The forms of tender, agreement, conditions and bond published by the Institution of Civil Engineers have been designed to standardise the duties of contractors, employers and engineers and to distribute fairly the risks inherent in civil engineering. This classic guide to the contracts provides and authoritative reference, and also a rich and practical introduction to the principles of construction law.
The forms of tender, agreement, conditions and bond published by the Institution of Civil Engineers have been designed to standardise the duties of contractors, employers and engineers and to distribute fairly the risks inherent in civil engineering.This classic guide to the contracts provides and authoritative reference, and also a rich and practi
In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.
Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success are analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute.
Civil Engineering Contracts: Practice and Procedure, Second Edition explains the contract procedures used in civil engineering projects. Topics covered include types of contract in civil engineering, general conditions of contract, insurances, and tender procedures. The powers, duties, and functions of the engineer and his representative are also considered. This book is comprised of 14 chapters and begins with an overview of the philosophy underlying the contract system in civil engineering, followed by a discussion on the promotion of civil engineering works. The reader is then introduced to types of civil engineering contracts; contract risk and contract responsibility; the application of contract documents; and general conditions of contract. The remaining chapters focus on contract specifications; bill of quantities and methods of measurement; principles and types of insurance; procedures for competitive bids or tenders; cost estimates, methods of pricing, and rate fixing; and claims on civil engineering contracts. The final chapter is devoted to arbitration and related procedure for the settlement of contract disputes. This monograph will be useful to practicing civil engineers who are involved with contract administration and to younger engineers who are aspiring to obtain professional qualifications.
This book provides a comprehensive commentary and guidance to readers on the current edition (1999 Edition) of General Conditions of Contract for Civil Engineering Works (the "General Conditions"), which the Hong Kong Government uses for all its civil engineering contracts. The book describes 46 out of 90 clauses in the General Conditions and their practical application, with explanations in plain and simple language under such headings as Commentary, Analysis and Application. The listing of equivalent clauses of the more user-friendly English ICE Conditions and the international FIDIC Conditions together enables the readers to understand the meaning of the General Conditions from a different context. For those readers who find it easier to read in Chinese, the translation will help them to compare with and understand the original English text. The book is therefore useful to students, consulting engineers, surveyors and lawyers who want to understand more about the Hong Kong construction practice.
This second edition of Construction Law: From Beginner to Practitioner provides a thorough and comprehensive guide to construction law by blending together black letter law and socio-legal approaches. This mixed methodology makes an ideal introduction to the subject for those studying to enter the architecture, engineering and construction (AEC) industry in a professional capacity. Designed to equip the student with all they need to know about construction law, the topics covered include: the fundamentals of law and the English legal system contract, business, tort and property law procurement, subcontracting and partnering claims, damages, losses and expenses dispute resolution including mediation, arbitration, litigation and adjudication The book's suitability for study is enhanced by its logical structure, chapter summaries and further reading lists whilst the role of law in achieving a more collaborative and less confrontational AEC industry is examined in detail. Fully updated throughout, this new edition includes coverage of post-Grenfell legislation; increased coverage of modern methods of construction and continuously evolving technologies such as BIM and digital twins; NEC4 and the latest JCT contract suite and the Construction Playbook. This book is useful not only for understanding the basics, but also as a reference that practitioners will use time and again.
The design and construction of buildings is a lengthy and expensive process, and those who commission buildings are continually looking for ways to improve the efficiency of the process. In this book, the second in the Building in Value series, a broad range of topics related to the processes of design and construction are explored by an international group of experts. The overall aim of the book is to look at ways that clients can improve the value for money outcomes of their decisions to construct buildings. The book is aimed at students studying in many areas related to the construction industry including architecture, construction management, civil engineering and quantity surveying, and should also be of interest to many in the industry including project managers, property developers, building contractors and cost engineers.
Now in its fourth edition, this textbook confronts many of the major problems which can arise in claims situations. It employs a systematic approach and is supported by extensive reference to UK and international case law. The negotiation and settlement of claims is an essential – but often overlooked – element of the construction industry, and this troubleshooting guide can help construction professionals, students and contractors to protect themselves against costly claims. Helpful explanatory diagrams make this book an indispensable resource for tackling various types of claims both in the UK and internationally. This text is the essential guide for construction professionals, contractors, undergraduate and postgraduate students alike. It will save professionals and contractors time and money and will prepare students for the reality of the construction industry. New to this Edition: - Chapter 1 revised to limit historical material and allow space for comment on the development of construction law, particularly in the field of extensions of time and 'time at large' - Includes expanded and clarified sections forming new individual chapters on claims for time and claims for money - Updated with the results of recent landmark rulings in cases such as Walter Lilly & Company Limited v. Giles Patrick Cyril Mackay & another and Osbrascon Huarte Lain SA v. Her Majesty's Attorney General for Gibraltar
