Avoiding Claims


Book Description

An important and practical guide for the construction industry professional, this book enables the reader to appreciate the nature and seriousness of wide ranging liability in the construction industry. The question-and-answer format makes it simple, direct and easy to use.




Avoiding Claims in Building Design


Book Description

The chance of being claimed against is now a major risk factor for every building designer, engineer, quantity surveyor and project manager. Apart from the cases that go to court, many other claims are settled before they reach that stage. The cost of insurance to meet claims is now a substantial component of every practice's overheads. Sensible risk management can identify the potential sources of claims, reduce their likelihood, warn of impending trouble and control how the claim is to be defended. This book explains how to plan a risk management strategy and suggests techniques that can supplement the practice's existing management procedures without imposing unnecessary bureaucracy. It attaches as much importance to the interaction of risk between members of the design team as to the risk profile of the practice itself. The first part defines risk and its origins, discusses how risk can arise in the various professions and types of practice, and how it interacts between the professions, compares quality assurance with risk management, and advises on the relations between the practice, its insurers and its lawyers. It concludes with advice on how to create a risk strategy and system for the office. The second part is devoted to techniques and covers: setting up the appointment; creation of the team; managing the project; the risks of CDM; the complications of procurement; and drafting, awarding and administering the building contract. Risk implications of the major contract forms are discussed in detail. It concludes with advice on the handling of claims. The book contains references to a number of legal cases to illustrate the risks discussed. It is recommended reading not only for the individual professions (architect, engineer, QS, project manger), but for all of them collectively in understanding how the risk of one profession can become the risk of any of his fellow team members.




Reducing Construction Costs


Book Description

The National Academy of Construction (NAC) has determined that disputes, and their accompanying inefficiencies and costs, constitute a significant problem for the industry. In 2002, the NAC assessed the industry's progress in attacking this problem and determined that although the tools, techniques, and processes for preventing and efficiently resolving disputes are already in place, they are not being widely used. In 2003, the NAC helped to persuade the Center for Construction Industry Studies (CCIS) at the University of Texas and the Alfred P. Sloan Foundation to finance and conduct empirical research to develop accurate information about the relative transaction costs of various forms of dispute resolution. In 2004 the NAC teamed with the Federal Facilities Council (FFC) of the National Research Council to sponsor the "Government/Industry Forum on Reducing Construction Costs: Uses of Best Dispute Resolution Practices by Project Owners." The forum was held on September 23, 2004, at the National Academy of Sciences in Washington, D.C. Speakers and panelists at the forum addressed several topics. Reducing Construction Costs addresses topics such as the root causes of disputes and the impact of disputes on project costs and the economics of the construction industry. A second topic addressed was dispute resolution tools and techniques for preventing, managing, and resolving construction- related disputes. This report documents examples of successful uses of dispute resolution tools and techniques on some high-profile projects, and also provides ways to encourage greater use of dispute resolution tools throughout the industry. This report addresses steps that owners of construction projects (who have the greatest ability to influence how their projects are conducted) should take in order to make their projects more successful.




Avoiding & Resolving Construction Claims


Book Description

Starting with this catalog, Means offers a select group of references at special prices. These books provide essential information for contractors, design professional, and facilities managers and bring you the expertise of leading authorities. Take advantage of this opportunity to build your reference collection. Demonstrates how to: resolve disputes -- head off claim problems -- manage the claims process, if a claim is inevitable. Includes strategies for evaluating and preparing claims, defending against them, recovering losses, and protecting profits.




Dietary Supplements


Book Description




Model Rules of Professional Conduct


Book Description

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.




Avoiding Claims


Book Description

An important and practical guide for the construction industry professional, this book enables the reader to appreciate the nature and seriousness of wide ranging liability in the construction industry. The question-and-answer format makes it simple, direct and easy to use.




Avoiding Claims


Book Description

An important and practical guide for the construction industry professional, this book enables the reader to appreciate the nature and seriousness of wide ranging liability in the construction industry. The question-and-answer format makes it simple, direct and easy to use.




Delay, Deny, Defend


Book Description

An expose of insurance injustice and a plan for consumers and lawmakers to fight it Over the last two decades, insurance has become less of a safety net and more of a spider's web: sticky and complicated, designed to ensnare as much as to aid. Insurance companies now often try to delay payment of justified claims, deny payment altogether, and defend these actions by forcing claimants to enter litigation. Jay M. Feinman, a legal scholar and insurance expert, explains how these trends developed, how the government ought to fix the system, and what the rest of us can do to protect ourselves. He shows that the denial of valid claims is not occasional or accidental or the fault of a few bad employees. It's the result of an increasing and systematic focus on maximizing profits by major companies such as Allstate and State Farm. Citing dozens of stories of victims who were unfairly denied payment, Feinman explains how people can be more cautious when shopping for policies and what to do when pursuing a disputed claim. He also lays out a plan for the legal reforms needed to prevent future abuses. This exposé will help drive the discussion of this increasingly hot- button issue.




Avoiding Claims


Book Description