Contract Law in the Construction Industry Context

Contract Law in the Construction Industry Context

Author: Carl J. Circo

Publisher: Routledge

Published: 2019-10-16

Total Pages: 261

ISBN-13: 1000708004

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This book chronicles how contract cases from the construction industry have influenced, solidified, refined and particularized U.S. contract law. The book’s central claim is that the construction industry experience has helped to contextualize U.S. contract law and, therefore, has encouraged the common law to be more receptive to flexible legal standards and practices and less constrained by the relatively rigid rules that often characterize contract law. Other scholarly books analyze the themes, values, standards, and principles of contemporary contract law, but none captures how construction industry relationships and practices have influenced the common law of contracts. After providing an overview of construction law as a specialty of the practicing bar and as a field for scholarly inquiry, this book examines the construction industry cases that have most directly influenced contract law. It reviews how industry dispute patterns have caused courts to refine contract law principles or to adapt and modify other principles. Separate chapters explain the special roles that cases in the U.S. Supreme Court and in the lower federal courts have played in defining and distinguishing contract law in the construction industry. The final chapters assess implications the construction industry cases hold for contract theory writ large, and for the future of contract law. This book is essential reading for legal scholars, construction law and contract law specialists, and those interested in how the construction industry has helped shape the U.S. legal system.


Contractual Procedures in the Construction Industry

Contractual Procedures in the Construction Industry

Author: Allan Ashworth

Publisher: Routledge

Published: 2018-03-13

Total Pages: 436

ISBN-13: 1315529041

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Contractual Procedures in the Construction Industry 7th edition aims to provide students with a comprehensive understanding of the subject, and reinforces the changes that are taking place within the construction industry. The book looks at contract law within the context of construction contracts, it examines the different procurement routes that have evolved over time and the particular aspects relating to design and construction, lean methods of construction and the advantages and disadvantages of PFI/PPP and its variants. It covers the development of partnering, supply chain management, design and build and the way that the clients and professions have adapted to change in the procurement of buildings and engineering projects. This book is an indispensable companion for students taking undergraduate courses in Building and Surveying, Quantity Surveying, Construction Management and Project Management. It is also suitable for students on HND/C courses in Building and Construction Management as well as foundation degree courses in Building and Construction Management. Key features of the new edition include: A revised chapter covering the concept of value for money in line with the greater emphasis on added value throughout the industry today. A new chapter covering developments in information technology applications (building information modelling, blockchains, data analytics, smart contracts and others) and construction procurement. Deeper coverage of the strategies that need to be considered in respect of contract selection. Improved discussion of sustainability and the increasing importance of resilience in the built environment. Concise descriptions of some the more important construction case laws.


Construction Contracts

Construction Contracts

Author: J. R. Murdoch

Publisher: Taylor & Francis

Published: 2000

Total Pages: 412

ISBN-13: 9780419253105

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Construction Contracts focuses on the law governing construction contracts, and the management and administration of these contracts.


Construction Law Handbook

Construction Law Handbook

Author:

Publisher: Thomas Telford

Published: 2000

Total Pages: 904

ISBN-13: 9780727728838

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- The planning system - Financing the project - Public sector projects - Public/private sector partnerships - Tender process - The construction contract - Construction insurance - Ways of operating - Working with others - Working internationally - The engineer's appointment - Collateral warranties - Professional indemnity insurance - Copyright and intellectual property - Employment law - Computers and IT - Law of contract - Law of tort - Environmental law - Health and safety law - Insolvency in construction - Administration of claims - Litigation - Arbitration - Adjudication


Contract Law and the Legislature

Contract Law and the Legislature

Author: TT Arvind

Publisher: Bloomsbury Publishing

Published: 2020-08-06

Total Pages: 483

ISBN-13: 1509926127

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This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.


Construction Law

Construction Law

Author: Gail Kelley

Publisher: John Wiley & Sons

Published: 2012-10-02

Total Pages: 324

ISBN-13: 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.


Improving the Performance of Construction Industries for Developing Countries

Improving the Performance of Construction Industries for Developing Countries

Author: Pantaleo D. Rwelamila

Publisher: Routledge

Published: 2020-12-22

Total Pages: 384

ISBN-13: 100028865X

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This book documents the experiences, development, and prospects of the construction industry in numerous developing countries. It will provide a strong base of reference for countries looking to improve their construction industries as part of their wider economic development programme. The opening chapter presents a strategic overview of the contents of the book, and each country-specific chapter is structured to consider the legal and policy frameworks, administrative infrastructure and procedures, and implementation mechanisms, as well as the experiences, current activities, and future plans and programmes with respect to construction industry development in each country. The concluding chapter looks forward and considers the implications of future trends for the construction industries in developing countries and the actions which will be required to address them. Chapters cover: India, Singapore, Chile, South Africa, Tanzania, Malaysia, Botswana, Ghana, Uganda, Indonesia, China, Croatia, and Eswatini. Readers will learn about the wealth of comparable stories from global coverage from the detailed country-specific cases. Building on important scholarly works in the field, this book is essential reading for academics, researchers, and policy makers in built environments, economics, construction management, infrastructure management, and the wider construction industry.


International Contracting

International Contracting

Author: Arjan Van Weele

Publisher: World Scientific

Published: 2014

Total Pages: 523

ISBN-13: 1908979518

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This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings.The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims.Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics.Though not an academic book, due to its unique blend of practitioners'' insight and academic theory, it can be taught in courses at institutes at the master level. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs both at the graduate and postgraduate level. Lawyers will find the book useful to understand the business context in which their customers and/or colleagues work.