Download or read book Contractual Duties written by Andrew Tettenborn and published by . This book was released on 2012 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title offers a high level analysis of the law relating to the termination of contracts. It offers new and authoritative insights into how to proceed when contracts are beached or break down.
Download or read book Termination of Construction and Design Contracts written by Michael T. Callahan and published by Wolters Kluwer. This book was released on 2009-01-01 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction and design contracts increasingly contain provisions giving one or both parties the power to terminate the contract. Given that contracts are not always clear on the interrelationship between the termination provisions and the law, this unique resource provides the insight and information you need to interpret contracts and enforce key clauses to your clientand’s advantage. Termination of Construction and Design Contracts enables you to handle even the most complicated terminations and suspensions. With this latest addition to Aspen Publishersand’ respected Construction Red Book Series, youand’ll be able to: Negotiate and draft appropriate termination clauses in project contracts Benefit from expert analysis of current case law Master the subtle differences between different types of termination and—and know when each applies Identify all the potential remedies for the terminated contractor whether justified or wrongful Understand and enforce the duty to mitigate Identify and apply the different immunities Accurately value the costs involved in termination Determine what constitutes default and the grounds for a default termination Define the contractorand’s, ownerand’s, and designerand’s right to suspend work Termination of Construction and Design Contracts provides complete and comprehensive analysis of all the issues surrounding contract termination and the suspension of construction and design projects. Covers the legal and practical details of termination from every partyand’s perspective: Public Owners Private Owners Contractors Subcontractors Sureties
Download or read book Problems of Contract Termination written by United States. Congress. Senate. Committee on Military Affairs. Subcommittee on Contract Termination and published by . This book was released on 1943 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Termination for Breach of Contract written by John E. Stannard and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive and detailed treatment of termination as a remedy for breach of contract, this book gives a current account of the law and explains this complex area in a practical context. The book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. Breach is defined in terms of a failure, without good excuse, to perform an obligation under the contract, and the various aspects of this definition are explained in the light of the relevant authorities. In the following chapter in the section, termination is defined in terms of an election by the promisee, in consequence of a breach by the promisor, to claim discharge from his or her own primary obligations under the contract. This process, which can also be seen as a major contractual remedy in its own right, is distinguished from other processes with which it has a close relationship, most notably the right to withhold performance and discharge under the doctrine of frustration. The third section addresses the question when the right to terminate for breach arises. The law gives two answers to this question - when the term broken is classified as a 'condition' or when a 'fundamental' breach has occurred. The nature of a 'condition' in this sense is explained, and the criteria for identifying when a term should be classified as such is set out. Similarly, the criteria for identifying a fundamental breach is discussed, as is the difficult relationship between the concepts of fundamental breach and repudiation and the doctrine of anticipatory breach. The fourth and final section considers the consequences of the promisee's election whether to terminate or not. In this section the legal effects of termination with regard to the obligations and remedies available to the promisee and the promisor, and also its effect on the application of other terms in the contract such as exemption clauses, are analysed. The measure of damages available to the promisee following termination, most notably damages 'on the footing of repudiation' or damages for 'loss of the bargain' is also considered here alongside other general principles governing damages in this context. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.
Download or read book Chinese Contract Law Theory Practice Second Edition written by Mo Zhang and published by BRILL. This book was released on 2019-12-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.
Download or read book The 2017 FIDIC Contracts written by William Godwin and published by John Wiley & Sons. This book was released on 2020-02-19 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a clear and comprehensive guide to the 2017 FIDIC contracts—written by a member of the FIDIC Updates Task Group FIDIC contracts are the most widely used engineering standard form contracts internationally but until 2017 the three main forms (the Red, Yellow and Silver Books) had not been amended or updated for nearly two decades, since the first editions were published in 1999. Written by a specialist lawyer who was member of the FIDIC Updates Task Group responsible for writing the new contracts, this book examines in detail the many substantial changes they have introduced. After providing an overview the contracts are examined clause by clause with the aim of showing how each compares and contrasts with the others and how the second editions compare and contrast with the first. The first chapter describes how the Red, Yellow and Silver Books evolved from earlier contract forms and the distinctive characteristics of each, before providing an overview of the updates, including new potential risks for both Employer and Contractor, and then examining, in the second chapter, key general provisions such as the new rules on notices and limitation of liability. Chapter 3 examines the enhanced role of the Engineer in the Red and Yellow Books/Employer’s Representative’s function in the Silver including the new procedure for determinations as well as the Employer’s obligations and contract administration. The Contractor’s obligations are considered in chapter 4 while chapter 5 examines his responsibility for design in the Yellow and Silver Books. Chapters 6 to 14 deal respectively with plant, materials and workmanship and staff and labour; time-related provisions in the three contracts including extensions of time, and the Employer’s right to suspend the works; testing on and after completion and the Employer’s taking over of the works; defects after taking over, acceptance of the works and unfulfilled obligations; measurement (in the Red Book), the Contract Price and payment; the new variations regime and adjustments to the Price; termination and suspension; care of the works and indemnities and Exceptional Events (previously, Force Majeure). An important feature of the new contracts is their increased emphasis on clarity in the claims process and on dispute avoidance. These topics are examined in the final two chapters, 15 and 16, which deal respectively with the new claims and dispute resolution provisions of the 2017 forms. FIDIC contracts are the most widely used standard forms of contract for international engineering and construction projects Provides a clear and comprehensive guide to the 2017 FIDIC Red, Yellow and Silver Books Written by a senior specialist lawyer and member of the FIDIC 2017 Updates Task Group responsible for writing the new contracts Accessible to those with little or no familiarity with FIDIC contracts The 2017 FIDIC Contracts is an important guide for anyone engaged in international projects, including employers, contractors, engineers, lawyers, suppliers and project financiers/sponsors.
Download or read book A History of War Contract Terminations and Settlements written by United States. Office of Contract Settlement and published by . This book was released on 1947 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Termination Guide for Prime and Subcontractors written by Research Institute of America, inc and published by . This book was released on 1944 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Doing Business in China For Dummies written by Robert Collins and published by John Wiley & Sons. This book was released on 2011-02-10 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Navigate China's business culture and etiquette The fun and easy way to grow your business in China This authoritative, friendly guide covers all the basics, from the nuts and bolts of Chinese business and bureaucracy to negotiating with your Chinese partners. You'll also get the know-how you need to manage day to day, from travel tips and advice on converting money to getting past language barriers. Discover how to: * Understand Chinese markets * Develop a strong business plan * Find the right employees * Work with currency controls and the Chinese banking system * Sell and source in China Explanations in plain English * "Get in, get out" information * Icons and other navigational aids * Tear-out cheat sheet * Top ten lists * A dash of humor and fun
Download or read book Termination for Breach of Contract written by John Stannard and published by . This book was released on 2014 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a thorough analysis of termination as a remedy for breach of contract in English law. It provides definitions of breach and termination and answers key questions such as when the right to terminate for breach arises, and considers the consequences of the promisee's election whether to terminate or not.
Download or read book Defense Acquisitions Termination Costs are Generally Not a Compelling Reason to Continue Programs or Contracts That Otherwise Warrant Ending written by and published by DIANE Publishing. This book was released on 2008 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nation's long-term fiscal imbalances will likely make DOD's 1.6 trillion planned investment in new weapon systems unsustainable. Thus, it is critical that DOD retains the flexibility to end programs and contracts when necessary and appropriate. Although the federal government generally has the legal right to terminate contracts for convenience, defense stakeholders have sometimes expressed concerns that it will cost more to terminate a contract than to complete it. To address this perception, GAO examined (1) how expected contract termination costs and other factors affect DOD decisions on whether to end programs and contracts; (2) the circumstances under which it would cost more to terminate a contract for convenience than to complete it; and (3) the options DOD has for retaining value or reducing costs, when DOD ends programs or contracts. To do this, GAO examined DOD data on terminated contracts over $100 million; reviewed laws, regulations, and guidance; and met with key DOD officials. GAO recommends that DOD review, and as needed amend, guidance on terminations across the military services and DOD agencies to ensure that termination guidance identifies the conditions under which it is appropriate to end programs or contracts, and provides knowledge needed to use terminations as an investment portfolio tool. DOD agreed.
Download or read book Contract Termination written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1944 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Misrepresentation Mistake and Non disclosure written by John Cartwright and published by Sweet & Maxwell. This book was released on 2012 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.
Download or read book Problems of Contract Termination written by United States. Congress. Senate. Committee on Military Affairs and published by . This book was released on 1943 with total page 1108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Termination Financing for War Contractors written by United States. Office of Contract Settlement and published by . This book was released on 1944 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Problems of Contract Termination written by United States. Congress. Senate. Committee on Military Affairs. Subcommittee on Contract Termination and published by . This book was released on 1943 with total page 892 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Problems of Contract Termination written by United States. Congress. Senate. Committee on Military Affairs and published by . This book was released on 1943 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt:
