A comprehensive, easy to understand guide to legal issues associated with the construction industry. Written by a construction lawyer and general contractor in collaboration to produce relevant, comprehensive and real-world information. Straight forward material on contract, common, and regulatory law associated with designing and managing construction projects with engaging graphics, exercises and real-world examples. Provides a logical structure for those teaching construction law including case studies and information and resources necessary to meet accreditation requirements for a university construction management degree course.
International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.
For all courses covering engineering and construction law and/or contracts. This is a comprehensive and up-to-date guide to engineering and construction law and contracts, written from the perspective of practicing engineers and construction professionals. Dr. J. K. Yates covers key issues through examples and case studies, minimizing the use of legal terminology, and explaining all essential legal terms in the common vernacular. This text's broad coverage encompasses these and many other topics: labor, environmental, and sustainability law; professional ethics; tort law; agency relationships; real property law; firm ownership; contracts, including terms and conditions; government contracting; change orders; dispute resolution; risk management and construction insurance; and international legal issues, including arbitration.
This comprehensive and popular textbook aims to bridge the gap between theoretical study and practical application. It covers the essentials of construction contracts, including how the law has developed, the reasoning behind key clauses and how contract law is applied in practice, and it helps to make the transition from student to practitioner manageable. This text is intended for all undergraduates studying a construction contract law or a contract administration module or unit. It is ideal for postgraduate degrees in quantity surveying and building surveying, construction project management, and construction management. Civil engineers and students of architecture and architectural technology will find it provides a comprehensive guide to the law in the construction context. It is also very comprehensive in scope and provides sufficient materials to bridge the gap between the student and professional texts. New to this Edition: - Discussion of the implementation of the Local Democracy, Economic Development and Construction Act 2009, amending the Housing Grants Construction and Regeneration Act 1996 - Updates to sections on the formation of contracts, mistakes in tenders, equitable remedies, agency and supervision, and the immunity of expert witnesses, reflecting the latest Supreme Court judgements - Clarification of the relationship between construing and implication of terms, and the law on construction operations - Expansion of the case law on professional liability, and on the Defective Premises Act as a statutory term - More real-world construction examples to illustrate concepts and theories
FIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered. Humphrey LLoyd, International Construction Law Review [2010] ICLR 386
For students: this textbook is about gaining knowledge of construction law, developing an understanding of construction law, and acquiring the ability to apply it. Do not doubt that your career in construction management will go better when you make construction law your ally. For construction management professionals: this textbook is a practical reference guide to the wide variety of issues addressed by construction law. Insight into these issues enables professionals to make more informed decisions and to avoid unnecessary claims and disputes. For educators: this textbook engages the student-learning outcomes that respond to the construction law curricular requirements of the American Council for Construction Education (ACCE). Its subject matter has been chunked to fit a flipped classroom pedagogical model. Gregory F. Starzyk is an Assistant Professor of Construction Management at California Polytechnic State University in San Luis Obispo, California, where he teaches construction law, integrated project delivery, preconstruction integration and planning, and construction accounting. He is a Certified Professional Constructor, a DBIA Associate and a Six-Sigma Green Belt. Greg graduated from the University of Illinois at Urbana-Champaign with a Bachelor of Science Degree in Civil Engineer, Northwestern University with a Masters in Project Management, and Taft University Law School with a Juris Doctorate. Prior to academia he was a union-trained carpenter, licensed general contractor, and for 23 years he held various management positions involving refinery and petrochemical plant construction worldwide for UOP, LLC.
This is the first book to explain the law applicable to the updated Joint Building Contracts Committee (JBCC) Principle Building Agreement (6th edition, 2014) and the Engineering General Conditions of Contract for Construction Works (2nd edition, 2010), which are both annexed to the book and extensively cross-referenced to assist the reader. The book also cross-references the relevant clauses of the FIDIC Contract Agreement (1999). Disputes arising out of building contracts are often referred to arbitration for solution. This work therefore deals with the effect of the Arbitration Act 42 of 1965 and the Association of Arbitrators Standard Procedure Rules, which are also reproduced as annexures in the book.
