Understanding and Negotiating Construction Contracts

Understanding and Negotiating Construction Contracts

Author: Kit Werremeyer

Publisher: John Wiley & Sons

Published: 2023-07-19

Total Pages: 390

ISBN-13: 1394150202

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Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.


Understanding Construction Contracts

Understanding Construction Contracts

Author: Akhtar Surahyo

Publisher: Springer

Published: 2017-10-18

Total Pages: 259

ISBN-13: 3319666851

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This book provides an overall understanding of construction contracts, explaining a range of topics with in-depth examples, allowing engineers, site managers, architects, contractors, and other construction professionals in search of information on construction contracts to find it in one place. The volume further serves as a learning tool and a reference guide for students and instructors. Adopting a primarily Canadian perspective, the book provides references from two Standard Contract Documents CCDC (Canadian Construction Document Committee) and FIDIC (International Federation of Consulting Engineers) and briefly describes other major contract documents used within USA and UK construction industries.


The Construction Contracts Book

The Construction Contracts Book

Author: Daniel S. Brennan

Publisher: Forum

Published: 2004

Total Pages: 382

ISBN-13:

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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 Contracts

Construction Contracts

Author: John Murdoch

Publisher: Routledge

Published: 2002-01-04

Total Pages: 408

ISBN-13: 1135803269

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Although the legal principles involved in construction contracts and their management and administration are an aspect of general contract law, the practical and commercial complexities of the construction industry have increasingly made this a specialist field. Recognizing this, Construction Contracts is a fully revised edition of the UK’s leading textbook on the law governing this area. Brought up to date with recent cases and developments in the law as it stands at July 2000, this new edition: takes full account of the effects of the Housing Grants, Construction and Regeneration Act 1996, the Arbitration Act 1996, the Contracts (Rights of Third Parties) Act 1999 and the changes in the legal system brought about by the Woolf reforms includes extended coverage of financial protection, construction insurance and tendering controls, as well as the Construction (Design and Management) Regulations has been revised to take account of changes to the common standard-form contracts, particularly the New Engineering Contract and the GC/Works family of contracts. Retaining the same basic approach as its successful predecessors, this important text introduces the general principles that underlie contracts in construction, illustrating them by reference to the most important standard forms currently in use.


Construction Contracting

Construction Contracting

Author: Richard H. Clough

Publisher: John Wiley & Sons

Published: 2015-03-04

Total Pages: 688

ISBN-13: 1119019974

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The definitive contracting reference for the construction industry, updated and expanded Construction Contracting, the industry's leading professional reference for five decades, has been updated to reflect current practices, business methods, management techniques, codes, and regulations. A cornerstone of the construction library, this text presents the hard-to-find information essential to successfully managing a construction company, applicable to building, heavy civil, high-tech, and industrial construction endeavors alike. A wealth of coverage on the basics of owning a construction business provides readers with a useful "checkup" on the state of their company, and in-depth exploration of the logistics, scheduling, administration, and legal aspects relevant to construction provide valuable guidance on important facets of the business operations. This updated edition contains new coverage of modern delivery methods, technology, and project management. The field of construction contracting comprises the entire set of skills, knowledge, and conceptual tools needed to successfully own or manage a construction company, as well as to undertake any actual project. This book gives readers complete, up-to-date information in all of these areas, with expert guidance toward best practices. Learn techniques for accurate cost estimating and effective bidding Understand construction contracts, surety bonds, and insurance Explore project time and cost management, with safety considerations Examine relevant labor law and labor relations techniques Between codes, standards, laws, and regulations, the construction industry presents many different areas with which the manager needs to be up to date, on top of actually doing the day-to-day running of the business. This book provides it all under one cover – for the project side and the business side, Construction Contracting is a complete working resource in the field or office.


Construction Contract Law

Construction Contract Law

Author: John Adriaanse

Publisher: Bloomsbury Publishing

Published: 2017-09-16

Total Pages: 797

ISBN-13: 1350306339

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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


Construction Contract Preparation and Management

Construction Contract Preparation and Management

Author: Geoff Powell

Publisher: Bloomsbury Publishing

Published: 2016-03-18

Total Pages: 588

ISBN-13: 1350306347

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This practical, user-friendly textbook starts at the beginning of construction projects and makes important connections between stages, accompanied by helpful illustrations and real-life industry examples. Contracts and agreements underpin the whole construction industry, and yet many graduates and young professionals do not realise just how important they are. Misunderstandings and mistakes can be extremely expensive and cause considerable delay. The textbook provides extensive explanation of the most commonly used forms of contract, an introduction to the general principles of contracts, and the implications of contract law and negligence as they affect the construction professional. Written by an author with extensive previous industry experience before he became a lecturer, this text is aimed at students of Contract Management/Procedures at both undergraduate and postgraduate level on both Civil Engineering and Construction courses. It is also helpful for starting professionals. New to this Edition: - Often-overlooked aspects of NEC contracts such as contractor design - Coverage of NEC ECC 2013, JCT 2011, CDM 2015 and the revised Public Contracts Regulations 2015 - More extensive advice on money, time and programmes and their importance


Using and Understanding Engineering Service and Construction Contracts

Using and Understanding Engineering Service and Construction Contracts

Author: John R. Clark

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 314

ISBN-13: 1468473107

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1. HISTORICAL BACKGROUND In the late 1950s many members of the design professions-Engineers as well as Ar chitects-became concerned about their exposure to claims for professional malprac tice and particularly about the increasing number of claims that had been successfully brought against them arising out of their Construction Phase activities. This led to special studies sponsored by the American Institute of Architects and the Engineers joint Counsel. The outcome was twofold: the development of a policy of professional liability insurance to insure Engineers and Architects against errors and omissions in the performance of their professional services, and the review and development of the customary contractual arrangements defining the design profeSSional's undertakings vis a vis his client (the Owner), the Project to be designed, and the Contractor who was to implement that design. At the outset, the AlA's Owner-Architect Agreement (No. B131), General Conditions (No. A201) and the Owner-Contractor Agreements (Nos. A101 & 111) were the documents most frequently used by design professionals, and these received particular attention. In the early 1960s it became apparent that there was a need for a separate series of documents prepared to address these relationships when the Project to be designed involved primarily engineering considerations. The number of Projects for which the Engineer was employed by the Owner as the prime professional to handle the Project design and construction administration was increasing.