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The Law of Construction Disputes

Author: Cyril Chern

Publisher: Taylor & Francis

Published: 2019-09-17

Total Pages: 1081

ISBN-13: 0429648685

Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.

The Law of Construction Disputes

Author: Cyril Chern

Publisher: CRC Press

Published: 2013-11-07

Total Pages: 806

ISBN-13: 1317748603

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The Law of Construction Disputes covers the construction dispute process by analysing the main areas that can lead to disputes and how to effectively deal with them once they have arisen. The book combines theory and practice along with exact excerpts of the leading case decisions covering the entire spectrum of construction law and the disputes that arise.

Best Practice in Construction Disputes

Author: Paula Gerber

Publisher:

Published: 2013

Total Pages: 493

ISBN-13: 9780409333077

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Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.

Causation and Delay in Construction Disputes

Author: Nicholas J. Carnell

Publisher: John Wiley & Sons

Published: 2008-08-06

Total Pages: 320

ISBN-13: 0470759348

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Building contract claims for more time on projects represent one of the largest sources of dispute within the industry. However, identifying the causes of delays, and the effects they have on the project, is often difficult and the burden on the party seeking to prove delay is a heavy one. This book provides the construction professional with an analysis of how construction projects become delayed, the practical measures which can be taken to avoid such delays, and how the parties can protect their positions in the face of delays. It goes on to look at the requirements for producing a successful claim. It provides a straightforward guide to the legal issues, and also considers how the effects of delays can most practically be addressed. The Second Edition takes account of new case law since 1999, and has new sections on adjudication, risk allocations and the Society of Construction Law Delay Protocol. Very well received when it was first published, the book is aimed particularly at contractors, project managers and senior surveyors, but will also be of interest to construction lawyers.

Avoiding or Minimizing Construction Litigation

Author: Jonathan J. Sweet

Publisher: John Wiley & Sons

Published: 1993-03-10

Total Pages: 478

ISBN-13: 9780471546177

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Enables non-attorneys in the construction industry to understand how the construction process and law interact in order to resolve disputes without going to court. Analyzes specific issues concerning contracts, subcontracting, tort claims, insurance and bonds. Recommends strategies for avoiding or terminating litigation if a claim arises. Includes actual case studies and a complete reference of relevant AIA, EJCDC and NSPE documents.

Construction Law

Author: Gail Kelley

Publisher: John Wiley & Sons

Published: 2012-10-02

Total Pages: 324

ISBN-13: 1118229037

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A clear, concise introduction to construction law for professionals Construction Law: An Introduction for Engineers, Architects, and Contractors offers a comprehensive review of the U.S. legal environment, focusing on the legal concepts and issues applicable to the design and construction industries. Topics covered include: Basic legal principles Project participants Project delivery systems Construction contracts The design process Procurement Pricing construction projects Subcontractors and suppliers Time for performance Construction scheduling Contract administration The payment process Changes to the work Differing site conditions Termination of the construction contract Mechanic's liens Construction insurance Surety bonds Liability for defective construction Calculations of damages The Economic Loss Doctrine Alternative dispute resolution This book serves as an excellent introduction to construction law for students as well as professionals in the construction industry.

Construction Disputes

Author: Thomas J. Kelleher

Publisher: Wolters Kluwer

Published: 2002-01-01

Total Pages: 514

ISBN-13: 9780735530089

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All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.

Construction Litigation

Author: Robert F. Cushman

Publisher: Wolters Kluwer

Published: 1995-12-31

Total Pages: 570

ISBN-13: 0735549508

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Written by a team of authors who are not only experienced in resolving construction disputes, but also are known and respected for their expertise in specific areas commonly encountered in construction litigation, Construction Litigation: Representing the Owner is an ideal reference and resource. Intended primarily to assist attorneys, this book also provides a useful desk reference to anyone whose activities touch a long-term contract matters and provides a solid frame-work for understanding how actions may affect this important part of operations.

Construction Arbitration in Central and Eastern Europe

Author: Crina Baltag

Publisher: Kluwer Law International B.V.

Published: 2019-12-11

Total Pages: 406

ISBN-13: 9403502118

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Construction Arbitration in Central and Eastern Europe Contemporary Issues Edited by: Crina Baltag & Cosmin Vasile The successful execution of a construction project is inextricably linked to the management of risks and the expeditious settlement of any disputes that may arise. In this regard, the wealth of experience gained by Central and Eastern European practitioners in dealing with complex issues arising in construction projects in the region is highly relevant to international arbitration. Thus, this timely book provides a combination of local expertise and cross-jurisdictional perspectives on topics that most often emerge in construction disputes and which resonate far beyond the specific region covered. The authors, all practitioners with significant expertise in international and domestic construction disputes in Central and Eastern European countries, focus on the following topics: the peculiarities of evidence in construction disputes; the probative value of dispute boards, as well as their enforceability; multi-party issues triggered by the participation of various stakeholders besides employer, contractor and subcontractors; provisional measures; arbitrability of contracts with public authorities; issues of liquidated damages; changes of legislation and costs over passage of time; time bar issues; and resolution of disputes related to construction projects as protected investments. Given the increasing number of disputes and the scarce resources available, this essential guide to contemporary topics in construction disputes, with its cross-border perspective, will prove invaluable to practitioners and to academics in the field of construction law and dispute resolution.

Construction Disputes

Author: Robert F. Cushman

Publisher: Wolters Kluwer

Published: 2001-01-01

Total Pages: 868

ISBN-13: 0735521743

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In compiling the third and entirely revised edition of Construction Disputes: Representing the Contractor, the editors have sought out as specialists in their field: contributing authors who are not only experienced in resolving construction disputes but also known and respected for their expertise in specific critical areas commonly encountered in construction litigation. Although intended primarily to assist attorneys, this book also provides a useful desk reference for anyone whose activities touch on long-term contract matters and gives individual contractors a better understanding of how their actions may affect this increasingly important part of operations.