Download or read book Demand Guarantees in the Construction Industry written by Karl Marxen and published by . This book was released on 2018 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Demand Guarantees in the Construction Industry written by Karl Marxen and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Demand Guarantees written by Thanuja Rodrigo and published by . This book was released on 2015-06-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Demand Guarantees: Operation, Enforcement and the Autonomy Principle explains both the practical use and theoretical aspects of demand guarantees. It examines the fundamental principle of autonomy upon which demand guarantees operate in international trade and construction projects. Format: Paperback Once published, this title will also be available in eBook format. [eISBN: 9780409341331] Drawing upon the contractual doctrine of freedom of contract and public policy reasons justifying the judicial intervention in the enforcement of demand guarantees, this book considers the extent to which judicial intervention, through exceptions to the principle of autonomy, can be recognised and justified. The author provides a comparative examination of the relevant legal position in Australia, the United Kingdom, Singapore, Malaysia, India and Sri Lanka, with detailed analysis of the extracts from leading cases and the International Chamber of Commerce Uniform Rules for Demand Guarantees (URDG 758). It provides an ideal resource for practitioners and students in the field of international trade law or construction contracts. The key topics covered include: oÂeo the principle of autonomy oÂeo the fraud exception oÂeo the unconscionability exception oÂeo interim injunctions oÂeo justifications for judicial intervention Features oÂeo Comprehensive discussion of fraud and unconscionability as exceptions to the autonomy of demand guarantees oÂeo Identifies the requirements for granting interim injunctions restraining fraudulent and unconscionable demands oÂeo Provides policy and theoretical justifications for judicial intervention in the enforcement of demand guarantees. oÂeo Includes comparative analysis of recent legal developments in Australian, England, Singapore, Malaysia, India and Sri Lanka. Related LexisNexis Titles Mo, International Commercial Law, 5th edition, 2012
Download or read book Letters of Credit and Demand Guarantees Defences to Payment written by Deborah Horowitz and published by Oxford University Press. This book was released on 2010-06-10 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to provide an extensive analysis of the range of defences to payment under letters of credit and demand guarantees. It considers the extent to which different defences undermine the abstraction of these instruments. This is a fundamental issue, since letters of credit and demand guarantees are designed to be abstract, or autonomous, from the underlying contract that called for their use. The purpose of that abstraction is to provide certainty of payment, but the various defences diminish that certainty. The book examines the spectrum of defences that are frequently litigated and debated in international practice: fraud in the documents, nullity, fraud affecting deferred payment letters of credit, fraud as no honest belief, unconscionable conduct and illegality. Vitally, the book provides analysis of the relevant judicial decisions and offers clear practical guidance on which defences are most suitable for each instrument. As the instruments are heavily used in international trade, this work is particularly suited to financial and commercial law practitioners who draft agreements, as well as those who advise on disputes concerning these instruments. Accessible and engaging, the book is also relevant for academics and students.
Download or read book Multi Party and Multi Contract Arbitration in the Construction Industry written by Dimitar Kondev and published by John Wiley & Sons. This book was released on 2017-01-23 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.
Download or read book Guide to ICC Uniform Rules for Demand Guarantees URDG 758 written by Georges Affaki and published by . This book was released on 2011 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Construction Contracting written by Stuart H. Bartholomew and published by Pearson. This book was released on 2002 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: For courses in Construction Management, Construction Law, and Construction Claims. Exceptionally practical and authoritative, this introduction to construction contracting as it applies to typical, every-day situations explains "theoretical" ideas in terms of what really happens in practice. It emphasizes the more common case law holdings and industry customs that help avoid troublesome legal issues during the completion of a project.
Download or read book Mitigating the Risk of Unfair Demands Under On demand Guarantees in the Export and Construction Industries in Sri Lanka written by Thanuja Rodrigo and published by . This book was released on 2012 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hospitality Construction Disputes Post Covid written by Steven Shapiro and published by BRILL. This book was released on 2023-11-20 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The hospitality and construction industries are international economic drivers, with complex economic relationships and diverse legal issues. Cases and rulings are not static and move along a continuum in time and context. The evolution of legal agreements and disputes in hospitality and construction are not confined to any sort of strict schedule. This volume addresses the many cases and experiences of parties, counsel and arbitrators during the pandemic, and discusses issues such as key contract provisions, the impact of the COVID pandemic on investment treaties, and access to arbitral institutions.
Download or read book Guide to Construction Arbitration written by Stavros Brekoulakis and published by Law Business Research Ltd.. This book was released on 2017-09-12 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Arbitration Review's The Guide to Construction Arbitration - edited by Stavros Brekoulakis and David Brynmor Thomas - takes the reader through the essential details of preparing, mitigating and managing construction disputes internationally. These include preparing contracts and guarantees, setting up dispute boards, organising proceedings in arbitrations, analysing documents and evidence and navigating within particular industries and regions. With contributions from the world's leading experts, the Guide is organised into 4 sections: I. International Construction Contracts II. International Arbitration for Construction Disputes III. Select Topics on Construction Arbitration IV. Regional Construction Arbitration.
Download or read book Financial Protection in the UK Building Industry written by Patricia Hillebrandt and published by Routledge. This book was released on 2002-11 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the legal and economic background to the problem of providing financial protectionto clients to guard against poor performance and/or insolvency of contractors, consultants and sub-contractors.
Download or read book Understanding the FIDIC Red Book written by Jeremy Glover and published by Sweet & Maxwell. This book was released on 2011 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an explanation of Internet law and regulation, this title addresses key areas of contention, such as copyright, cash transactions, product liability, advertising, defamation and data protection. It also includes coverage of the UK implementation of the E-Commerce Directive and the E-Signature Directive, and the Gambling Act 2005.
Download or read book Contractual Procedures in the Construction Industry written by Allan Ashworth and published by Routledge. This book was released on 2018-03-13 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contractual Procedures in the Construction Industry 7th edition aims to provide students with a comprehensive understanding of the subject, and reinforces the changes that are taking place within the construction industry. The book looks at contract law within the context of construction contracts, it examines the different procurement routes that have evolved over time and the particular aspects relating to design and construction, lean methods of construction and the advantages and disadvantages of PFI/PPP and its variants. It covers the development of partnering, supply chain management, design and build and the way that the clients and professions have adapted to change in the procurement of buildings and engineering projects. This book is an indispensable companion for students taking undergraduate courses in Building and Surveying, Quantity Surveying, Construction Management and Project Management. It is also suitable for students on HND/C courses in Building and Construction Management as well as foundation degree courses in Building and Construction Management. Key features of the new edition include: A revised chapter covering the concept of value for money in line with the greater emphasis on added value throughout the industry today. A new chapter covering developments in information technology applications (building information modelling, blockchains, data analytics, smart contracts and others) and construction procurement. Deeper coverage of the strategies that need to be considered in respect of contract selection. Improved discussion of sustainability and the increasing importance of resilience in the built environment. Concise descriptions of some the more important construction case laws.
Download or read book Bank Guarantees in International Trade written by Roeland F. Bertrams and published by Kluwer Law International B.V.. This book was released on 2013-01-06 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, this remarkable book – now in its updated fourth edition – has served practitioners in international trade and banking law as a thorough ‘codification’ of the law and practice of bank guarantees. The new edition has been thoroughly revised, updated, and amended in the light of new developments in the law and changing patterns in practice. Bertrams uses case law, arbitral decisions, and legal writing from five European jurisdictions – The Netherlands, Germany, France, Belgium, and England – to build an analysis of how the practical applications of bank guarantees have established a pattern of law. The new edition takes into account all legal and arbitral decisions and relevant legal writing through 2012 from these countries, as well from other European countries and the United States. Written from a transnational perspective, Bank Guarantees in International Trade can be used in both civil and common law jurisdictions and it has been cited as an authoritative source of case law in several jurisdictions from each system. With reference throughout to the effect and significance of the Uniform Rules for Demand Guarantees (URDG) of the International Chamber of Commerce, International Standby Practices (ISP), and the UNCITRAL Convention on Independent Guarantees and Stand-by Letters of Credit, the author continuously elucidates the way guarantees function in actual practice and the numerous practical aspects and issues to which they give rise. The analysis covers the following subjects and much else: types of guarantee (tender, performance, maintenance, repayment, retention); payment mechanisms (first demand, third-party documents, arbitral or court decision); risks and negotiations, drafting and clauses; bank guarantees as a financial service, the bank’s perspective; direct and indirect guarantees, counter-guarantees; formation, enforceability of expiry dates, assignment and transfer; demand for payment and the rule of strict compliance; fraud and restraining orders; applicable law and jurisdiction; reference to URDG 2010 revision and ISP98 throughout the text. In addition to his thorough coverage of law and legal writing, the author has drawn on intensive contacts with the banking community, construction firms, export credit insurance companies, and local lawyers. His insight into ‘the daily life’ of the world of independent (first demand) guarantees and the practices, difficulties, and peculiarities in a great number of countries and regions, including the Middle East and North Africa, cannot be matched in any other source. Bank guarantees can present major difficulties, and this book is the lawyer’s best guide in any situation likely to arise. As a comprehensive study of the legal and practical aspects of bank guarantees and standby letters of credit, it offers practitioners in international trade law the most complete analysis of banking law in the field. In its wealth of practical detail, it is unlikely to be surpassed.
Download or read book Risk and Insurance in Construction written by Nael G. Bunni and published by Routledge. This book was released on 2022-02-16 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new 3rd edition of Nael Bunni’s Risk and Insurance in Construction, now co-authored with Lydia Bunni, explains the need for insurance in construction and engineering projects and why it must be incorporated into the Conditions of Contract for such projects. It is unique in bringing together the background of the two topics of 'risk' and 'construction insurance', explaining the flow and the interaction between them and then dealing with how they have been used to formulate the 2017 FIDIC Suite of Contracts and the 2021 Green Book. This edition has been fully updated, and new chapters deal with the latest definitions of 'risk' outlined in ISO 31000: 2009, and specifically explains the principles embodied in the new Clauses 17, 18 and 19 of the Major Suite of the FIDIC forms of contract and how they should be used. An important chapter (Chapter 5) is included, discussing the logical transition from decision-making to risk identification to responsibility for those allocated with particular risks, to the potential liability that results. This includes discussing particular liabilities that may arise for parties typically involved in construction and engineering projects, including developers, owners, contractors and designers. This part of the book links insurance to the law and explains the interaction between the two topics. The correlation between liability and the need for indemnity, which can only be provided properly through insurance, is highlighted. The book is essential reading for practitioners from both the engineering profession and the insurance industry in all types of projects. Engineers who are required to use one of the Major Forms of the FIDIC Suite of Contracts, whether they are designers or contractors, and those involved in the insurance sector, whether brokers, claim consultants or insurance company personnel, will find this book to be an indispensable reference.
Download or read book Guaranteed Wages written by United States Temporary Controls Office and published by . This book was released on 1947 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Surety Bonds for Construction Contracts written by and published by Amer Society of Civil Engineers. This book was released on 2000-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt:
