB
Format : PDF
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Category: Technology & Engineering

The Jct 05 Standard Building Contract

Author : Issaka Ndekugri
ISBN : 9781136357275
Genre : Technology & Engineering
File Size : 79.74 MB
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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

Jct98 Building Contract Law And Administration

Author : Issaka Ndekugri
ISBN : 9781317761334
Genre : Architecture
File Size : 38.17 MB
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The Joint Contracts Tribunal's Standard Form of Building Contract is the most common contract used in the UK to procure building work. Understanding it is a core part of any construction student's degree and a vital part of the working life of professionals in the construction industry. 'The JCT98 Building Contract' works through the contract systematically explaining it in easy-to-follow language, covering all contract issues thoroughly and illustrating with case law examples the current situation and latest amendments. It is ideal reading for both the student of construction and the professional seeking to update their knowledge.
Category: Architecture

The Jct 05 Standard Building Contract

Author : Issaka E. Ndekugri
ISBN : 9781856176293
Genre : Technology & Engineering
File Size : 71.25 MB
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This title helps clarify complex areas of the JCT 05 standard building contract, making it an essential reference for professionals seeking to update their knowledge. The book works through the contract issues thoroughly yet clearly, using case law examples to demonstrate the latest amendments in regards to the Construction Act.
Category: Technology & Engineering

Powell Smith And Furmston S Building Contract Casebook

Author : Michael Furmston
ISBN : 9780470655924
Genre : Law
File Size : 56.67 MB
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The interaction between general principles and the provisions of the standard building and construction contracts is a central feature of construction law. The major part of the law is laid down in decided cases, and construction professionals should be familiar with these cases but the information is scattered throughout a large number of law reports. The fifth edition of Powell Smith and Furmston's Building Contract Casebook is designed to help construction professionals become familiar with those key cases. It brings together a wide range of cases on the main aspects of the law of construction contracts, states the principle established by each case and gives a summary of the facts and the decision. For the majority of cases, verbatim extracts from the judgment are included. The casebook presents the leading cases on each topic, together with many lesser-known but important decisions. A number of useful decisions from the Commonwealth are also included. Throughout, the author's approach is practical rather than academic.
Category: Law

The Jct Minor Works Building Contracts 2005

Author : David Chappell
ISBN : 9780470759738
Genre : Technology & Engineering
File Size : 77.74 MB
Format : PDF
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The Minor Works Building Contract is the most widely used of the JCT forms of contact, not only for simple, short contracts of moderate price, for which it is intended, but also for much larger projects for which it is often not suited at all. As a result, contractual difficulties can arise, and despite the form's simplicity an understanding of the legal background to the form is essential. This book explains the practical applications of the form from the point of view of the employer, architect and contractor. It provides a straightforward explanation of the legal aspects of the form supported by flow charts, tables and sample letters. The Fourth Edition has been revised to cover the 2005 edition of the form, which has given the contract a completely new look. The book now covers the new JCT Minor Works Building Contract with contractor's design (MWD).
Category: Technology & Engineering

Fundamentals Of Building Contract Management

Author : Thomas E. Uher
ISBN : 9781742230214
Genre : Business & Economics
File Size : 22.75 MB
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Contracts are vital to the construction delivery process; they direct and govern every move. This book strips the legal mystique and jargon from contracts and exposes their basic logic.
Category: Business & Economics

Building Contract Dictionary

Author : David Chappell
ISBN : 9780470779941
Genre : Technology & Engineering
File Size : 78.52 MB
Format : PDF, ePub, Docs
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Building Contract Dictionary provides a succinct, but authoritative reference to words, phrases and terms encountered in, and in connection with, building contracts. For the new edition all entries have been reconsidered and updated in light of case law and legislation and the book has been substantially enlarged since the last edition ten years ago. There are now over 800 separate entries A wide range of contracts has been referenced, including JCT 98, IFC 98, MW 98, WCD 98, PCC 98, MC 98, ACA 3, GC/Works/1 (1998), NEC, NSC/C, DOM/1, DOM/2 as well as topics such as adjudication, arbitration and the Civil Procedure Rules. It will provide an invaluable reference for architects, quantity surveyors, project managers and contractors. It will also find a ready readership among all construction lawyers. "This is an indispensable book which provides a succinct but authoritative reference to "words, phrases and terms" encountered in the construction industry. ...many of the entries give a substantial commentary on a variety of matters you always wanted to know about but never got round to finding out." Arbitration
Category: Technology & Engineering

Understanding Jct Standard Building Contracts 8e

Author : David Chappell
ISBN : 9781134123650
Genre : Architecture
File Size : 31.26 MB
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This eigth edition of David Chappell’s bestselling guide to the most popular form of construction contracts has been completely revised to take into account the new contracts which have been introduced since May 2005. These include: JCT Standard Building Contract (SBC), JCT Intermediate Building Contract (IC) and ‘with contractor’s design’ (ICD), JCT Minor Works Building Contract (MW) and ‘with contractor’s design’ (MWD), and JCT Design and Build Contract (DB) which have replaced the old JCT 98, IFC 98, MW 98, and WCD 98 contracts. Each contract has been restructured and all the clause numbers have changed together with some terminology. Virtually all the clauses have been reworded and updated in line with recent case law. Chappell avoids legal jargon but writes with authority and precision. Architects, quantity surveyors, contractors and students of these professions will find this a straightforward and practical reference tool arranged by topic.
Category: Architecture