Liquidated Damages And Extensions Of Time

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Liquidated Damages And Extensions Of Time

Author : Brian Eggleston
ISBN : 1444301632
Genre : Technology & Engineering
File Size : 74.66 MB
Format : PDF, ePub
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Liquidated damages and extensions of time are complex subjects,frequently forming the basis of contract claims made under thestandard building and civil engineering contracts. Previouseditions of Liquidated Damages and Extensions of Time are highlyregarded as a guide for both construction industry professionalsand lawyers to this complex area. The law on time and damages continues to develop with an increasingflow of judgments from the courts. Alongside this, the standardforms of contract have also developed over time to reflectprevailing approaches to contractual relationships. Against thisbackground a third edition will be welcomed by constructionprofessionals and lawyers alike. Retaining the overall approach ofthe previous editions, the author clarifies, in a highly readablebut legally rigorous way, the many misunderstandings on time anddamages which abound in the construction industry. The thirdedition takes account of a large volume of new case law since theprevious edition was published over ten years ago, includes a newchapter on delay analysis and features significantly expandedchapters on penalty clauses, the effects of conditions precedentand time-bars, and the complexities of causation.
Category: Technology & Engineering

Extensions Of Time

Author : Gillian Birkby
ISBN : 9781000705188
Genre : Architecture
File Size : 80.22 MB
Format : PDF, ePub, Mobi
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This is a straight forward jargon-free practical guide about all aspects of extensions of time for all construction industry professionals. An extension of time is an issue which most architects and other construction professionals face sooner or later in their career. It is a complex area where the professional administering the contract must act in accordance with the contract conditions andfailure to do so will potentially land the professional and/or his client in court. Throughout the guide the information is presented in a way that is immediately accessible, useful and related to the latest JCT Contracts. Tables, graphs and a glossary are used to help the reader navigate through chapters on liquidated damages, terms under standard contracts, notification of delay, supply of information, assessment, concurrent delays and ethical issues. The authors have clarified potentially complex issues with short, relevant examples drawn from case law and have defined difficult concepts in easy-reference text boxes. This Good Practice Guide is a friendly reference tool for all architects or other professionals charged with assessing extensions of time.
Category: Architecture

Building Contract Claims

Author : David Chappell
ISBN : 9781119951957
Genre : Technology & Engineering
File Size : 51.72 MB
Format : PDF, ePub, Docs
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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

Construction Contracts

Author : David Chappell
ISBN : 9781317636045
Genre : Technology & Engineering
File Size : 60.26 MB
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Construction professionals of all kinds frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Building on the success of two previous editions, David Chappell returns to provide answers to 225 FAQs from his experience as Specialist Advisor to the RIBA. With 50 new questions, and thorough updates to address changes to the law and contracts, this is an invaluable first port of call for any construction law problem. Questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of practical completion, defects, valuation, certificates and payment, architects’ instructions, adjudication and fees. Among the new questions are: Is the contractor bound by its price even if there is an error? How do terms about working in a spirit of trust affect other clauses? Can architects lose their rights to certify under JCT 2011 contracts? Every question included has been asked of David Chappell during his career, and he uses his vast experience to provide clear, easy to follow advice in this book. Most were originally asked by architects, but the answers will be of wide interest to everyone involved in construction.
Category: Technology & Engineering

Construction Contract Claims

Author : R.W. Thomas
ISBN : 9780230344426
Genre : Law
File Size : 22.73 MB
Format : PDF, Kindle
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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 Delays

Author : Roger Gibson
ISBN : 9781134281725
Genre : Technology & Engineering
File Size : 53.17 MB
Format : PDF, Kindle
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This book provides guidance on delay analysis, particularly in relation to extension of time submissions. It gives readers the information and practical details to be considered in formulating and resolving extension of time submissions and time-related prolongation claims. Useful guidance and recommended good practice is given on all the common delay analysis techniques, and worked examples of extension of time submissions and time-related prolongation claims are included. Written in a practical and user-friendly style, the book includes helpful charts and graphics. It will be useful for construction professionals dealing with extensions of time and delay claims, and for lawyers and others who are involved in the contentious side of the construction and engineering industries. Roger Gibson has over 40 years of planning & programming experience in the construction and engineering industries. During the latter part of his career his has received many appointments as an Expert in time-related disputes.
Category: Technology & Engineering

200 Contractual Problems And Their Solutions

Author : Roger Knowles
ISBN : 9780470658314
Genre : Law
File Size : 48.67 MB
Format : PDF, ePub
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This book examines 200 contractual problems that 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 in respect to problems such as procurement matters, tenders and bidding, design issues, and more. 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.
Category: Law

Remedies In Construction Law

Author : Roger ter Haar
ISBN : 9781317194958
Genre : Law
File Size : 35.55 MB
Format : PDF, ePub, Docs
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Remedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. Now in a fully updated second edition, it covers topics such as: Damages Termination Quantum Meruit Recovery Injunctions Limitation ADR This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.
Category: Law

Decisions Of The Comptroller General Of The United States

Author : United States. General Accounting Office
ISBN : IND:30000105168185
Genre : Finance, Public
File Size : 67.27 MB
Format : PDF
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Contains a selection of major decisions of the GAO. A digest of all decisions has been issued since Oct. 1989 as: United States. General Accounting Office. Digests of decisions of the Comptroller General of the United States. Before Oct. 1989, digests of unpublished decisions were issued with various titles.
Category: Finance, Public

Ice Conditions Of Contract

Author : Institution of Civil Engineers Staff
ISBN : 9780727703378
Genre :
File Size : 28.77 MB
Format : PDF, ePub, Docs
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Although the 6th edition of the ICE Conditions of Contract was published in 1991, copies of the 5th edition, for which there is still significant usage, are available.

Pfi And Construction Contracts

Author : David Hickman
ISBN : 9781902375335
Genre : Technology & Engineering
File Size : 72.33 MB
Format : PDF, Mobi
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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.
Category: Technology & Engineering

Construction Companion To Extensions Of Time

Author : Gillian Birkby
ISBN : 1859460992
Genre : Construction contracts
File Size : 82.11 MB
Format : PDF, Docs
Download : 191
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Part of the Construction Companion series, Extensions of Time is a jargon-free, straightforward, practical handbook about all aspects of extensions of time, and aimed at construction industry professionals. Tables, graphs and a glossary help the reader to navigate through chapters on liquidated damages, grounds for extensions of time under standard contracts, notification of delay, supply of information, assessment, concurrent delays, ethical issues and the use of computers. The Construction Companion series examines specific processes in the construction of buildings.
Category: Construction contracts

The Jct 05 Standard Building Contract

Author : Issaka E. Ndekugri
ISBN : 9781856176293
Genre : Technology & Engineering
File Size : 50.40 MB
Format : PDF
Download : 945
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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

Administration Of Government Contracts

Author : John Cibinic
ISBN : 9780808014355
Genre : Business & Economics
File Size : 34.13 MB
Format : PDF, ePub
Download : 587
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This unbiased analysis of statutes, regulations, and case law clarifies the complex rules of federal procurement policies, explaining the processes that government personnel and contractors must follow in every aspect of government contracting--from inception to completion. Topics include contract administration and personnel, contract interpretation, risk allocation, changes, delays, pricing of adjustments, and much more.
Category: Business & Economics

Delay Clauses In International Construction Contracts

Author : Jacob C. Jørgensen
ISBN : 9041126724
Genre : Law
File Size : 82.75 MB
Format : PDF, ePub
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Delay clauses in construction contracts are notoriously inadequate when invoked. The inherent, evidentiary uncertainties surrounding the causes and effects of project delays render them not only difficult to resolve when a dispute arises, but also difficult to regulate contractually. It is not surprising, then, that the governing law of the contract often plays a role when it comes to interpreting and applying contractual clauses dealing with delays, such as liquidated damages clauses and time extension clauses. And in many jurisdictions the governing law, while asserting the partiesand’ right to contractual freedom, in fact fully or partly disables such clauses by restraining the employerand’s right to claim liquidated damages or imposing unfair contract terms rules. In this book well-known practitioners from twelve countries that attract large-scale international construction projects describe and analyse the interpretation and application of delay clauses under the laws of their respective countries. In each of their presentations the reader will find in-depth responses to the following questions: Is the employer required to demonstrate a loss in order to claim liquidated damages? Can the employer claim damages for delay as an alternative or in addition to a claim for liquidated damages? Under which circumstances can the employer defeat a clause limiting the contractorand’s liability for delays? Do interim delays trigger claims for liquidated damages? How are claims for liquidated damages calculated and enforced? Can the contractor claim a reduction of the employerand’s claim for liquidated damages Under what circumstances can the contractor or the employer claim an extension of an agreed time limit and who owns the and‘floatand’? How are concurrent delays dealt with? Does the law impose any notice requirements on the employer in regard to claiming liquidated damages? Under which circumstances does a delay warrant termination of the construction contract? In addition, each author includes a brief description of the construction law environment in his or her country and highlights pitfalls and advantages to be aware of when dealing with a standard construction contract, such as the FIDIC Red Book, in that country. As an eminently practical guide to relevant local law for project managers, engineers, consultants and others concerned in the administration and planning of major construction projects, this book will prove to be a very welcome resource. It will also be very helpful to legal advisors involved in the drafting and negotiation of major international construction contracts and/or in dispute resolution proceedings.
Category: Law

Construction Contract Preparation And Management

Author : Geoff Powell
ISBN : 9780230370289
Genre : Technology & Engineering
File Size : 87.19 MB
Format : PDF, Docs
Download : 242
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Construction industry professionals produce terms of contracts all the time; whenever they write a specification clause or put a dimension on a drawing for example. Unfortunately, a lot of graduates leave university without realising this, or the significance of contracts in general, where misunderstandings and mistakes can be extremely expensive and cause considerable delay. This new text is a practical and reader-friendly approach for students and new professionals in Civil Engineering and the Built Environment, starting at the very beginning of construction projects and making important connections between stages. The text is full of helpful illustrations and real-life industry examples. Includes: • Extensive explanation of two of the most commonly used forms of contract, NEC3 ECC and JCT SBC05 • General principles of contracts; concepts such as the importance of time and programmes, and payment and pricing mechanisms; processes such as tendering; and the importance of stakeholders • An introduction to contract law and negligence as they affect the construction professional • The EU Procurement Directive and framework agreements • Site investigation and how to carry one out • The CDM regulations and safety
Category: Technology & Engineering