TERMINATING CONSTRUCTION AND DESIGN CONTRACTS

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Termination Of Construction And Design Contracts

Author : Michael T. Callahan
ISBN : 9780735581777
Genre : Law
File Size : 41.94 MB
Format : PDF, Kindle
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Construction and design contracts increasingly contain provisions giving one or both parties the power to terminate the contract. Given that contracts are not always clear on the interrelationship between the termination provisions and the law, this unique resource provides the insight and information you need to interpret contracts and enforce key clauses to your client's advantage. "Termination of Construction and Design Contracts" enables you to handle even the most complicated terminations and suspensions. With this latest addition to Aspen Publishers' respected "Construction Red Book Series," you'll be able to: Negotiate and draft appropriate termination clauses in project contracts Benefit from expert analysis of current case law Master the subtle differences between different types of termination --and know when each applies Identify all the potential remedies for the terminated contractor whether justified or wrongful Understand and enforce the duty to mitigate Identify and apply the different immunities Accurately value the costs involved in termination Determine what constitutes default and the grounds for a default termination Define the contractor's, owner's, and designer's right to suspend work "Termination of Construction and Design Contracts" provides complete and comprehensive analysis of all the issues surrounding contract termination and the suspension of construction and design projects. Covers the legal and practical details of termination from every party's perspective: Public Owners Private Owners Contractors Subcontractors Sureties
Category: Law

Hearings

Author : United States. Congress. House. Committee on Post Office and Civil Service
ISBN : UOM:39015020180132
Genre :
File Size : 86.72 MB
Format : PDF, ePub
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Category:

Legal Aspects Of Architecture Engineering The Construction Process

Author : Justin Sweet
ISBN : 9780495411215
Genre : Technology & Engineering
File Size : 34.4 MB
Format : PDF, Docs
Download : 768
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The primary focus of this text is to provide a bridge for students between the academic world and the real world. This bridge is built through an understanding of what is law, how law is created, how law affects almost every activity of human conduct, and how legal institutions operate. Intended mainly for architectural and engineering students, but increasingly for those in business schools and law schools, this text features a clear, concise, and jargon-free presentation. It probes beneath the surface of legal rules and uncovers why these rules developed as they did, outlines arguments for and against these rules, and examines how they work in practice. Updated with the most recent developments in the legal aspects of architectural, engineering, and the construction processes, this text is also a valuable reference for practitioners that has been cited in over twenty-five court decisions. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Category: Technology & Engineering

The Termination Of The Pfi Contract For The National Physical Laboratory

Author : Great Britain: National Audit Office
ISBN : 9780102937695
Genre : Business & Economics
File Size : 82.18 MB
Format : PDF, ePub, Docs
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In 1998, the Department of Trade and Industry (DTI) and Laser, a special purpose company jointly owned by Serco Group plc and John Laing plc, signed a 25-year long Private Finance Initiative (PFI) contract. Laser would build and manage new facilities for the National Physical Laboratory (NPL), comprising 16 linked modules, containing over 400 laboratories, and replacing many existing buildings. The planned cost of the new buildings was approximately £96 million. The DTI would pay Laser a unitary charge, of £11.5 million (1998 prices) a year once the new buildings were ready, the charge increasing annually based on the increase in retail prices. The project suffered considerable construction delays and difficulties in achieving the specification for some parts of the buildings, mainly due to deficient design. In December 2004, it was agreed to terminate the PFI contract. The DTI paid Laser £75 million for its interest in the new buildings. This was the first termination of a major PFI contract involving serious non-performance. This report examines the problems that led to the termination, why these problems arose, how the Department managed them and the value for money consequences of the termination. The report finds that the DTI successfully transferred risk in the PFI contract to the private sector, but that the project risks could have been reduced with firmer control and better communication. Up to and including the termination, the Department's investment in the new facilities was about £122 million (March 2005 prices). In return, the Department secured an asset valued at £85 million and for which all but eight of more than 400 laboratories should be capable of being made to meet its specification in full. The private sector reported a loss of at least £100 million.
Category: Business & Economics

Standard Letters For Building Contractors

Author : David Chappell
ISBN : 9781405177894
Genre : Technology & Engineering
File Size : 63.70 MB
Format : PDF, ePub, Mobi
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Whenever a contractor undertakes work using one of the standard building contracts, however small the job, writing a good many letters will be involved. Some will be formal notices it is necessary to give; others will be letters it is prudent to send. This book provides a set of over 300 standard letters for use with the standard forms of building contract and sub-contract and aims to cover all the common situations which contractors will encounter when involved in a contract. It has been substantially revised to take account of the 2005 suite of JCT contracts, together with changes in case law and the 2007 CDM Regulations. The letters are for use with the following contracts: ● 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), ● JCT Design and Build Contract (DB), ● JCT Standard Building Sub-Contract Conditions (SBCSub/C) and ‘with sub-contractor’s design’ (SBCSub/D/C), ● JCT Intermediate Named Sub-Contract Conditions (ICSub/NAM/C), ● JCT Intermediate Sub-Contract Conditions (ICSub/C) and ‘with sub-contractor’s design’ (ICSub/D/C), and ● JCT Design and Build Sub-Contract Conditions (DBSub/C). There are also letters for use with GC/Works/1 and its subcontract. The book comes with a free CD which includes all the letters. It is compatible for use with Microsoft® Word and WordPerfect® on IBM-PC and Macintosh® machines.
Category: Technology & Engineering

Design And Construction Contracts

Author : Daniel S. Hapke
ISBN : UCAL:B3138087
Genre : Law
File Size : 89.5 MB
Format : PDF, Mobi
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This work focuses on the rights of the owners of buildings under construction. Topics include the design agreement, the contract for general construction, and the construction management agreement. It is geared for use by attorneys and contains sample forms.
Category: Law

Architect And Engineer Liability

Author : Kevin R. Sido
ISBN : 9780735561038
Genre : Law
File Size : 20.15 MB
Format : PDF, ePub, Mobi
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Read : 754

Now you can keep construction design exposure to a minimum! Prepared for design and construction professionals and their attorneys, this comprehensive, up-to-date resource is written by eminent authorities in the field. It details all relevant topics: risk management, alternative dispute resolution, trial conduct, handling shop drawings, insurance and surety, and more. You'll get straightforward answers to all your legal questions, as well as examples of the valuable lessons learned by leading design and construction experts.
Category: Law