Marking the 35th anniversary of the Centre of Construction Law & Dispute Resolution at King’s College London, this volume brings together a large and illustrious group of contributors to create a comprehensive and authoritative guide cutting across all key areas of contemporary construction law, ranging from construction arbitration to procurement and contract law. It takes an international approach to construction law and considers issues such as investor-State dispute settlement, insolvency and liquidated damages in civil law and common law jurisdictions and procurement from a comparative perspective, as well as certain key common law/English law topics (such as fitness for purpose) that are of relevance to an international audience. The book provides detailed and practical guidance to the legal framework of the construction industry for barristers, solicitors, arbitrators, adjudicators, academics, contract managers, construction consultants and quantity surveyors, among others.
The rapid developments in government contract law of the late 1990s and early 2000s have necessitated a new edition of this casebook, which offers the first contemporary one-volume casebook for a Government Contracts course. All chapters have been updated with new cases and notes, and two entirely new chapters have been added to ensure that the book's coverage is complete. The casebook makes government contract law accessible to readers of all backgrounds, from second-year law students who have taken only basic contract law, to commercial lawyers and non-lawyer government contract professionals seeking a broad, legally-focused introduction to the field. While all the traditional areas of interest receive coverage, the book emphasizes cases from increasingly important areas such as high technology, health care, commercial products, and state needs. Tiefer and Shook bring academic and practitioner experience and expertise to their treatment of government contract law. A teacher's manual is available.
To view or download the 2017 supplement to this book, click here. This new book revises, and adds new foci, to the authors' predecessor casebook Government Contract Law: Cases and Materials (2d ed. 2004). It retains the core chapters for a syllabus on the basics of government contracting law. The authors update the core chapters with short, student-friendly, tightly-edited cases. Many cases date from the 2000s, with most of the rest from the 1990s. These present current understandings of issues and doctrines in this rapidly evolving field. As new foci, the authors have greatly expanded the number of specialized chapters treating increasingly important topics. New chapters cover such fast-changing specialties as commercial and IDIQ contracting, intellectual property, health care, construction, government and contractor workforce, false claims and defective pricing, and government takings. Also, the book treats new procedures including protests of task order awards and claims for government breaches of contract. Dozens of fresh notes by the authors cover recent developments such as government acquisition of property rights in software, and contracting in the Afghan and Iraq wars. Tiefer and Shook bring academic and practitioner experience and expertise to their treatment of government contract law.
This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.
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.
A guide to effective corporate and project management in the construction industry with a focus on the role that people play in the process Global Construction Success explores the importance that human dynamics play in risk management of construction projects. Every time a project is structured, designed and built, personal behaviours and inputs can either lead to success or be the cause of failure. With contributions from noted experts on the topic, the book offers insight into stakeholders' reactions in a variety of situations, provides expert analyses of risk management and proposes potential solutions and recommendations in order to ensure effective construction management. The book explores common causes of project failure, outlines the key factors of successful projects, shows how to implement Public Private Partnerships, explores the different stages of structuring projects and reveals what it takes to manage difficult client/contractor relationships. International case studies of major projects clearly illustrate how communications and relationships can lead to helpful solutions to commonly encountered challenges to achieve positive results. Offers a comprehensive review of the impact human dynamics play in the success or failure of construction projects Stresses the importance of the leadership of senior management Offers a chapter on managing and resolving conflicts Shows why the industry needs better risk management Includes new information for managing communications and relationships Explores new areas of technology that are being embraced by the construction industry Written for construction industry senior management in both the corporate and government sectors, project management professionals, consultants and supply chain participants, Global Construction Success includes material for minimizing risk and improving management quality and profitability when working with international construction projects.
This volume shows how, since 1950, the growth of copyright regulation has followed, and enabled, the extraordinary economic growth of the entertainment, broadcasting, software and communications industries. It reproduces articles written by an extensive list of leading thinkers. US scholars represented in readings include James Boyle, Lawrence Lessig, Pamela Samuelson, Mark Lemley, Alfred Yen, Julie Cohen, Peter Jaszi and Eben Moglen. Leading non-US contributors include Alan Story, Brian Fitzgerald and Peter Drahos. These and other authors explain copyright origins, the development of the law, the theory of enclosure, international trends, recent developments, and current and future directions. Today, the copyright system is often portrayed as an engine of growth, and effective regulation as a predictor of economic development. However, critics see dangers in the expansion of intellectual property rights. The articles in this volume focus principally on the digital age, examining how copyright regulation is likely to affect goals of dissemination and access.
Now in its second edition, Construction Law is the standard work of reference for busy construction law practitioners, and it will support lawyers in their contentious and non-contentious practices worldwide. Published in three volumes, it is the most comprehensive text on this subject, and provides a unique and invaluable comparative, multi-jurisdictional approach. This book has been described by Lord Justice Jackson as a "tour de force", and by His Honour Humphrey LLoyd QC as "seminal" and "definitive". This new edition builds on that strong foundation and has been fully updated to include extensive references to very latest case law, as well as changes to statutes and regulations. The laws of Hong Kong and Singapore are also now covered in detail, in addition to those of England and Australia. Practitioners, as well as interested academics and post-graduate students, will all find this book to be an invaluable guide to the many facets of construction law.
Weak or failed states - where no government is in control - are the source of many of the world's most serious problems, from poverty, AIDS and drugs to terrorism. What can be done to help? The problem of weak states and the need for state-building has existed for many years, but it has been urgent since September 11 and Afghanistan and Iraq. The formation of proper public institutions, such as an honest police force, uncorrupted courts, functioning schools and medical services and a strong civil service, is fraught with difficulties. We know how to help with resources, people and technology across borders, but state building requires methods that are not easily transported. The ability to create healthy states from nothing has suddenly risen to the top of the world agenda. State building has become a crucial matter of global security. In this hugely important book, Francis Fukuyama explains the concept of state-building and discusses the problems and causes of state weakness and its national and international effects.
