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Author | : CLARK |
Publisher | : London School of Economics and Political Science |
Total Pages | : 160 |
Release | : 2021-11-25 |
Genre | : Business & Economics |
ISBN | : 9781913019488 |
Download Construction Disputes: Seeking Sensible Book in PDF, ePub and Kindle
This book reflects the author's fifty years' experience in international construction projects and the management and resolution of disputes. During those fifty years, Wayne Clark's aim has always been to guide parties towards sensible and clear communication, nurturing relationships and seeking early solutions to their differences. His primary goal is to help parties avoid unnecessary conflict - a theme that is clearly evident throughout this book. While two chapters are devoted to preparing construction claims to persuade a tribunal - and in so doing persuade the other side to reach an amicable settlement - the book covers a much wider scope: from the building owner's dream through to the contractor handing over the completed project, wise contract administration, settlement negotiations, the third-party resolution process and, finally, arbitration. During each of these stages, the theme is for the parties to continually seek ways to resolve their differences. The book also introduces the idea of the 'shadow arbitrator', who, if commissioned early in the dispute process, can guide parties and legal counsel to prepare claims and arbitral pleadings that will persuade a tribunal - and encourage the parties to find sensible solutions.
Author | : Cyril Chern |
Publisher | : |
Total Pages | : 0 |
Release | : 2025 |
Genre | : Law |
ISBN | : 9781003437055 |
Download The Law of Construction Disputes Book in PDF, ePub and Kindle
"Updated throughout for this fourth edition, The Law of Construction Disputes maintains its position as a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. The book covers the construction dispute process by analysing the main areas from which disputes arise, up-to-date case law, and how to effectively deal with construction project disputes once they have arisen. It provides the legal practitioner with all the case law needed in one concise volume, and examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating to reach successful conclusions without litigation. Featuring expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners in this field of law and to construction professionals"--
Author | : Thomas J. Kelleher |
Publisher | : Wolters Kluwer |
Total Pages | : 514 |
Release | : 2002-01-01 |
Genre | : Law |
ISBN | : 9780735530089 |
Download Construction Disputes Book in PDF, ePub and Kindle
All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.
Author | : Jonathan J. Sweet |
Publisher | : John Wiley & Sons |
Total Pages | : 478 |
Release | : 1993-03-10 |
Genre | : Law |
ISBN | : 9780471546177 |
Download Avoiding or Minimizing Construction Litigation Book in PDF, ePub and Kindle
Enables non-attorneys in the construction industry to understand how the construction process and law interact in order to resolve disputes without going to court. Analyzes specific issues concerning contracts, subcontracting, tort claims, insurance and bonds. Recommends strategies for avoiding or terminating litigation if a claim arises. Includes actual case studies and a complete reference of relevant AIA, EJCDC and NSPE documents.
Author | : Robert A. Rubin |
Publisher | : John Wiley & Sons |
Total Pages | : 424 |
Release | : 1999-07-26 |
Genre | : Technology & Engineering |
ISBN | : 9780471348634 |
Download Construction Claims Book in PDF, ePub and Kindle
Praise for the Second Edition . . . "A basic, how-to guide . . . for all those involved in the construction industry."--The Construction Lawyer "This book is indispensable for any contractor who, against his better judgment, bids a fixed price contract . . . highly recommended."--David S. Thaler, The Daily Record "Particularly useful to the construction contractor [and] also instructive to owners and design professionals."--Journal of Performance of Constructed Facilities "Practical advice on how to prevent a dispute--from the moment that the contract preparation begins through performance by the contractor and administration by the owner."--Concrete International Over two successful editions, Construction Claims has become the sourcebook of choice on the subject for construction professionals from all areas of the industry. Now extensively updated, the Third Edition includes new material on design/build implications for construction; dispute review boards and their proper use; partnering to avoid disputes; and federal and relevant state environmental regulations. Written by a prestigious and experienced author team, it uses an accessible, step-by-step approach that follows the contracting process from start to finish, with detailed coverage of provisions of the law, "red flag" contract clauses, and documentation issues and procedures. It also addresses the key aspects of prosecuting and defending claims, from claims presentation to formal dispute resolution. Complete with dozens of new forms and checklists, plus case histories, mini-cases, and more, this edition is an essential resource for anyone involved in construction and the law.
Author | : Barry B. Bramble |
Publisher | : Transportation Research Board |
Total Pages | : 52 |
Release | : 1995 |
Genre | : Law |
ISBN | : |
Download Resolution of Disputes to Avoid Construction Claims Book in PDF, ePub and Kindle
This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.
Author | : Robert F. Cushman |
Publisher | : Wolters Kluwer |
Total Pages | : 570 |
Release | : 1995-12-31 |
Genre | : Law |
ISBN | : 0735549508 |
Download Construction Litigation Book in PDF, ePub and Kindle
Written by a team of authors who are not only experienced in resolving construction disputes, but also are known and respected for their expertise in specific areas commonly encountered in construction litigation, Construction Litigation: Representing the Owner is an ideal reference and resource. Intended primarily to assist attorneys, this book also provides a useful desk reference to anyone whose activities touch a long-term contract matters and provides a solid frame-work for understanding how actions may affect this important part of operations.
Author | : Nicholas J. Carnell |
Publisher | : John Wiley & Sons |
Total Pages | : 320 |
Release | : 2008-08-06 |
Genre | : Technology & Engineering |
ISBN | : 0470759348 |
Download Causation and Delay in Construction Disputes Book in PDF, ePub and Kindle
Building contract claims for more time on projects represent one of the largest sources of dispute within the industry. However, identifying the causes of delays, and the effects they have on the project, is often difficult and the burden on the party seeking to prove delay is a heavy one. This book provides the construction professional with an analysis of how construction projects become delayed, the practical measures which can be taken to avoid such delays, and how the parties can protect their positions in the face of delays. It goes on to look at the requirements for producing a successful claim. It provides a straightforward guide to the legal issues, and also considers how the effects of delays can most practically be addressed. The Second Edition takes account of new case law since 1999, and has new sections on adjudication, risk allocations and the Society of Construction Law Delay Protocol. Very well received when it was first published, the book is aimed particularly at contractors, project managers and senior surveyors, but will also be of interest to construction lawyers.
Author | : Robert A. Rubin |
Publisher | : Springer Science & Business Media |
Total Pages | : 332 |
Release | : 1992-09-30 |
Genre | : Law |
ISBN | : 9780442004415 |
Download Construction Claims Book in PDF, ePub and Kindle
Construction Claims is an important resource professionals can turn to when looking for information on how to avoid, negociate, prosecute, document, and defend construction claims. Written for the contractor rather than the attorney, this book includes information on program management, turnkey contracting, mini-trials, and environmental issues such as hazardous materials. Special features of this book include standard contract forms, case histories, sample forms, and charts that address any contract situation.
Author | : Barry B. Bramble |
Publisher | : John Wiley & Sons |
Total Pages | : 440 |
Release | : 1989 |
Genre | : Law |
ISBN | : |
Download Construction Litigation Book in PDF, ePub and Kindle
This text covers from pretrial activities to evidentiary concerns, forum, trial and appeal issues, and many other topics. It includes tips and tools for construction professionals who must present their positions to opposing parties in negotiations. Illustrative graphics for presenting claims and providing damages are included.