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Termination of Construction and Design Contracts

Termination of Construction and Design Contracts
Author: Michael T. Callahan
Publisher: Wolters Kluwer
Total Pages: 526
Release: 2009-01-01
Genre: Law
ISBN: 0735581770
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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 clientand’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 Publishersand’ respected Construction Red Book Series, youand’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—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 contractorand’s, ownerand’s, and designerand’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 partyand’s perspective: Public Owners Private Owners Contractors Subcontractors Sureties

Design and Construction Contracts

Design and Construction Contracts
Author: Daniel S. Hapke
Publisher:
Total Pages: 242
Release: 1987
Genre: Law
ISBN:
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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.

The Construction Contracts Book

The Construction Contracts Book
Author: Daniel S. Brennan
Publisher: Forum
Total Pages: 382
Release: 2004
Genre: Law
ISBN:
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This book offers a comparison of the forms of agreement from the AIA, AGC and EJCDC by providing: a guide to how they treat the most significant issues in owner/contractor/subcontractor and owner/design professional agreements; and proposed alternative language for situations where the form contract approach may not provide the best solution.

Construction Law

Construction Law
Author: Gail Kelley
Publisher: John Wiley & Sons
Total Pages: 324
Release: 2012-10-02
Genre: Law
ISBN: 1118229037
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A clear, concise introduction to construction law for professionals Construction Law: An Introduction for Engineers, Architects, and Contractors offers a comprehensive review of the U.S. legal environment, focusing on the legal concepts and issues applicable to the design and construction industries. Topics covered include: Basic legal principles Project participants Project delivery systems Construction contracts The design process Procurement Pricing construction projects Subcontractors and suppliers Time for performance Construction scheduling Contract administration The payment process Changes to the work Differing site conditions Termination of the construction contract Mechanic's liens Construction insurance Surety bonds Liability for defective construction Calculations of damages The Economic Loss Doctrine Alternative dispute resolution This book serves as an excellent introduction to construction law for students as well as professionals in the construction industry.

Alternative Clauses to Standard Construction Contracts

Alternative Clauses to Standard Construction Contracts
Author: James E. Stephenson
Publisher: Aspen Publishers
Total Pages: 616
Release: 1990
Genre: Law
ISBN:
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This valuable reference, edited by one of the most respected names in construction law, presents the modifications and alternative clauses used by experienced attorneys in changing the most frequently discussed and controversial sections of the standard forms. In presenting selected alternative contract clauses to the AIA contracts, this book addresses the concerns of owners, developers, contractors, subcontractors and others who wish to supplement of modify the standard forms, and provides a complete rationale for each suggested modification. Attorneys for the various parties, on a variety of construction projects, can now easily shift project risks and liabilities to better project client interests by employing proven alternative clauses for contracts between owners and architects, and owners and contractors are included, and certain improvements to AIA's cost-plus construction contract forms are presented. the outstanding contributors to this work also address payment disputes that delay damage issues and other frequently contested and amended 'hot spots.' the most comprehensive sourcebook of its kind, Alternative Clauses to Standard Construction Contracts points up the benefits and limitations of each clause as seen from the standpoint of each party involved.

Smith, Currie and Hancock's Common Sense Construction Law

Smith, Currie and Hancock's Common Sense Construction Law
Author: Thomas J. Kelleher, Jr.
Publisher: John Wiley & Sons
Total Pages: 897
Release: 2014-11-20
Genre: Technology & Engineering
ISBN: 1118858158
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Cut through the legalese to truly understand construction law Smith, Currie & Hancock's Common Sense Construction Law is a guide for non-lawyers, presenting a practical introduction to the significant legal topics and questions affecting the construction industry. Now in its fifth edition, this useful guide has been updated to reflect the most current developments in the field, with new information on Public Private Partnerships, international construction projects, and more. Readers will find full guidance toward the new forms being produced by the AIA, AGC, and EJDC, including a full review, comparison to the old forms, areas of concern, and advice for transitioning to the new forms. The companion website features samples of these documents for ease of reference, and end of chapter summaries and checklists help readers make use of the concepts in practice. The updated instructor support material includes scenario exercises, sample curriculum, student problems, and notes highlighting the key points student responses should contain. Construction is one of the nation's single largest industries, but its fractured nature and vast economic performance leave it heavily dependent upon construction law for proper functioning. This book is a plain-English guide to how state and federal law affects the business, with practical advice on avoiding disputes and liability. Understand construction law without wading through legal theory Get information on an emerging method of funding large-scale projects Parse the complexities presented by international and overseas projects Migrate to the new AIA, AGC, and EJDC forms smoothly and confidently This book doesn't cover legal theory or serve as a lawyer's guide to case law and commentary – its strength is the clear, unaffected common-sense approach that caters to the construction professional's perspective. For a better understanding of construction law, Smith, Currie & Hancock's Common Sense Construction Law is an efficient reference.

Smith, Currie & Hancock's Common Sense Construction Law

Smith, Currie & Hancock's Common Sense Construction Law
Author: John M. Mastin
Publisher: John Wiley & Sons
Total Pages: 1004
Release: 2019-09-16
Genre: Technology & Engineering
ISBN: 1119540186
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The #1 construction law guide for construction professionals Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate risks—whether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems. Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more. Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD) Presents new coverage of digital tools and processes including Electronically Stored Information (ESI) Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting Filled with checklists, sample forms, and summary “Points to Remember” for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.