Author: Axel-Volkmar Jaeger
Publisher: Springer Science & Business Media
Release Date: 2009-11-11
In 1999, a suite of three new conditions of contract was published by FIDIC, following the basic structure and wording harmonised and updated around the previous FIDIC Design-Build and Turnkey Contract (the 1992 ‘‘Orange Book’’). These conditions, known as the ‘‘FIDIC rainbow, were the Conditions of C- tract for: l Construction, the so-called Red Book, for works designed by the Employer l Plant and Design-Build, the so-called Yellow Book, for works designed by the Contractor l EPC/Turnkey Projects, the so-called Silver Book, for works designed by the Contractor The ?rst is intended for construction works where the Employer is responsible for the design, as for per the previous so-called Red Book 4th Edition (1987), with an important role for the Engineer. The other two conditions of contract are intended for situations when the Contractor is responsible for the design. The Plant and Design-Build Contract has the traditional Engineer while the EPC/Turnkey Contract has a two-party arran- ment, generally with an Employer’s Representative as one of the parties.
FIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered. Humphrey LLoyd, International Construction Law Review  ICLR 386
Author: Brian Barr
Release Date: 2014-11-01
The FIDIC Handbook Series will form a series of low cost guides to all FIDIC Contract administrators. They will ensure that appropriate timely actions are taken during the course of a construction contract in order to improve communication, stimulate better administration and highlight accountability at an early stage, thereby improving the working relationships between the parties and reducing the potential for disputes. The guidelines suggest actions for each party to take, stipulate the time to take such action, provide relevant comments and includes model letters where appropriate for each Sub-Clause within the Contract. This book, FIDIC Handbook - Yellow, provides commentary on the Yellow Book: FIDIC Conditions Of Contract For Plant and Design-Build which is recommended for the provision of electrical and/or mechanical plant and for building and engineering works if most (or all) of the works are to be designed by (or on behalf of ) the Contractor.
Author: Brian W. Totterdill
Publisher: Thomas Telford
Release Date: 2006-01-01
This guide focuses on the practical administration of the contract and recognises the growing tendency for projects to be administered by local employers, consultants and contractors as well as by the experienced international organisations. It provides flow charts and a clause-by-clause commentary on both of the main FIDIC Contracts, including the new concepts and revisions to many of the important clauses. The changes and additions in the 2005 MDB Harmonised Edition, published by FIDIC in conjunction with the major Multilateral Development Banks, are also evaluated. This book will assist those preparing contract documents, as well as those who are administering projects on site or dealing with claims and disputes. It includes a comparison of the different FIDIC Contracts, including a comparison of clause numbers to assist those who are familiar with the traditional FIDIC Red Book.
Author: Nael G. Bunni
Publisher: John Wiley & Sons
Release Date: 2013-02-05
In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.
Author: Cyril Chern
Publisher: John Wiley & Sons
Release Date: 2011-09-13
Genre: Technology & Engineering
A dispute board is a panel of impartial members, appointed at the outset of the construction contract, whose purpose is to monitor progress, resolve disputes as they arise and provide a forum for discussing difficult matters. This book provides an in depth analysis of dispute board law and detailed, practical explanations of how dispute boards work in construction contracts for those actively involved. as well as for those who need to learn the process. Important features of the book include: Explanation of how a dispute board works: Insider knowledge of board operations: Key documents to run a dispute board: Detailed discussion of dispute board law (covering key jurisdictions worldwide): Forms of practice and procedure, and sample documents Reviews of the previous edition "Chern's book provides an extremely practical guide, covering not only an introduction to the process but also providing check lists and sample documentation.... This book will be welcome by practitioners in the area and newcomers to the dispute board process." —The International Journal of Arbitration, Mediation and Dispute Management, November 2009 "This book will provide a very useful, perhaps essential, guide to parties commissioning large capital construction projects, those advising them and those bidding to carry out such works, and importantly, the project funders." —The Expert & Dispute Resolver "This is a must-have book for grown up contractors" —Tony Bingham, Building "His timely work …concentrating on what may prove to be the primary means of dispute resolution for major international construction projects is to be welcomed." —HHJ Humphrey Lloyd, QC, The International Construction Law Review "This excellent book on Dispute Boards is a must for every construction lawyer, engineer, architect and contractor who is either involved in Dispute Boards or wants to be" —Herbert Wilson, The Journal of the Dispute Board Federation
Author: Andy Hewitt
Publisher: John Wiley & Sons
Release Date: 2016-03-22
A practical, step-by-step guide for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects on the preparation of and responses to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up the submission of a claim and covers: Various types of claim. How the claim may be split into sections dealing with the details of the contract, the cause, the effect, entitlement and quantum. What this section is attempting to demonstrate or achieve and why. What should be included within the section and why. Worked examples of typical claims and responses with sample wording.
Now in a fully updated second 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. 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.
Author: Michael Sergeant
Publisher: CRC Press
Release Date: 2014-05-23
Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.
Author: Andy Hewitt
Publisher: John Wiley & Sons
Release Date: 2014-04-25
A ready-reference on the contractual obligations of the various parties for a FIDIC construction contract. ‘It is clear that there is less chance of failure to observe contract compliance using [this] book, than reliance on reading though the appropriate clauses in the contract… A big plus is that those using the book will find answers to queries relating to contractual issues arising from the FIDIC contracts conditions in a fraction of the time it would take if it were necessary to study the full text… For those using the FIDIC forms for the first time, or infrequently, this book is a must, whilst experienced users will find it a valuable memory jogger. Whichever category the reader falls into, using this book should improve performance…The book is ideal for engineers, quantity surveyors, contract managers and any person whose job it is to understand the workings of a FIDIC contract.‘ From the book’s Foreword by Roger Knowles The most important part of any contract is the obligations of the parties, the time frames in which the parties must perform these obligations, and the consequences of failing to meet them. Failure to carry out obligations correctly is a serious risk and common source of contention or claims. This practical ready-reference on the contractual obligations of the various parties for a FIDIC construction contract promotes efficient administration of construction projects, prevents contention and aids an easier understanding of their obligations. The FIDIC Contracts: obligations of the parties is presented in an easily-referenced format, with the obligations set out in tabular form and clear summaries for each type of contract given in separate sections for the Employer, the Contractor and the Engineer. This guide’s ready–reference style will enable the project manager, quantity surveyor or contract manager to quickly check that his company is performing the required obligations correctly - and also to ensure the other parties are doing the same. a practical reference guide to the obligations of the parties under FIDIC contracts this easily understood digest will be welcomed by anyone dealing with the FIDIC forms of contract clearly referenced summaries set out in a table format
Author: Chiara Giorgetti
Publisher: Martinus Nijhoff Publishers
Release Date: 2014-07-04
Litigating International Investment Disputes: A Practitioner’s Guide serves as a comprehensive and straightforward resource for those who are new to international investment arbitration, as well as for seasoned practitioners.
This innovative book provides a thorough and comprehensive guide to construction law by blending together black letter law and socio-legal approaches. This mixed methodology makes an ideal introduction to the subject for those studying to enter the Architecture, Engineering and Construction (AEC) Industry in a professional capacity. Designed to equip the student with all they need to know about construction law, the topics covered include: The fundamentals of law and the English legal system Contract, business, tort and property law Procurement, subcontracting and partnering Building Information Modelling and best practice Dispute resolution including mediation, arbitration, litigation and adjudication The books suitability for study is enhanced by its logical structure, chapter summaries and further reading lists whilst the role of law in achieving a more collaborative and less confrontational AEC industry is examined in detail. Construction Law: From Beginner to Practitioner takes the reader on a journey from basic legal concepts through to a more detailed appreciation of what the AEC needs as a specialist client for legal services. This book is useful not only for understanding the basics, but also as a reference that practitioners will use time and again.
Author: R. H. B. Ranns
Release Date: 2016-04-29
Filled with practical advice for all aspects of the construction manager's role, this invaluable book fills a need for training in this essential subject, to ensure greater efficiency on site and smoother client-contractor relations. Developed as a handy-reference guide for practitioners and also useful for students, it covers the broad range of responsibilities associated with the role, providing clear guidance and in-depth coverage of the essentials. Topics include financial responsibilities and how to handle them, tender preparation, people management, health and safety, contracts, subcontracting, measurement and quantities, insurance and risk and many more simple and effective methods for turning construction projects into reality.