Download or read book Liquidated Damages and Penalty Clauses written by Roger Halson and published by Oxford University Press, USA. This book was released on 2018-03-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This, the only book in print to focus on liquidated damages and penalty clauses, analyses the common law jurisdiction to control stipulated damages clauses, and the distinction between enforceable liquidated damages clauses and unenforceable penalty clauses. The first part examines the historical origin of the control of these clauses, the second describes the current control of such clauses and their legal effect, the third critically examines the various rationales that have been proposed to justify their regulation and the final part describes analogous provisions and how to avoid drafting contractual clauses that are rendered unenforceable by the penalty rule. The book examines approaches in several common law jurisdictions in addition to England and Wales, including the United States, Australia, New Zealand, and Canada, and brings together principles developed in distinct commercial law contexts (such as shipping contracts) to enable comparison between particular contractual settings.
Download or read book Liquidated Damages and Penalties written by and published by . This book was released on 1988 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liquidated Damages and Extensions of Time written by Brian Eggleston and published by Wiley-Blackwell. This book was released on 2009-02-09 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liquidated damages and extensions of time are complex subjects, frequently forming the basis of contract claims made under the standard building and civil engineering contracts. Previous editions of Liquidated Damages and Extensions of Time are highly regarded as a guide for both construction industry professionals and lawyers to this complex area. The law on time and damages continues to develop with an increasing flow of judgments from the courts. Alongside this, the standard forms of contract have also developed over time to reflect prevailing approaches to contractual relationships. Against this background a third edition will be welcomed by construction professionals and lawyers alike. Retaining the overall approach of the previous editions, the author clarifies, in a highly readable but legally rigorous way, the many misunderstandings on time and damages which abound in the construction industry. The third edition takes account of a large volume of new case law since the previous edition was published over ten years ago, includes a new chapter on delay analysis and features significantly expanded chapters on penalty clauses, the effects of conditions precedent and time-bars, and the complexities of causation.
Download or read book The JCT Minor Works Building Contracts 2016 written by David Chappell and published by John Wiley & Sons. This book was released on 2017-11-06 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The revised and updated edition of this classic book on the JCT Minor Works Building Contracts The JCT Minor Works Building Contracts 2016 offers a concise overview of this agreement, which continues to be the most popular JCT contract, as it used on the sorts of small works that most architects and builders encounter routinely. Written in straightforward terms, the book is formatted in short chapters with accessible sub-headings, and the author avoids legal and pseudo-legal wording where possible. Some explanations from first principles are included where it is thought they would be helpful and occasionally, where the precise legal position is unclear, the author uses his significant experience to offer a view. Overall, the information is presented in a manner that it is easy to understand, use and reference. The 2016 edition of the contract contains a great many changes from previous editions and these are all covered. For example, the book includes information about the substantially revised payment provisions, changes to those parts dealing with insurance, variation instructions, the CDM Regulations, Supplemental Provisions, definitions, and the Contractor's Designed Portion. In summary, this fifth edition has been comprehensively revised and updated to: Ensure the discussion is easy to comprehend and use by busy architects and contractors Include a Include a number of tables and flowcharts to assist in understanding the way the contract operates Include several letter templates that can be used in common situations Provide answers to the sorts of problems that commonly arise in the course of a building project The new edition of this classic book on The JCT Minor Works Building Contracts will be an ideal tool for busy architects and contractors who need to find what to do when problems arise on projects using this contract.
Download or read book Liquidated Damages and Extensions of Time written by Brian Eggleston and published by John Wiley & Sons. This book was released on 2009-01-26 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liquidated damages and extensions of time are complex subjects,frequently forming the basis of contract claims made under thestandard building and civil engineering contracts. Previouseditions of Liquidated Damages and Extensions of Time are highlyregarded as a guide for both construction industry professionalsand lawyers to this complex area. The law on time and damages continues to develop with an increasingflow of judgments from the courts. Alongside this, the standardforms of contract have also developed over time to reflectprevailing approaches to contractual relationships. Against thisbackground a third edition will be welcomed by constructionprofessionals and lawyers alike. Retaining the overall approach ofthe previous editions, the author clarifies, in a highly readablebut legally rigorous way, the many misunderstandings on time anddamages which abound in the construction industry. The thirdedition takes account of a large volume of new case law since theprevious edition was published over ten years ago, includes a newchapter on delay analysis and features significantly expandedchapters on penalty clauses, the effects of conditions precedentand time-bars, and the complexities of causation.
Download or read book Calculating Construction Damages written by William Schwartzkopf and published by Wolters Kluwer. This book was released on 2000-01-01 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Calculating construction damages can be complex and confusing. Written by recognized experts in the area of construction claims, Aspen Publishersand’ Calculating Construction Damages is a one-of-a-kind resource providing step-by-step guidelines for valuing a claim and calculating damages. Calculating Construction Damages keeps you completely up-to-date with the changes in the construction industry, and provides new and updated coverage on: Reductions in scope through deductive changes The meaning and explanation of acceleration The use of the actual cost method and the total cost method to calculate damages The effectiveness of expanding on productivity analysis. The definition of home office overhead costs and the use of the Eichleay formula. The most recent assessment of attorneysand’ fees on Miller Act claims Only Aspen Publishersand’ Calculating Construction Damages leads you through every step you need to take in order to reach an accurate assessment of construction damages. Complete coverage includes: General Principles of Damage Calculation Labor Costs Equipment and Small Tool Costs; Additional Equipment Costs Material Costs Bond and Insurance Costs Home Office Overhead Calculating Construction Damages is organized by type of damage rather than type of claim. Its clear, mathematical techniques will enable you to value any claim and accurately calculate damages.
Download or read book Keating on Construction Contracts written by Stephen Furst and published by Sweet & Maxwell. This book was released on 2012 with total page 1553 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a chapter on public procurement by Sarah Hannaford ; A commentary on JCT forms of contract by Adirian Williamson, and a commentary of the infrastructure conditions of contract by John Uff
Download or read book Cases on the Law of Damages written by Floyd Russell Mechem and published by . This book was released on 1895 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Construction Management written by Daniel W. Halpin and published by John Wiley & Sons. This book was released on 2017-08-07 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: It’s often said that the construction professional has to be a “jack of all trades, and master of all.” This text covers a wide range of subjects, reflecting the breadth of knowledge needed to understand the dynamics of this large and complex industry. This edition includes updated chapters on planning and scheduling, a new chapter addressing linear scheduling methods, material regarding the historical background of construction as a profession, and includes an Instructor Resource of solutions to the end-of-chapter review exercises. This text has become a standard course text at many universities. The first four editions have enjoyed wide success as an introductory treatment of the subjects which are critical to success in the construction industry. This fifth edition preserves the features that have been most appreciated by its users throughout the years, and adds suggestions provided by instructors and students through formal surveys and informal feedback to the authors.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Understanding and Negotiating Turnkey and EPC Contracts written by Joseph A. Huse and published by Sweet & Maxwell. This book was released on 2002 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work aims to keep criminal lawyers up to date with the latest cases and legislation, and includes longer articles analyzing current trends and important changes in the law. Drawing all aspects of the law together in one regular publication, it allows quick and easy reference
Download or read book A Manual of Style for Contract Drafting written by Kenneth A. Adams and published by American Bar Association. This book was released on 2004 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.
Download or read book Handy Reference Guide to the Fair Labor Standards Act Federal Wage hour Law written by United States. Wage and Hour and Public Contracts Divisions and published by . This book was released on 1963 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Gilbert Law Summaries on Contracts written by MELVIN A. EISENBERG and published by Gilbert. This book was released on 2020-10-30 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Contracts outline discusses consideration (including promissory estoppel and past consideration), offer and acceptance, interpretation, defenses (including mistake, fraud, duress, unconscionability, the Statute of Frauds, and illegality), third-party beneficiaries, assignment of rights, and delegation of duties. It also covers conditions, substantial performance, material vs. minor breach, anticipatory breach, impossibility, discharge, and remedies (including expectation damages, specific performance, and liquidated damages).
Download or read book FIDIC written by Wilfred Abraham and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this unique guide to the suite of contracts published by FIDIC (The International Federation of Consulting Engineers) - the contract forms most widely used for international construction undertakings - twenty-two outstanding authorities in construction law from a wide variety of countries, describe relevant likely pitfalls (and special opportunities) for foreign lawyers in each of their jurisdictions. This very useful book will be extremely welcome to in-house counsel who must evaluate the legal disposition of a proposed or pending construction contract subject to the laws of a foreign jurisdiction. It will continue to be of service as long as the project proceeds and beyond, particularly for the optimal resolution of disputes.
Download or read book Negotiating and Drafting Contract Boilerplate written by Tina L. Stark and published by ALM Publishing. This book was released on 2003 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.
Download or read book A Practitioner s Guide to Construction Law written by John G. Cameron and published by ALI-ABA. This book was released on 2000 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: