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| construction contract 2nd ed 2017 red book: FIDIC Red Book Jakob B. Sørensen, 2019-03-27 |
| construction contract 2nd ed 2017 red book: Guide to the FIDIC Conditions of Contract for Construction Michael D. Robinson, 2023-02-21 Enables readers to easily understand the contract to enable better compliance and efficiency Guide to the FIDIC Conditions of Contract for Construction: The Red Book 2017 helps the reader overcome some of the difficulties encountered on a typical international construction project using the FIDIC Construction Contract 2nd Edition (the 2017 Red Book), by summarizing the activities and duties of those involved, and crystallizing the requirements of the contract. To aid in reader comprehension, the text explains clauses in the sequence they appear in the contract, but also in the order they happen in real time on site. It further provides practical guidance in a concise manner, and in straightforward, jargon-free language. It is a highly practical resource for use during the project, rather than a legal review of the contractual requirements, ensuring readers are fully conversant with the revised requirements and procedures mandated by the 2017 edition of the contract. Guide to the FIDIC Conditions of Contract for Construction: The Red Book 2017 includes: A review of the duties and responsibilities of the three parties, the Employer, the Engineer and the Contractor, engaged on a FIDIC-based Contract A review of the flow of documentation and instructions which is to be provided by one party to another party throughout the contract period Practical guidelines are provided for the avoidance of disputes and delays in order that contracts are completed as planned Guide to the FIDIC Conditions of Contract for Construction: The Red Book 2017 is a practical and highly useful resource for engineers, consultants, project managers, and others who are engaged in the site management of international projects using the FIDIC Construction Contract, along with those involved in contractual administration on behalf of the client. |
| construction contract 2nd ed 2017 red book: FIDIC Conditions of Contract for Design, Build and Operate Projects International Federation of Consulting Engineers, 2008 |
| construction contract 2nd ed 2017 red book: The 2017 FIDIC Contracts William Godwin, 2020-02-19 Provides a clear and comprehensive guide to the 2017 FIDIC contracts—written by a member of the FIDIC Updates Task Group FIDIC contracts are the most widely used engineering standard form contracts internationally but until 2017 the three main forms (the Red, Yellow and Silver Books) had not been amended or updated for nearly two decades, since the first editions were published in 1999. Written by a specialist lawyer who was member of the FIDIC Updates Task Group responsible for writing the new contracts, this book examines in detail the many substantial changes they have introduced. After providing an overview the contracts are examined clause by clause with the aim of showing how each compares and contrasts with the others and how the second editions compare and contrast with the first. The first chapter describes how the Red, Yellow and Silver Books evolved from earlier contract forms and the distinctive characteristics of each, before providing an overview of the updates, including new potential risks for both Employer and Contractor, and then examining, in the second chapter, key general provisions such as the new rules on notices and limitation of liability. Chapter 3 examines the enhanced role of the Engineer in the Red and Yellow Books/Employer’s Representative’s function in the Silver including the new procedure for determinations as well as the Employer’s obligations and contract administration. The Contractor’s obligations are considered in chapter 4 while chapter 5 examines his responsibility for design in the Yellow and Silver Books. Chapters 6 to 14 deal respectively with plant, materials and workmanship and staff and labour; time-related provisions in the three contracts including extensions of time, and the Employer’s right to suspend the works; testing on and after completion and the Employer’s taking over of the works; defects after taking over, acceptance of the works and unfulfilled obligations; measurement (in the Red Book), the Contract Price and payment; the new variations regime and adjustments to the Price; termination and suspension; care of the works and indemnities and Exceptional Events (previously, Force Majeure). An important feature of the new contracts is their increased emphasis on clarity in the claims process and on dispute avoidance. These topics are examined in the final two chapters, 15 and 16, which deal respectively with the new claims and dispute resolution provisions of the 2017 forms. FIDIC contracts are the most widely used standard forms of contract for international engineering and construction projects Provides a clear and comprehensive guide to the 2017 FIDIC Red, Yellow and Silver Books Written by a senior specialist lawyer and member of the FIDIC 2017 Updates Task Group responsible for writing the new contracts Accessible to those with little or no familiarity with FIDIC contracts The 2017 FIDIC Contracts is an important guide for anyone engaged in international projects, including employers, contractors, engineers, lawyers, suppliers and project financiers/sponsors. |
| construction contract 2nd ed 2017 red book: FIDIC Silver Book Jakob B. Sørensen, 2019 |
| construction contract 2nd ed 2017 red book: The FIDIC Forms of Contract Nael G. Bunni, 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. |
| construction contract 2nd ed 2017 red book: FIDIC Red, Yellow and Silver Book Leo Grutters, Brian Barr, 2018-10-31 FIDIC 2nd Edition Red, Yellow and Silver books provides a unique drafter's-perspective clause-by-clause analysis of the 2016 editions of the FIDIC contracts. Readers will understand how each sub-clause is interlinked and how to minimise and avoid future disputes through the accurate interpretation of clauses. |
| construction contract 2nd ed 2017 red book: Conditions of Contract for Design-build and Turnkey Fédération internationale des ingénieurs-conseils, 1995 The terms of the Conditions of Contract for Design - Build and Turnkey have been prepared by the Federation Internationale des Ingenieurs Conseils (FIDIC) and are recommended for general use for the purpose of the design and construction of works where tenders are invited on an international basis; with minor modifications, the Conditions are also suitable for use on domestic contracts. |
| construction contract 2nd ed 2017 red book: FIDIC - A Guide for Practitioners Axel-Volkmar Jaeger, Götz-Sebastian Hök, 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. |
| construction contract 2nd ed 2017 red book: Construction Delays Ted J Trauner, 2009-04-25 Delays in construction projects are frequently expensive, since there is usually a construction loan involved which charges interest, management staff dedicated to the project whose costs are time dependent, and ongoing inflation in wage and material prices. Many techniques are used to analyze delays. Some of these methods have inherent weaknesses and should be avoided. This book points out the shortcomings of these faulty methods and explains how a delay analysis should be performed. It then describes specifically how the analysis is done with CPM schedules. A explanation of delays and delay damages, presented in a straightforward, accessible manner, should be useful to public and private owners, construction managers, general contractors, subcontractors, designers, suppliers, and attorneys whose work involves them in the construction industry. The discussion will include subtleties of the process, such as shifts in the critical path, and non-critical delays. The subject of damages is covered in detail, including the major categories of extended field overhead and unabsorbed home office overhead. Likewise, the damages suffered by the owner, either actual or liquidated, are also explained. Finally, a chapter is devoted to managing the risk of delays and time extensions from the viewpoints of the various parties to a construction project. A discussion of early completion schedules and constructive acceleration is also included. In this new ediion, all chapters are updated to reflect the changes in the construction field since the first edition published over l6 years ago. The Second Edition includes over 40% more information such as new methods for analyzing delays with examples of the proper approach. The author also includes a new chapter on risk managment which focuses on the delay-related risks of the various parties in a construction project. - Explains the different categories of delays - Addresses the concept of concurrency and also non-critical delays - Discusses the more common approaches used for measuring and analyzing delays and the strengths and weaknesses associated with them - Prevention of Time-Related Delay Problems |
| construction contract 2nd ed 2017 red book: Construction Change Order Claims Michael T. Callahan, 2005-01-01 Construction Change Order Claims brings you up-to-date with the latest methods for determining value of work or all types of projects. Commonly encountered claim issues are covered in detail, including: Surety issues Evaluating changes resulting from ambiguous specifications or inadequate design Measuring the cost impact of delays Proving the price of damages This all-in-one resource guides you through every type and aspect of change claims, offering hands-on guidance and analysis from 25 experienced practitioners. Construction Change Order Claims helps you quickly answer difficult questions such as: Is a change order on a construction project an and“extraand”and—or is it included within the scope of the basic contract price? When does an ownerand’s unintentional interference cross the line between a mere impairment or hindrance to an alteration of the contractorand’s intended methods of performance? What specific circumstances support the use of the cardinal change doctrine? What circumstances must be present to employ the Percentage of Completion accounting method? Construction Change Order Claims delivers: Innovative defenses to avoid being bound by a release Guidance for anticipating contractor defenses, and for preparing opposing arguments Practical tips and accounting tools for evaluating progress and calculating payments Federal, state and local certification requirements for public and private projects And more! |
| construction contract 2nd ed 2017 red book: FIDIC Users' Guide Brian W. Totterdill, 2006 The FIDIC Conditions of Contract for Construction and the Conditions of Contract for Plant and Design-Build (known as the 1999 Red Book and the 1999 Yellow Book) were first published in 1999 and have been used for a large number of contracts around the world. During 2005, FIDIC and the multilateral development banks cooperated to publish the MDB Harmonised Conditions of Contract for Construction. This book is a revised and extended edition of the authors earlier guides. |
| construction contract 2nd ed 2017 red book: Understanding the FIDIC Red Book Jeremy Glover, Simon Hughes, 2011 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. |
| construction contract 2nd ed 2017 red book: Construction Claims and Responses Andy Hewitt, 2016-03-22 A practical, step-by-step guide on how to prepare and respond 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 a fully detailed claim submission. It includes advice on: Contract administration for claims and claims avoidance. Identifying the various types of claim. The key points for an effective claim or response document. The essential elements to be included in a claim or response. Extension of time claims. Claims for additional payment. Principles of delay analysis. Quantum calculations. Responses and determinations to achieve agreement and avoid disputes. A note on dispute boards. The advice given in the book is supported by worked examples of typical claims and responses with sample wording. The book includes a foreword by Roger Knowles, who says: The book is without a doubt fully comprehensive and goes though the preparation of a claim from A to Z. I have no hesitation in recommending it to students, beginners, those involved on a day-to-day basis with time and cost on projects, as well as the seasoned claims consultants. This book is suitable for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects. |
| construction contract 2nd ed 2017 red book: Contractual Letters for Building and Engineering Works Joy Varghese, 2020-11-28 This book provides a quick practical reference and guideline for drafting contractual letters saving time for Contractors. This book will be useful to commercial managers, contracts managers, project managers, quantity surveyors working on construction projects internationally for use with FIDIC Conditions of Contract for Construction for Building and Engineering Works, First Edition 1999 called the Red Book. The letters are arranged and written in the order of clause numbering in FIDIC. Although the book is written mainly for Contractors, the book will be of use to subcontractors, construction industry professionals and students as well. |
| construction contract 2nd ed 2017 red book: An Employer's and Engineer's Guide to the FIDIC Conditions of Contract Michael D. Robinson, 2013-04-22 When all parties involved in the construction process fully understand their roles and are able to anticipate potential points of conflict, disputes and delays will be minimised. The Employer’s and Engineer’s Guide to the FIDIC Conditions of Contract sets out the essential administrative requirements of a FIDIC based contract by reference to the FIDIC 1999 Red Book. The obligations and duties of the Employer and the Engineer are identified and discussed. Potential pitfalls are highlighted and likely consequences pointed out. The importance of the Employer’s role in the preparation of tenders, which fully reflect his requirements and duties and obligations arising in the execution of the works, is emphasised. The key role of the Engineer in the effective administration of contracts after award is examined and commentary provided. Included in the guide are a number of appendices, including model letters which will be of value to less experienced staff (particularly those whose mother-tongue is not the English language). Engineers, quantity surveyors and project managers engaged in the contractual administration of international projects using FIDIC forms of contract will find the concise guidance in simple and jargon-free language provided here invaluable. This, together with the author’s earlier book, Contractor’s Guide to the FIDIC Conditions of Contract - which describes the duties, rights and responsibilities of the Contractor – represents the totality of supervision, design and execution of construction projects executed under the FIDIC Conditions of Contract. This book’s companion website offers invaluable resources to freely download, adapt and use: Model letters for use by the Employer Model letters for use by the Contractor Sample Interim Payment Certificate Model Form for Submissions to the Engineer Model Form of Engineer’s Order for Varied Works Model Form of Daywork/Daily Record Sheets |
| construction contract 2nd ed 2017 red book: FIDIC Red Book, Revised edition Jakob B. Sørensen, 2024-10-29 FIDIC Red Book is a practical guide for anyone involved in preparing, administering, or contributing to the FIDIC suite of contracts, 2017 edition. This revised edition covers a number of recent developments including the 2022 amendments, impacts of COVID-19, and the war in Ukraine, as well as guidance on use of FIDIC Contracts. |
| construction contract 2nd ed 2017 red book: The ICE Conditions of Contract Brian Eggleston, 2008-04-15 The ICE Conditions continues to be the dominant form of contract for civil engineering, despite the growing importance of the New Engineering Contract. The Seventh Edition of the ICE Conditions, published in 1999, introduced a number of changes, including: incorporating some of the concepts of the Latham Report amending certain provisions of the Sixth Edition which had attracted criticism rectifying conspicuous omissions from the text of earlier editions of the contract correcting small errors and faults from the previous edition modernising certain provisions and terms Brian Eggleston, whose previous book on the ICE Conditions was described as 'likely to become the authoritative reference source for the Sixth Edition', examines the contract clause by clause from a practical and legal viewpoint. There is extensive coverage of case law. Written by an experienced civil engineer and recognized authority on construction contracts, this book is an essential guide. |
| construction contract 2nd ed 2017 red book: Understanding and Negotiating Turnkey and EPC Contracts Joseph A. Huse, 2002 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 |
| construction contract 2nd ed 2017 red book: Understanding FIDIC Kelvin Hughes, 2020-12-20 Understanding FIDIC explains in simple and practical terms what is often seen as a very complex range of international engineering and construction contracts. Covering the FIDIC 2017 Red, Yellow and Silver Books (referred to as The Rainbow Suite), the book gives an overview of all three contracts, including coverage of changes between the 1999 contracts and the present 2017 suite. FIDIC contracts are widely used as far afield as Europe, the Middle East, Asia and Australia, and this book provides a practical yet thorough guide to the key elements that practitioners preparing and administering these contracts would need to be aware of. In his approachable and readable style, Kelvin Hughes covers: The obligations and responsibilities of the Employer, the Employer’s Representative, the Engineer and the Contractor Quality and Defects Liability Design Responsibility and Liability Variations, Measurement and Payment Procedures Progress, Delays, Extensions of Time and Completion Suspension and Termination Insurances Employer’s and Contractor’s Claims The Dispute Avoidance/Adjudication Board and the Resolution of Disputes Tendering Anyone working with FIDIC contracts whether as the Employer, Employer’s Representative, Engineer or Contractor will benefit greatly from this easy-to-read guide to the Rainbow Suite. Students on professional courses or researching the contracts for project work will also find this book extremely useful. |
| construction contract 2nd ed 2017 red book: Management of Construction Projects John Schaufelberger, Len Holm, 2024-03-14 Unique among construction project management textbooks, Management of Construction Projects, third edition, takes the constructor’s perspective, carefully analyzing a complex, real-world construction case study from multiple angles to demonstrate the skills, knowledge, and techniques students require to become successful project managers. Popular as an undergraduate text and as a contractor resource, the book identifies key stages of the project-management process, such as delivery methods and contracts; estimating, planning, and scheduling; preconstruction services; subcontracting and material management; documentation, communications, and payment; controls, quality, and safety; leadership and ethics; and claims, disputes, and close-out. This third edition includes a novel case study, a new chapter on preconstruction services, updated contract forms and figures, and additional student exercises, and integrates use of project management technology. Topics include building information models, sustainable construction, environmental compliance, lean construction, and off-site construction. Boxed examples, or short case studies, have been included with each chapter. These examples correspond directly to the chapters in which they are included and give the reader an applied approach to learning the concepts presented. While primarily focused on the management of commercial projects, the principles and techniques in Management of Construction Projects also apply to residential, industrial, and heavy construction. Written in straightforward language from a constructor’s perspective, this textbook prepares upcoming construction project managers with everything they need to see a successful project through from start to finish. |
| construction contract 2nd ed 2017 red book: The Construction and Performance of Commercial Contracts S. A. Christensen, W. D. Duncan, 2014 This book analyses the principles underlying the construction and application of a number of boilerplate and other clauses commonly included in commercial contracts.The first Part of the work deals with general principles of interpretation. It then considers clauses which allocate commercial risk; clauses relating to performance; clauses introducing new parties by way of assignment, novation or nomination; clauses such as guarantees and indemnities which create liabilities in third parties; and dispute resolution clauses including governing law.The authors highlight common issues surrounding the application of these clauses in practice and, where appropriate, make drafting recommendations based on their analysis of case law and the operation of relevant statutes. This is a very accessible resource for all commercial practitioners. |
| construction contract 2nd ed 2017 red book: The NEC 3 Engineering and Construction Contract Brian Eggleston, 2008-04-15 Now Available in Paperback From its launch in 1991 the New Engineering Contract has rapidly overtaken traditional building and civil engineering contracts to become the UK's leading standard form for major construction projects. Additionally, under the generic title NEC 3, there is now a family of New Engineering Contract standard forms. This book provides a detailed commentary on the latest edition of the main form - NEC 3 Engineering and Construction Contract. It explains how the contract is intended to operate and examines each clause to consider its application and legal interpretation. It draws upon the author's successful book on the second edition of the Engineering and Construction Contract, ECC 2, and it identifies and comments on the changes between ECC 2 and NEC 3. Particular attention is given to the revised compensation event procedures in NEC3, with five chapters of the book devoted to this subject. In-depth analysis is also given to: The role of the project manager The obligations of the parties The liabilities of the parties The revised dispute resolution procedures |
| construction contract 2nd ed 2017 red book: Construction Project Management Alison Dykstra, 2018 Construction Project Management provides the reader with crucial background information often overlooked in other texts: The roles of the major players owners and designers, general and specialty contractors; Why contractors should avoid some jobs, and how to get the right ones; What bidding is, and why the low bid is not always the best bid; Why different types of construction contracts carry different levels of risk; Why cost estimates and schedules are keys to project success; How a contractor brings in a job on time and on budget; And much more: Alternative project delivery and BIM; Change orders and getting paid; MasterFormat; ConsensusDocs and AIA Documents; An expanded and updated introduction to Green Construction. |
| construction contract 2nd ed 2017 red book: The Law of Construction Disputes Cyril Chern, 2024-11-28 Updated throughout for this fourth edition, The Law of Construction Disputes maintains its position as 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. The book 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. It provides the legal practitioner with all the case law needed in one concise volume, and 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 to reach successful conclusions without litigation. Featuring expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners in this field of law and to construction professionals. |
| construction contract 2nd ed 2017 red book: FIDIC 2017 Nicholas Alexander Brown, 2025-01-20 FIDIC 2017: A definitive guide to claims and disputes is an indispensable resource for professionals engaged with FIDIC contracts. It provides comprehensive treatment of the multi-tiered dispute avoidance and resolution process within the 2017 FIDIC suite of contracts, and includes numerous flowcharts and worked examples. |
| construction contract 2nd ed 2017 red book: Practical Guide to Engineering and Construction Contracts Philip Loots, Donald Charrett, 2009-09 |
| construction contract 2nd ed 2017 red book: Keating on Construction Contracts Stephen Furst, Vivian Ramsey, Sarah Hannaford, Adrian Williamson, Donald Keating, John Uff, 2012 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 |
| construction contract 2nd ed 2017 red book: Tendering and Contracting Guidelines Ahkam AL Taee, 2021-11-11 This book is explained and covered, but not limited, the followings; • The content of the tender invitation package. • How to evaluate the bids technically and commercially. • The Concepts of a contract. • The elements of enforceable contract. • Types of Contracts. • Allocating liability and risk in contracts. • The Contract Management tasks and responsibilities. • Explain FIDIC contract forms. • Discuss the risk spectrum in construction. • Gives in Chapter 3, seven attachments form samples of different materials needed in contracts. The book is useful tool to whom are working in supply chain management and contracts departments, this book has been prepared to provide practical guidance in general terms in relation to various public services, it is not a legal textbook but practical guidance tool for business. Author email; ahkamw@yahoo.com |
| construction contract 2nd ed 2017 red book: FIDIC Contracts in Africa and the Middle East Donald Charrett, 2023-09-20 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. |
| construction contract 2nd ed 2017 red book: The International Compendium of Construction Contracts Phillip Greenham, Society of Construction Law Australia, 2021-05-10 This book examines how the most commonly used construction project contracts are applied in a range of countries around the world. The specific situation of each of the almost 40 countries studies is dealt with in a dedicated chapter, allowing for easy comparison between differing legal and commercial environments. Each chapter contextualizes the relevant contracts within the legal and commercial systems prevalent in a particular country and examines a number of common issues impacting construction projects around the world. This unique book will be an essential resource for construction law specialists around the world because of its focus on commonly used contracts and the contextualizing of these contracts into the legal and commercial environment of each studied country. All contributions are from practicing construction project lawyers ensuring that the quality of the information and analysis is of the highest standard. |
| construction contract 2nd ed 2017 red book: The Guide to Construction Arbitration Stavros L. Brekoulakis, David Brynmor Thomas, 2024 |
| construction contract 2nd ed 2017 red book: The FIDIC Red Book Contract Christopher Seppälä, 2023-04-25 Conditions of Contract for Construction – known universally as the Red Book – published by the International Federation of Consulting Engineers (known by its French acronym FIDIC) is the most widely used standard form of international construction contract. This book is a detailed commentary on the 2022 reprint of the 2017 FIDIC Red Book. For each of the Red Book’s 168 Sub-Clauses the commentary: identifies changes from the 1999 edition; analyses the meaning and significance of the Sub-Clause and lists related Sub-Clauses; describes related international arbitration awards, national court decisions and legal principles; and, where appropriate, proposes amendments to improve the Sub-Clause. As the FIDIC Yellow and Silver Books are very similar to the Red Book, much of the commentary is equally applicable to those forms of contract. The author is a FIDIC ‘insider’ having served for more than thirty years as Legal/Special Adviser to, or Member of, the FIDIC Contracts Committee which is responsible for preparing FIDIC’s contracts. This book is an indispensable resource for all parties called on to work with a FIDIC contract. With guidance for every stage of a construction project, whether in drafting, negotiating, performing, interpreting, or administering a FIDIC contract, the book’s easy-to-use structure includes such issues and topics as the following: introduction to FIDIC and its contracts and to publications of FIDIC and others relevant to the Red Book including the 2022 FIDIC Contracts Guide; critical examination of each Sub-Clause and advice for amending the same in order to better adapt it to the interests of each party (the Employer or the Contractor); special attention to each Sub-Clause relating to the Contractor’s and the Employer’s claims and claims procedure and to how to assert claims effectively, as well as to time bars and other pitfalls and how they may be overcome; detailed examination of Sub-Clauses relating to the referral of issues or disputes to the Dispute Avoidance/Adjudication Board and, if necessary, to international arbitration, and optimal strategies for doing so; discussion of the changes required to the 2017 Red Book by The World Bank’s Conditions of Particular Application (‘COPA’); reference, where appropriate, to the UNIDROIT Principles of International Commercial Contracts and trade usages; comprehensive discussion of practical issues that arise under common law, civil law and international legal principles, especially when a contract is with a state or public body; comparison of common law and civil law methods of contract interpretation and a suggested practical approach to interpretation given a FIDIC contract’s international arbitration clause; and overcoming problems that can arise when a contract is governed by the law of a less-developed country. Legal and technical terms are clearly defined, and numerous figures and tables are included to illustrate steps in contract procedures. Detailed attention is paid to terminological distinctions among the various legal traditions, including a comparison of British-English and American-English construction contract terms. Unquestionably the most detailed and thorough commentary ever published on the FIDIC Red Book, this highly practical work enables preparers of FIDIC contracts to amend and adapt the Red Book’s provisions to a particular project. Dispute adjudicators, arbitrators, and judges will welcome the book’s authoritative guidance on interpreting the provisions of a FIDIC contract, and engineers and other construction professionals involved in contract administration will appreciate the book’s many practical features. |
| construction contract 2nd ed 2017 red book: Contracts for Construction and Engineering Projects Donald Charrett, 2021-12-22 Contracts for Construction and Engineering Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The work explores various aspects of the intersection of contracts and construction projects involving the work of engineers and other professionals engaged in construction, whether as project managers, designers, constructors, contract administrators, schedulers, claims consultants, forensic engineers or expert witnesses. Compiling papers written and edited by the author, refined and expanded with additional chapters in this new edition, this book draws together a lifetime of lessons learned in these fields and covers the topics a practising professional might encounter in construction and engineering projects, developed in bite-sized chunks. The chapters are divided into five key parts: 1. The engineer and the contract 2. The project and the contract 3. Avoidance and resolution of disputes 4. Forensic engineers and expert witnesses, and 5. International construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into – and the consequences that may ensue if this is not done – makes this book essential reading for professionals practising in any area of design, construction, contract administration, preparation of claims or expert evidence, as well as construction lawyers who interact with construction professionals. |
| construction contract 2nd ed 2017 red book: Contractual Duties Andrew Tettenborn, Neil Andrews, 2012 This title offers a high level analysis of the law relating to the termination of contracts. It offers new and authoritative insights into how to proceed when contracts are beached or break down. |
| construction contract 2nd ed 2017 red book: Large-Scale Construction Project Management Yan Tan, 2020-04-02 A majority of large-scale construction and major infrastructure projects are funded by public funds from taxpayers. However, these projects are often subject to severe delays and cost overruns. Large-Scale Construction Project Management: Understanding Legal and Contract Requirements introduces integrated approaches to project management and control mechanisms to effectively manage large-scale construction projects. It explains the contractual requirements and associated legal principles under the latest edition of the leading standard forms of contracts, including FIDIC 2017, NEC4, and JCT 2016. It explains integrated project governance regarding time, cost, risk, change, contract management, and more. Further, it discusses the legal issues of scheduling delays and disruptions regarding the Delay and Disruption Protocol (Society of Construction Law) as well as Forensic Schedule Analysis guidance (American Association of Cost Engineering). Features: Provides strategies to effectively resolve disputes during construction projects Examines Quantitative Schedule Risk Analysis (QSRA) and Quantitative Cost Risk Analysis (QCRA) Introduces the most recent software and techniques used in managing large-scale construction projects This book serves as a useful resource for project control and management professionals, researchers in construction management and project management, and students in building construction management and project management. |
| construction contract 2nd ed 2017 red book: Construction Quantity Surveying Donald Towey, 2017-11-13 The revised and updated comprehensive resource for Quantity Surveyors working with a construction contractor The second edition of Construction Quantity Surveying offers a practical guide to quantity surveying from a main contractor's perspective. This indispensable resource covers measurement methodology (including samples using NRM2 as a guide), highlights the complex aspects of a contractor's business, reviews the commercial and contractual management of a construction project and provides detailed and practical information on running a project from commencement through to completion. Today’s Quantity Surveyor (QS) plays an essential role in the management of construction projects, although the exact nature of the role depends on who employs the QS. The QS engaged by the client and the contractor's QS have different parts to play in any construction project, with the contractor's QS role extending beyond traditional measurement activities, to encompass day-to-day tasks of commercial building activities including estimating, contract administration, and construction planning, as well as cost and project management. This updated and practical guide: Focuses on the application, knowledge and training required of a modern Quantity Surveyor Clearly shows how Quantity Surveying plays an essential central role within the overall management of construction projects Covers measurement methodology, the key elements of the contractor's business and the commercial and contractual management of a construction project The construction industry changes at fast pace meaning the quantity surveyor has a key role to play in the successful execution of construction projects by providing essential commercial input. Construction Quantity Surveying meets this demand as an up-to-date practical guide that includes the information needed for a Quantity Surveyor to perform at the highest level. It clearly demonstrates that quantity surveying is not limited to quantifying trade works and shows it as an important aspect of commercial and project management of construction projects. |
| construction contract 2nd ed 2017 red book: Law and Practice of Construction Contracts Kok Fong Chow, Sundaresh Menon, 2018 |
| construction contract 2nd ed 2017 red book: Design and Build Contracts Guy Higginbottom, 2023-10-02 DESIGN AND BUILD CONTRACTS Design and build (D&B) construction procurement relies on a project’s main contractor shouldering the responsibility for creating the design and executing the construction for a project. While the extent of contractor-produced design can vary, this method of construction procurement affords the contractor a greater level of input and responsibility than traditionally procured contracts (where the employer has greater design responsibility). Over the last decade in the UK, it has become clear that D&B contracts are becoming the most popular method for procuring construction projects; often echoing the ways in which contracts for infrastructure and process plant can be procured. Whilst D&B can provide a greater degree of contractor input for producing feasibility and concept designs, then the detailed design to deliver a project, many clients amend standard forms of D&B contracts to alter the contractors’ design input. This can significantly change D&B, deviating from the procedures set out in the standard forms of D&B contract. This book firstly takes the reader through each stage of a project (based upon the RIBA Plan of Work 2020) to provide guidance on how D&B contracts were intended to operate, then secondly, identifying how D&B contracts and their procedures have changed. Readers will find: Outline commentary and guidance on commonly used standard forms of D&B contract, including: JCT Design and Build 2016; FIDIC Conditions of Contract for Plant Design-Build 2017; and NEC4 How each D&B contract is intended to operate during each stage of the RIBA Plan of Work 2020 How the operation of D&B contracts and their procedures are often amended. An ideal resource for contractors, employers, and consultants, as well as those studying construction at university, Design and Build Contracts offers helpful commentary and guidance for how each stage of a D&B engineering or construction project should progress. |
| construction contract 2nd ed 2017 red book: Contratos chave na mão (Turnkey) e EPC (Engineering, Procurement and Construction) Marcelo Alencar Botelho de Mesquita, 2019-05-16 Tema dos mais obscuros e controvertidos entre os que operam com contratos de construções consideráveis, para usar a expressão legal do Código Civil para as obras de engenharia pesada, é o da qualificação do contrato chave na mão (turnkey) e do chamado engineering, procurement and construction contract, ou EPC. Longe de ser pacífica, essa qualificação guarda em si o potencial de levar o intérprete a diferentes resultados quanto à disciplina aplicável e, por consequência, a decisões divergentes, a depender de como se enquadrem essas operações. Na presente obra, o autor revela o conteúdo dos ajustes turnkey e EPC e onde se situam no universo do direito contratual, discutindo as diversas qualificações e enquadramento possíveis e seu impacto sobre as difíceis questões esses contratos suscitam. |
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