Evaluating Contract Claims

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Evaluating Contract Claims

Author : R. Peter Davison
ISBN : 1444301470
Genre : Technology & Engineering
File Size : 85.68 MB
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Most medium to large construction contracts include a claim forextra payment for variations or disruption to the programme. Whilstthe causes of the claim are often well documented, what can andcannot be included in the payment is often misunderstood and thecalculation of quantum consequently becomes vague and poorlysubstantiated. Thoroughly updated over the previous edition, reflectingpertinent Court decisions on damages and the duty to mitigate, thenew edition covers new provisions of the revised JCT 2005 contractsand the 2005 New Engineering Contract. There is substantialadditional material on issues arising from time and delay analysisand the financial consequences of changes to time – issuesthat regularly cause real problems in the evaluation of quantum forconstruction claims. Most current books on the subject concentrate on theestablishment of liability and the requirements of individualstandard forms of contract. This book, however, concentrates on thequantification of claims after liability has been established,regardless of the form of contract used, and sets out theprinciples and methods that should be reflected in the evaluationof claim quantum and the standard of substantiation required. Itwill therefore appeal to those working with both building andengineering contracts. Reviews of the previous edition "Well written and highly informative" BuildingEngineer “His observations on the assessment of productivity andthe use of facilities and equipment are particularly helpful forlawyers, who deal with construction claims” ConstructionLaw
Category: Technology & Engineering

Evaluating Contract Claims

Author : John Mullen
ISBN : 9781118918142
Genre : Law
File Size : 61.37 MB
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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.
Category: Law

Evaluating Contract Claims

Author : R. Peter Davison
ISBN : 9781405147767
Genre : Technology & Engineering
File Size : 76.66 MB
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Category: Technology & Engineering

Building Contract Claims

Author : David Chappell
ISBN : 140511763X
Genre : Law
File Size : 73.93 MB
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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 Management

Author : Eugenio Pellicer
ISBN : 9781118539606
Genre : Technology & Engineering
File Size : 79.5 MB
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The management of construction projects is a wide ranging and challenging discipline in an increasingly international industry, facing continual challenges and demands for improvements in safety, in quality and cost control, and in the avoidance of contractual disputes. Construction Management grew out of a Leonardo da Vinci project to develop a series of Common Learning Outcomes for European Managers in Construction. Financed by the European Union, the project aimed to develop a library of basic materials for developing construction management skills for use in a pan-European context. Focused exclusively on the management of the construction phase of a building project from the contractor’s point of view, Construction Management covers the complete range of topics of which mastery is required by the construction management professional for the effective delivery of new construction projects. With the continued internationalisation of the construction industry, Construction Management will be required reading for undergraduate and postgraduate students across Europe.
Category: Technology & Engineering

Practical Guide To Construction Contract Surety Claims

Author : William Schwartzkopf
ISBN : 9780735552630
Genre : Law
File Size : 41.55 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

200 Contractual Problems And Their Solutions

Author : J. Roger Knowles
ISBN : 9781118257043
Genre : Law
File Size : 70.66 MB
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This book examines 200 contractual problems which regularly arise on building and engineering projects and provides a detailed explanation of their solutions, citing standard contract conditions and key parts of legal judgements as authority. A succinct summary is provided at the end of each detailed solution. It covers problems together with their solutions in respect of: Procurement matters Tenders and bidding Design issues Letters of intent Contractor's programme Contractor's float Delays Concurrent Delays Extensions of time Liquidated/delay damages Unliquidated damages Variations Loss and expense/additional cost claims Acceleration Global claims Payment Damage to the works Exclusion clauses Retention of title Practical completion Defect correction Adjudication This book deals with a broad range of construction contracts including JCT Standard Form and Design and Build, New Engineering Contract NEC3, ICE and GC/Works/1. This book was first published under the title of One Hundred Contractual Problems and Their Solutions, with a second edition entitled One Hundred and Fifty Contractual Problems and their Solutions. This third edition adds 50 new problems and replaces 15 of those in the last edition. Of the remainder half have been the subject of revision. "Deserves a place on every site and in every office as the standard handbook on contractual problems" —Construction Law Digest
Category: Law

The Expert Witness In Construction

Author : Robert Horne
ISBN : 9781118654354
Genre : Law
File Size : 54.23 MB
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The role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome. The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner. The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to: help and guide professionals new to the arena of expert evidence; act as a resource for those already acting as Experts; assist party representatives looking for best practice guidance on the instruction of Experts; and provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case. Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented. Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.
Category: Law

World Trade Center Health Program

Author : Kay L. Daly
ISBN : 9781437989069
Genre :
File Size : 21.81 MB
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This report discusses the briefing presented to congressional staff on June 30, 2011 regarding the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act). The Zadroga Act requires GAO to report by July 1, 2011, on whether the Clinical Centers of Excellence (CCE) under contract with the World Trade Center Health Program (WTCHP) Administrator have financial systems that allow for the timely submission of health care claims data as envisioned by the act. Beginning on July 1, 2011, the WTCHP is to provide medical services to responders and survivors of the September 11, 2001, terrorist attacks through contracted medical facilities known as CCEs in the New York City/New Jersey metropolitan area and a nationwide network of providers. In addition to providing medical services, the WTCHP is required to collect, report, and analyze data, including health care claims data; perform research on World Trade Center-related health conditions; and establish an outreach program. The Secretary of Health and Human Services designated the Director of the National Institute for Occupational Safety and Health (NIOSH) as the WTCHP Administrator. The Administrator is responsible, as specified by the Zadroga Act, for all provisions of the act not related to payments for eligible health care claims. As discussed with the committees, our objective was to describe the WTCHP Administrator's plans and processes for determining whether the CCEs' financial systems can provide timely and accurate health care claims data as required by the Zadroga Act. Accordingly, the briefing focused on the (1) Centers for Disease Control and Prevention (CDC)/NIOSH schedule for awarding contracts to CCEs, (2) health care claims data requirements for the CCEs and planned procedures, and (3) Administrator's plans for evaluating each CCE system's health care claims data capabilities during and after the award of the contracts.
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Construction Change Order Claims

Author : Michael T. Callahan
ISBN : 9780735552371
Genre : Law
File Size : 55.23 MB
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Construction Change Order Claims brings you up-to-date with the latest methods for determining value of work or all types of projects. Commonly encountered claim issues are covered in detail, including: Surety issues Evaluating changes resulting from ambiguous specifications or inadequate design Measuring the cost impact of delays Proving the price of damages This all-in-one resource guides you through every type and aspect of change claims, offering hands-on guidance and analysis from 25 experienced practitioners. Construction Change Order Claims helps you quickly answer difficult questions such as: Is a change order on a construction project an "extra"--or is it included within the scope of the basic contract price? When does an owner's unintentional interference cross the line between a mere impairment or hindrance to an alteration of the contractor's intended methods of performance? What specific circumstances support the use of the cardinal change doctrine? What circumstances must be present to employ the Percentage of Completion accounting method? Construction Change Order Claims delivers: Innovative defenses to avoid being bound by a release Guidance for anticipating contractor defenses, and for preparing opposing arguments Practical tips and accounting tools for evaluating progress and calculating payments Federal, state and local certification requirements for public and private projects And more!
Category: Law

Green Building Materials And Civil Engineering

Author : Jimmy C.M. Kao
ISBN : 9781315751986
Genre : Technology & Engineering
File Size : 60.62 MB
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This book contains select green building, materials, and civil engineering papers from the 4th International Conference on Green Building, Materials and Civil Engineering (GBMCE), which was held in Hong Kong, August 21-22, 2014. This volume of proceedings aims to provide a platform for researchers, engineers, academics, and industry professionals f
Category: Technology & Engineering

The Construction Contracts Book

Author : Daniel S. Brennan
ISBN : 1604422556
Genre : Law
File Size : 54.94 MB
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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)"
Category: Law

Labor Cases

Author : Commerce Clearing House
ISBN : CORNELL:31924092642234
Genre : Labor laws and legislation
File Size : 59.22 MB
Format : PDF
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A full-text reporter of decisions rendered by federal and state courts throughout the United States on federal and state labor problems, with case table and topical index.
Category: Labor laws and legislation

Contracts Scenarios And Prototypes

Author : Reinhold Plosch
ISBN : 3540434860
Genre : Business & Economics
File Size : 83.8 MB
Format : PDF
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The number of methods and tools available to the software engineer nowadays is overwhelming; nevertheless many software projects fail to meet their schedules, are over budget, do not meet the user requirements, or simply have considerable quality defects. Reinhold Ploesch emphasizes methods, techniques and tools that can be used by typical software engineers in everyday projects. The important requirements for the methods and techniques presented are simplicity, preciseness, generality and expressiveness; the challenge is to develop approaches that are balanced in the sense that all four requirements are fairly equally fulfilled. His approach combines contract and scenario techniques into a consistent methodology that can be used in analysis and design. It can also be combined with prototyping-based software development. Graduate students and researchers will gain a thorough understanding of contract techniques and related approaches. Professional software engineers will find many techniques applicable in their daily work, as all approaches given are compared with techniques available in the realm of the popular UML language.
Category: Business & Economics

Service Oriented Computing

Author : Luciano Baresi
ISBN : 9783642103827
Genre : Business & Economics
File Size : 43.46 MB
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This book constitutes the proceedings of the 7th Joint International Conference on Service-Oriented Computing, ICSOC-ServiceWave 2009, held in Stockholm, Sweden, in November 2009. The 54 contributions to this volume, consisting of 37 full papers, 8 short papers and 9 demonstration papers, were carefully reviewed and selected from 228 submissions. The papers are arranged in topical sections on composition, discovery, design principles, customization and adaptation, negotiation, agreements and compliance, selection, platforms and infrastructures, security, modeling and design, validation and verification, reputation and ranking, and service management. This volume launches the new subline of Lecture Notes in Computer Science, entitled LNCS Services Science.
Category: Business & Economics

Medicare

Author : Leslie G. Aronovitz
ISBN : 1422315630
Genre :
File Size : 51.24 MB
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The Centers for Medicare & Medicaid Services (CMS) -- the agency that administers Medicare -- estimated that the program made about $700 million in improper payments for durable medical equipment, prosthetics, orthotics, & supplies (DMEPOS) from April 1, 2005, through March 31, 2006. To protect Medicare from improper DMEPOS payments, CMS relies on 3 Program Safeguard Contractors (PSC), & 4 contractors that process Medicare claims, to conduct critical program integrity activities. This report examines CMS¿s & CMS¿ contractors¿ activities to prevent & minimize improper payments for DMEPOS, & describe CMS¿s oversight of PSC program integrity activities. Includes GAO recommendations. Charts & tables.
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