Download or read book Essentials of Contract Drafting and Negotiation for Construction Professionals written by Gary Soo and published by Hong Kong University Press. This book was released on 2022-04-11 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essentials of Contract Drafting and Negotiation for Construction Professionals is a practical and user-friendly guide to common practical contractual matters and is intended for construction professionals involved in contract drafting and negotiating. Knowing how to draft an effective contract is crucial in construction, particularly because of the complex and technical nature of construction projects. Divided into six chapters, this guide will enhance and refresh essential knowledge for lawyers and construction professionals who need to understand the principles of drafting and interpreting construction contracts, how to clearly identify and include key elements in these contracts, as well as how to avoid legal traps and pitfalls in contract negotiations and enforcement. ‘This book is timely given that many governments around the world are boosting their construction industry as part of greater economic development plans. Effective negotiation and the careful drafting of contracts are critical to minimizing risks. This book takes a practical and pragmatic approach to analysing statutory and legal precedents. It will doubtlessly assist readers in understanding the guiding principles from contract drafting to implementation.’ —Christopher To, barrister-at-law, Gilt Chambers ‘This book on contract drafting and negotiation is written in simple language. It is the product of a number of experts who specialize in relevant areas, and is edited by a very experienced construction barrister and a renowned practitioner in real estate and construction. The book will surely be a valuable reference for construction and legal practitioners and also students in the relevant disciplines.’ —Leung Hing Fung, professor of practice (arbitration and dispute resolution), Department of Real Estate and Construction, University of Hong Kong

Download or read book Construction Contract Law written by John Adriaanse and published by Bloomsbury Publishing. This book was released on 2017-09-16 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book National Institute on International Construction Contracts Essential Elements for Drafting and Negotiation written by and published by . This book was released on 1987 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Understanding and Negotiating Construction Contracts written by Kit Werremeyer and published by John Wiley & Sons. This book was released on 2023-07-19 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book International Construction Contracts written by American Bar Association. Section of International Law and Practice and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fundamentals of Managing Construction Contracts written by Steven Smith, PH D and published by Independently Published. This book was released on 2023-09-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamentals of Managing Construction Contracts This book provides a comprehensive discourse on contract management, addressing the fundamentals of managing construction contracts and key principles of construction contract administration. It covers a wide range of topics, including: Construction contract management Contract formation and documentation Contract administration Stakeholder management Budgeting and cost control Contract negotiation and drafting Contract dispute resolution Legal and regulatory compliance Risk management in construction contracts Project closeout and evaluation Technology and tools in contract management This material is a valuable resource for construction professionals who want to improve their contract management skills and construction students who desire to deepen their understanding of contract management. Why You Should Buy This Book The book provides practical insights and easy-to-use tools that construction stakeholders can leverage for effective construction contract management and administration.

Download or read book Handbook of Contract Management in Construction written by Ali D. Haidar and published by Springer Nature. This book was released on 2021-06-10 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the process and principles of contract management in construction from an international perspective. It presents a well-structured, in-depth analysis of construction law doctrines necessary to understand the fundamentals of contract management. The book begins with an introduction to contract management and contract law and formation. It then discusses the various parties to a contract and their relevant obligations, whether they are engineers, contractors or subcontractors. It also addresses standard practices when drafting and revising contracts, as well as what can be expected in standard contracts general clauses. Two chapters are dedicated to contract clauses, with one focused on contract administration such as schedules, payment certificates and defects liability, and the other focused on contract management, such as terminations, dispute resolutions and claims. This book provides a useful reference to engineers, project managers and students within the field of engineering and construction management.

Download or read book The Contract Negotiation Handbook written by Stephen Guth and published by Lulu.com. This book was released on 2007-12-20 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many books have been written on negotiation tactics and a few books have been written on contract drafting, but no book has combined the two disciplines into one-until now. Resulting from over 10 years of actual negotiation experience as both buyer and seller, author Stephen Guth offers insight into a world of negotiations and contracts that few ever see. This book isn't a feel-good book on win-win negotiations. It's an insider's view into real life negotiation tactics and ploys. Readers will learn how to use negotiation tactics such as the Columbo, the Price Slice and Dice, and the Signature Limit Lasso. Readers will also learn how to spot and counter vendor ploys such as the Pop-Tart, Mirroring, and the Only Game in Town. To put it all together, readers are instructed on contract drafting tricks such as Expressly Implied Warranties, the Endless Indemnification, and the Unlimited Limitation of Liability. Readers will never look at contracts the same way again.

Download or read book Drafting Effective Contracts A Practitioner s Guide 3rd Edition written by Dodd, Feldman, Nimmer and published by Wolters Kluwer. This book was released on 2019-12-17 with total page 2300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The professional's favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process --from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contract-- giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract process--from conducting the initial client meeting to closing the deal. You'll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how they're assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements --such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then you'll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.

Download or read book Essentials of Contract Law for Construction Students and Professionals written by Wazir Khan and published by Independently Published. This book was released on 2018-12 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is important and advisable for parties entering into any significant economic transaction to enter into written contracts. This is especially true for construction projects which are complicated and complex in nature. It is very important for construction professionals to understand contract law as a contract on a construction project sets forth the parties' obligations to each other and determines how risks will be shared or divided on the project. In recent years numerous books have been published on the law of contracts, but most of them are written aiming for the legal professionals and students and devoid of serving the needs of the construction industry both nationally and international. In this book an effort is made to serve the needs of construction students and professionals. The book consists of 13 Chapters and supported with Bibliography.Chapter 1 consists of Introduction on the subject. Chapter 2 consists of Formation of a Contract. Chapter 3 consists of Consideration. Chapter 4 consists of Intention to Create Legal Relations. Chapter 5 consists of Capacity to Form a Contract. Chapter 6 consists of Contents of a Contract. Chapter 7 consists of Privity Of Contract. Chapter 8 consists of Discharge of Contracts. Chapter 9 consists of: Contracts Remedies. Chapter 10 consists of Types Of Construction Contracts. Chapter 11 Consists of Formation Of Construction Contract. Chapter 12 consists of Some Key Premises Of A Construction Contract. Chapter 13 consists of Summary And Conclusion. The Book is supported with Bibliography.

Download or read book Workshop Study Guide written by Dondi M Day and published by . This book was released on 2024-07-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive workshop and study guide is designed to enhance professionals' understanding of contract principles and their practical application in project management. This study guide is an invaluable resource for project managers and executives seeking to master contract management and achieve successful project outcomes in the construction industry. Topics Covered: Fundamentals of Contract Language and Risk Reduction Notices, Waivers, and Change Orders Documentation Best Practices for Claims Prevention and Defense Project Documentation, Control, and Event Documentation Navigating Subcontractor Claims and Disputes Understanding Agreements, Managing Performance, Resolving Disputes, and Protecting Against Claims Effective Communication and Relationship Management for Successful Subcontract and Procurement Outcomes Building Strong Relationships, Holding Effective Meetings, Defining Roles and Responsibilities, Fostering Open Communication, and Promptly Resolving Issues Preparing, Drafting, and Defending Claims Key Features: Real-World Case Studies Practical Exercises Analyzing Contract Disputes Applying Legal Principles Developing Effective Resolution Strategies This invaluable resource is ideal for project managers and executives seeking to master contract management and achieve successful project outcomes in the construction industry.

Download or read book The Application of Contracts in Engineering and Construction Projects written by Donald Charrett and published by CRC Press. This book was released on 2018-07-04 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an engineer and construction lawyer with many years of experience, The Application of Contracts in Engineering and Construction Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. Compiling papers written and edited by the author, it draws together a lifetime of lessons learned in these fields and covers the topics a practicing professional might encounter in such a project, developed in bite-sized chunks. Key topics included are: the engineer and the contract; the project and the contract; avoidance and resolution of disputes; forensic engineers and expert witnesses; and international construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into, and the consequences that may ensue if this is not done, makes The Application of Contracts in Engineering and Construction Projects essential reading for construction professionals, lawyers and students of construction law.

Download or read book Alternative Clauses to Standard Construction Contracts written by Nick Jones and published by Wolters Kluwer. This book was released on 2009-01-01 with total page 1268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there have been many changes to the construction industry's standard form contracts, including the American Institute of Architects (AIA) and Engineer Joint Contract Documents Committee (EJCDC) documents. Additionally, a new family of contract documents, known as Consensus DOCS was created by agreement among various construction contractor, subcontractor, owner, and surety trade associations" " "Alternative Clauses to Standard Construction Contracts, Third Edition" provides instant access to amendments to AIA, AGC, EJCDC and Consensus DOCS for owners, architects and contractors. This unique resource covers all major documents in use throughout the construction industry and enables you to compare between the different documents. It delivers practice-proven amendments clause-by-clause. It tells you specifically what to insert and delete in order to reach the ends your client desires. And it goes so deep, it even covers contractors amendments for agreements with subcontractors. While it is absolutely essential to stay current with these standard agreements, it is imperative that everyone involved in negotiating and drafting construction contracts also have access to practice-proven modifications that strengthen the language on behalf of clients. If the other parties to your agreement have access to this book--and you don't--you're placed at a significant disadvantage every step of the way. Let the experts from Smith, Currie & Hancock provide you with invaluable support when negotiating or drafting construction contracts.

Download or read book Construction Contracts written by Keith Collier and published by Prentice Hall. This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exploration of the basics of contracts as applied to the construction industry focuses 1) upon the different types of contracts and their fundamentals as they apply to, and affect, owners, contractors, designers, subcontractors, suppliers, etc., 2) on the impact of information technology on contracts and contracting, and 3) on the effect of contracts on the management, administration, and the costs of construction work. Using the published standard forms of construction contracts as models and guides, it helps readers develop an understanding not only of the contract process in general, but also why one type of contract should be used rather than another in a given situation. The Nature of Contracts. Construction Contracts. Stipulated-Sum Contracts. Cost-Plus-Fee Contracts. Unit-Price Contracts. Contracts with Quantities. Subcontracts and Supply Contracts. Arrangements of Contracts for Construction. Design-Build Contracts. Documents for Contracts. Bidding for Contracts. Negotiating Construction Contracts. Administration of Contracts. Claims and Disputes. Changes in the Work of Contracts. Contract Time. Completion of Contracts and Payments. The Uncovering and Correction of Work in Contracts. For construction practitioners; and also for members of the legal profession who want to see construction contracts from the standpoint of those directly involved in construction and who want to better understand why and how a construction contract should be designed for a particular project.

Download or read book Construction Insurance written by Stephen D. Palley and published by American Bar Association. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intersection between construction and insurance is an often overlooked, but essential consideration. This important resource is a perfect practice handbook for construction lawyers, written by practitioners with considerable expertise in both construction and insurance. This practical book provides overviews of individual construction insurance topic areas in each chapter, chosen because of their relevance to construction lawyers.

Download or read book Construction Contract Law written by John Adriaanse and published by Palgrave MacMillan. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an author with considerable business and academic experience in the field, this title covers the essential points of construction contract law in a concise and accessible manner. Suitable for both students and practitioners, the book covers topics including the application of contract law in practice.

Download or read book Essential Contract Drafting Skills written by Tiffany Kemp and published by . This book was released on 2013-04-17 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have you ever read a contract clause three times, and still been none the wiser about what it means? While consumer contracts are becoming more accessible, with companies employing more creative drafting and layout techniques, many business to business contracts remain stuck in the dark ages of legalese and Latin phrases.This book is for everyone who drafts and amends contracts. It will encourage you to focus on creating usable documents that meet essential business needs. By freeing you from the straitjacket of 'tested in court' terminology, it will inspire you to flex your creative muscles and draft clear, unambiguous and readable contracts.