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Book McKenzie s Law of Building and Engineering Contracts and Arbitration

Download or read book McKenzie s Law of Building and Engineering Contracts and Arbitration written by H. S. McKenzie and published by Juta and Company Ltd. This book was released on 2014 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to explain the law applicable to the updated Joint Building Contracts Committee (JBCC) Principle Building Agreement (6th edition, 2014) and the Engineering General Conditions of Contract for Construction Works (2nd edition, 2010), which are both annexed to the book and extensively cross-referenced to assist the reader. The book also cross-references the relevant clauses of the FIDIC Contract Agreement (1999). Disputes arising out of building contracts are often referred to arbitration for solution. This work therefore deals with the effect of the Arbitration Act 42 of 1965 and the Association of Arbitrators Standard Procedure Rules, which are also reproduced as annexures in the book.

Book Contract Law in South Africa

    Book Details:
  • Author : Louis F. van Huyssteen
  • Publisher : Kluwer Law International B.V.
  • Release : 2021-02-22
  • ISBN : 9403529334
  • Pages : 357 pages

Download or read book Contract Law in South Africa written by Louis F. van Huyssteen and published by Kluwer Law International B.V.. This book was released on 2021-02-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Africa covers every aspect of the subject-definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Book Mediation in the Construction Industry

Download or read book Mediation in the Construction Industry written by Penny Brooker and published by Routledge. This book was released on 2010-07-19 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of construction dispute procedures has changed dramatically over the years. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It also presents an international collection of reviews by experts.

Book Court Connected Construction Mediation Practice

Download or read book Court Connected Construction Mediation Practice written by Andrew Agapiou and published by Taylor & Francis. This book was released on 2016-11-10 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.

Book Guidelines for Mediation Under Construction Contracts

Download or read book Guidelines for Mediation Under Construction Contracts written by Association of Arbitrators (South Africa) and published by . This book was released on 1992 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book FIDIC Contracts in Africa and the Middle East

Download or read book FIDIC Contracts in Africa and the Middle East written by Donald Charrett and published by Taylor & Francis. This book was released on 2023-09-20 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project. FIDIC Contracts in Africa and the Middle East: A Practical Guide to Application provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are or can be used. This book closely follows the format of The International Application of FIDIC Contracts. Each jurisdiction features an outline of its construction industry and information on the impact of COVID-19 on both the execution and operation of construction contracts. This book is essential reading for construction professionals, lawyers and students of construction law.

Book AAA Handbook on Construction Arbitration and ADR   Second Edition

Download or read book AAA Handbook on Construction Arbitration and ADR Second Edition written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-10-01 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Book Arbitration on Building Contract Disputes

Download or read book Arbitration on Building Contract Disputes written by Donald James Golding and published by Melbourne : Master Builders' Association of Victoria. This book was released on 1970 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Law of South Africa

    Book Details:
  • Author : Willem Adolf Joubert
  • Publisher :
  • Release : 1977
  • ISBN : 9780409003321
  • Pages : pages

Download or read book The Law of South Africa written by Willem Adolf Joubert and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Smith  Currie and Hancock s Common Sense Construction Law

Download or read book Smith Currie and Hancock s Common Sense Construction Law written by Thomas J. Kelleher, Jr. and published by John Wiley & Sons. This book was released on 2014-12-22 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cut through the legalese to truly understand construction law Smith, Currie & Hancock's Common Sense Construction Law is a guide for non-lawyers, presenting a practical introduction to the significant legal topics and questions affecting the construction industry. Now in its fifth edition, this useful guide has been updated to reflect the most current developments in the field, with new information on Public Private Partnerships, international construction projects, and more. Readers will find full guidance toward the new forms being produced by the AIA, AGC, and EJDC, including a full review, comparison to the old forms, areas of concern, and advice for transitioning to the new forms. The companion website features samples of these documents for ease of reference, and end of chapter summaries and checklists help readers make use of the concepts in practice. The updated instructor support material includes scenario exercises, sample curriculum, student problems, and notes highlighting the key points student responses should contain. Construction is one of the nation's single largest industries, but its fractured nature and vast economic performance leave it heavily dependent upon construction law for proper functioning. This book is a plain-English guide to how state and federal law affects the business, with practical advice on avoiding disputes and liability. Understand construction law without wading through legal theory Get information on an emerging method of funding large-scale projects Parse the complexities presented by international and overseas projects Migrate to the new AIA, AGC, and EJDC forms smoothly and confidently This book doesn't cover legal theory or serve as a lawyer's guide to case law and commentary – its strength is the clear, unaffected common-sense approach that caters to the construction professional's perspective. For a better understanding of construction law, Smith, Currie & Hancock's Common Sense Construction Law is an efficient reference.

Book Arbitration

Download or read book Arbitration written by South African Law Commission and published by . This book was released on 1998 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Arbitration in South Africa

Download or read book Arbitration in South Africa written by Louis Oxley Pyemont Pyemont and published by . This book was released on 1914 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Construction Adjudication

Download or read book Construction Adjudication written by John Riches and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adjudication has been the main means of settling construction disputes since it was first introduced by the Housing Grants, Construction and Regeneration Act 1996, and a substantial body of case law has now built up. This book established itself as the key authority on adjudication when it was first published. It has now been revised to reflect the authors' experience of adjudication in practice and to cover the large number of court decisions. It features useful appendices on adjudication materials.

Book The Building Contract

Download or read book The Building Contract written by Eyvind Finsen and published by . This book was released on 2005 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1991 the JBCC Principal Building Agreement has been used almost exclusively in the building industry for projects in the private sector. Recently the State took the policy decision that it too would use these agreements subject to appropriate modification, and these modifications were incorporated in the March 2005 edition of the JBCC Principal Building Agreement. This edition of The Building Contract deals not only with the provisions of the Agreement as they are applied in State projects, but also how the Agreement, and its associated documents, is employed in conventional projects in the private sector. Innovations such as adjudication, the advance payment guarantee, and the Minor Works Agreement, are also discussed. The user is armed with knowledge of the nature of the contractual relationship and an understanding of the way in which the agreements are intended to regulate it. -- page 4 of cover.

Book Construction Contract Claims

    Book Details:
  • Author : Reg Thomas
  • Publisher : Bloomsbury Publishing
  • Release : 2020-10-16
  • ISBN : 1137520388
  • Pages : 320 pages

Download or read book Construction Contract Claims written by Reg Thomas and published by Bloomsbury Publishing. This book was released on 2020-10-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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