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Understanding and Negotiating Construction Contracts

Author : Kit Werremeyer

Publisher : John Wiley & Sons

Page : 390 pages

File Size : 16,81 MB

Release : 2023-07-19

Category : Law

ISBN : 1394150202

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Book Description

Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.



A Short Guide to Contract Risk

Author : Helena Haapio

Publisher : Routledge

Page : 149 pages

File Size : 36,79 MB

Release : 2017-03-02

Category : Law

ISBN : 1351961845

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Book Description

Savvy managers no longer look at contracting processes and documents reactively but use them proactively to reach their business goals and minimize their risks. To succeed, these managers need a framework and A Short Guide to Contract Risk provides this. The foundation of identifying and managing contract risk is what the authors call Contract Literacy: a set of skills relevant for all who deal with contracts in their everyday business environment, ranging from general managers and CEOs to sales, procurement and project professionals and risk managers. Contracts play a major role in business success. Contracts govern companies' deals and relationships with their suppliers and customers. They impact future rights, cash flows, costs, earnings, and risks. A company's contract portfolio may be subject to greater losses than anyone realizes. Still the greatest risk in business is not taking any risks. Equipped with the concepts described in this book, business and risk managers can start to see contracts differently and to use them to find and achieve the right balance for business success and problem prevention. What makes this short guide from the authors of the acclaimed Proactive Law for Managers especially valuable, if not unique, is its down-to-earth managerial/legal approach. Using lean contracting, visualization and the tools introduced in this book, managers and lawyers can achieve legally sound contracts that function as managerial tools for well thought-out, realistic risk allocation in business deals and relationships.



Contractual Risk Transfer

Author : Patrick J. Wielinski

Publisher :

Page : pages

File Size : 19,83 MB

Release : 2007-12

Category : Indemnity against liability

ISBN :

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Contractual Risk Transfer

Author : Patrick J. Wielinski

Publisher :

Page : pages

File Size : 21,63 MB

Release : 2004

Category : Indemnity against liability

ISBN :

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Construction Business Handbook

Author : Robert Frank Cushman

Publisher : Aspen Publishers

Page : 0 pages

File Size : 21,10 MB

Release : 2004

Category : Construction contracts

ISBN : 9780735536807

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Book Description

New Know the ins and outs of business and legal issues facing the construction industry. This comprehensive guide saves valuable research time by having all relevant information regarding business, contracting and legal issues available at your fingertips. Over 50 construction attorneys and professionals contribute their years of knowledge and experience on issues such as: taxes, insurance, finance, bonds, contract analysis and procurement, contract rights, handling claims, arbitration and bankruptcy.



Contractual Risk Transfer

Author : Patrick J. Wielinski

Publisher :

Page : 1000 pages

File Size : 23,35 MB

Release : 1995

Category : Indemnity against liability

ISBN : 9781886813229

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The FIDIC Forms of Contract

Author : Nael G. Bunni

Publisher : John Wiley & Sons

Page : 731 pages

File Size : 42,69 MB

Release : 2013-02-05

Category : Law

ISBN : 1118658655

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Book Description

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.



Risk Quantification

Author : Laurent Condamin

Publisher : John Wiley & Sons

Page : 286 pages

File Size : 10,28 MB

Release : 2007-01-30

Category : Business & Economics

ISBN : 0470060433

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Book Description

This book offers a practical answer for the non-mathematician to all the questions any businessman always wanted to ask about risk quantification, and never dare to ask. Enterprise-wide risk management (ERM) is a key issue for board of directors worldwide. Its proper implementation ensures transparent governance with all stakeholders’ interests integrated into the strategic equation. Furthermore, Risk quantification is the cornerstone of effective risk management,at the strategic and tactical level, covering finance as well as ethics considerations. Both downside and upside risks (threats & opportunities) must be assessed to select the most efficient risk control measures and to set up efficient risk financing mechanisms. Only thus will an optimum return on capital and a reliable protection against bankruptcy be ensured, i.e. long term sustainable development. Within the ERM framework, each individual operational entity is called upon to control its own risks, within the guidelines set up by the board of directors, whereas the risk financing strategy is developed and implemented at the corporate level to optimise the balance between threats and opportunities, systematic and non systematic risks. This book is designed to equip each board member, each executives and each field manager, with the tool box enabling them to quantify the risks within his/her jurisdiction to all the extend possible and thus make sound, rational and justifiable decisions, while recognising the limits of the exercise. Beyond traditional probability analysis, used since the 18th Century by the insurance community, it offers insight into new developments like Bayesian expert networks, Monte-Carlo simulation, etc. with practical illustrations on how to implement them within the three steps of risk management, diagnostic, treatment and audit. With a foreword by Catherine Veret and an introduction by Kevin Knight.



What We Owe Each Other

Author : Minouche Shafik

Publisher : Princeton University Press

Page : 256 pages

File Size : 44,2 MB

Release : 2022-08-23

Category : Business & Economics

ISBN : 069120764X

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Book Description

From one of the leading policy experts of our time, an urgent rethinking of how we can better support each other to thrive Whether we realize it or not, all of us participate in the social contract every day through mutual obligations among our family, community, place of work, and fellow citizens. Caring for others, paying taxes, and benefiting from public services define the social contract that supports and binds us together as a society. Today, however, our social contract has been broken by changing gender roles, technology, new models of work, aging, and the perils of climate change. Minouche Shafik takes us through stages of life we all experience—raising children, getting educated, falling ill, working, growing old—and shows how a reordering of our societies is possible. Drawing on evidence and examples from around the world, she shows how every country can provide citizens with the basics to have a decent life and be able to contribute to society. But we owe each other more than this. A more generous and inclusive society would also share more risks collectively and ask everyone to contribute for as long as they can so that everyone can fulfill their potential. What We Owe Each Other identifies the key elements of a better social contract that recognizes our interdependencies, supports and invests more in each other, and expects more of individuals in return. Powerful, hopeful, and thought-provoking, What We Owe Each Other provides practical solutions to current challenges and demonstrates how we can build a better society—together.



Public-Private Partnership Projects in Infrastructure

Author : Jeffrey Delmon

Publisher : Cambridge University Press

Page : 257 pages

File Size : 22,83 MB

Release : 2011-01-31

Category : Business & Economics

ISBN : 1139494716

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Book Description

Investment in infrastructure is critical to economic growth, quality of life, poverty reduction, access to education, healthcare, and achieving many of the goals of a robust economy. But infrastructure is difficult for the public sector to get right. Public-private partnerships (PPPs) can help; they provide more efficient procurement, focus on consumer satisfaction and life cycle maintenance, and provide new sources of investment, in particular through limited recourse debt. But PPPs present challenges of their own. This book provides a practical guide to PPPs for policy makers and strategists, showing how governments can enable and encourage PPPs, providing a step-by-step analysis of the development of PPP projects, and explaining how PPP financing works, what PPP contractual structures look like, and how PPP risk allocation works in practice. It includes specific discussion of each infrastructure sector, with a focus on the strategic and policy issues essential for successful development of infrastructure through PPPs.