Download or read book Construction Disputes Seeking Sensible written by CLARK and published by London School of Economics and Political Science. This book was released on 2021-11-25 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects the author's fifty years' experience in international construction projects and the management and resolution of disputes. During those fifty years, Wayne Clark's aim has always been to guide parties towards sensible and clear communication, nurturing relationships and seeking early solutions to their differences. His primary goal is to help parties avoid unnecessary conflict - a theme that is clearly evident throughout this book. While two chapters are devoted to preparing construction claims to persuade a tribunal - and in so doing persuade the other side to reach an amicable settlement - the book covers a much wider scope: from the building owner's dream through to the contractor handing over the completed project, wise contract administration, settlement negotiations, the third-party resolution process and, finally, arbitration. During each of these stages, the theme is for the parties to continually seek ways to resolve their differences. The book also introduces the idea of the 'shadow arbitrator', who, if commissioned early in the dispute process, can guide parties and legal counsel to prepare claims and arbitral pleadings that will persuade a tribunal - and encourage the parties to find sensible solutions.
Download or read book The Law of Construction Disputes written by Cyril Chern and published by Taylor & Francis. This book was released on 2019-09-17 with total page 1081 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.
Download or read book Mediation of Construction Disputes written by David Richbell and published by John Wiley & Sons. This book was released on 2009-01-21 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written for users of mediation, whether they be a party, an advisor or an expert. It should also be of help to commercial mediators who have no specialism in construction. Its aim is to encourage confidence in the mediation process and to ensure that those who do use mediation to resolve their disputes do so effectively and so are able to maximise the opportunities that mediation offers.
Download or read book Causation and Delay in Construction Disputes written by Nicholas J. Carnell and published by John Wiley & Sons. This book was released on 2008-08-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building contract claims for more time on projects represent one of the largest sources of dispute within the industry. However, identifying the causes of delays, and the effects they have on the project, is often difficult and the burden on the party seeking to prove delay is a heavy one. This book provides the construction professional with an analysis of how construction projects become delayed, the practical measures which can be taken to avoid such delays, and how the parties can protect their positions in the face of delays. It goes on to look at the requirements for producing a successful claim. It provides a straightforward guide to the legal issues, and also considers how the effects of delays can most practically be addressed. The Second Edition takes account of new case law since 1999, and has new sections on adjudication, risk allocations and the Society of Construction Law Delay Protocol. Very well received when it was first published, the book is aimed particularly at contractors, project managers and senior surveyors, but will also be of interest to construction lawyers.
Download or read book Construction Checklists written by Eric A. Berg and published by American Bar Association. This book was released on 2008 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Construction Disputes written by Robert F. Cushman and published by Wolters Kluwer. This book was released on 2001-01-01 with total page 868 pages. Available in PDF, EPUB and Kindle. Book excerpt: In compiling the third and entirely revised edition of Construction Disputes: Representing the Contractor, the editors have sought out as specialists in their field: contributing authors who are not only experienced in resolving construction disputes but also known and respected for their expertise in specific critical areas commonly encountered in construction litigation. Although intended primarily to assist attorneys, this book also provides a useful desk reference for anyone whose activities touch on long-term contract matters and gives individual contractors a better understanding of how their actions may affect this increasingly important part of operations.
Download or read book Best Practice in Construction Disputes written by Paula Gerber and published by . This book was released on 2013 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
Download or read book The Law of Construction Disputes written by Cyril Chern and published by CRC Press. This book was released on 2013-11-07 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Construction Disputes covers the construction dispute process by analysing the main areas that can lead to disputes and how to effectively deal with them once they have arisen. The book combines theory and practice along with exact excerpts of the leading case decisions covering the entire spectrum of construction law and the disputes that arise.
Download or read book Avoiding or Minimizing Construction Litigation written by Jonathan J. Sweet and published by John Wiley & Sons. This book was released on 1993-03-10 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enables non-attorneys in the construction industry to understand how the construction process and law interact in order to resolve disputes without going to court. Analyzes specific issues concerning contracts, subcontracting, tort claims, insurance and bonds. Recommends strategies for avoiding or terminating litigation if a claim arises. Includes actual case studies and a complete reference of relevant AIA, EJCDC and NSPE documents.
Download or read book Construction Disputes written by Thomas J. Kelleher and published by Wolters Kluwer. This book was released on 2002-01-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.
Download or read book Discovery Deskbook for Construction Disputes written by Buckner Hinkle and published by . This book was released on 2006 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insurance Coverage of Construction Disputes written by Scott C. Turner and published by McGraw-Hill Companies. This book was released on 1992-01-01 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Conflict in Construction written by Jeffery Whitfield and published by John Wiley & Sons. This book was released on 2012-07-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction projects are beset with disputes. In 1960 around 250 writs were issued relating to construction disputes. Within 30 years this number increased five-fold, and in the 20 years since then the number of disputes has not fallen. Some disputes are significant, others are quite minor, but most could probably be avoided. Disputes originate in disagreements or conflict between individuals, which if addressed early, can prevent escalation into situations that are difficult, expensive and time consuming to resolve. Conflicts in Construction deals with all types of conflict but concentrates on the conflicts that lead to disputes in construction projects. The book shows the reader how to avoid, manage and resolve conflicts before they become serious disputes. The first edition of Conflicts in Construction was read widely and saved many individuals and companies from falling into intractable disputes. The second edition, fully updated, forms the base content for the Hill/ Knowles seminar series on conflicts, delivered around the globe by the author, and will be an important read for everyone employed in the construction industry.
Download or read book Preparing Construction Claims written by Stephen C. Hall and published by John Wiley & Sons. This book was released on 2020-04-06 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides tools and techniques required to research and prepare a contractual construction claim This book guides readers through the techniques and approach for properly preparing a construction contract claim and seeing it through. It teaches them how to gather all the facts in order to present arguments concisely, clearly, and forcefully. It focuses on the practical issues of how to research and present a contract claim—whether it be for additional time, prolongation costs, disruption, or revised rates and prices for work due to some changed circumstance affecting construction. Aimed at those who need to prepare a claim, but just as helpful to those defending one, Preparing Construction Claims offers chapter coverage on everything about planning and programming—the methods for assessing them, as well as regular and computerized techniques. The book covers time chainage/line of balance; bar charts, common sense evaluation techniques; and relevant clauses that all contracts contain. Readers will learn about standard forms and common deviations and modifications made by employers. They’ll also be taught how to establish the entitlement to make a claim from the contract and then shown what to do next. In addition, the book teaches them what to do when their records are insufficient; how to resolve a dispute; and much more. A clear and comprehensive, step-by-step guidebook for researching and preparing contractual construction claims Includes worked examples of certain types of claims to help readers comprehend the process Beneficial to both sides of a claim—teaching each how they should approach one Preparing Construction Claims is an essential “how to” manual for contractors, subcontractors, and consultants worldwide dealing with all manner of construction disputes and claims preparation.
Download or read book The Expert Witness in Construction Disputes written by Michael P. Reynolds and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings. The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert arises where the parties can save time and money. There is greater flexibility in arbitration under the Arbitration Act 1996 and a need for expert evidence in the statutory process of adjudication. This book takes account of all these changes, taking the expert stage by stage through his or her duties, from the investigation, preparation and exchange of expert reports, disclosure of documents, the importance of different types of evidence, to preparation for the hearing itself and the giving of oral evidence. The appendices feature appropriate references to the Civil Procedure Rules, guidelines for experts, protocols and other materials of practical interest. Throughout, reference is made to relevant case law.
Download or read book Claims Disputes and Litigation Involving BIM written by Jason M Dougherty and published by Routledge. This book was released on 2015-06-12 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are you unsure about: the current US legal environment with respect to BIM and VDC? the evolving standards of care for design and construction professionals using BIM and VDC? what practical methods and techniques can be used for analyzing construction claims and disputes involving BIM technologies and VDC processes? Building Information Modeling (BIM) technologies and Virtual Design and Construction (VDC) processes are aggressively and fundamentally changing the design, construction and operation of buildings. Supporters of BIM have highlighted the potential these technologies have to reduce the need for claims, disputes and litigation, but evidence from several early sources shows they are not universally successful in this. This timely and unique book provides crucial new methods for analyzing construction disputes in this emerging AEC technological landscape. It explains how BIM & VDC has significantly altered the production and delivery of construction drawings, quantity surveys, and schedules, and how these changes might impact construction disputes. The findings and advice in this book are indispensable to any stakeholder in a construction project using BIM. It will help Contractors, Cost Managers, Architects, Building Designers, Quantity Surveyors, and Project Managers to navigate and understand their responsibilities and exposure to risk when working with this new technology.
Download or read book Transnational Construction Arbitration written by Renato Nazzini and published by Taylor & Francis. This book was released on 2017-12-06 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.
