False Claims in Construction Contracts


Book Description




Smith, Currie & Hancock's Federal Government Construction Contracts


Book Description

Federal Construction Law for Construction Professionals Any firm intent on benefitting from the boom in federal government construction contracts must navigate an increasingly complicated and demanding set of laws, regulations, and practices that govern these projects and the contractors performing them. To help guide you through this maze, here is the updated edition of the easy-to-understand guide to the practical reality of these special requirements, and how managers and owners of construction industry firms can use them to effectively avoid pitfalls on current projects and compete successfully for new projects. Smith, Currie & Hancock's Federal Government Construction Contracts, Second Edition walks the reader through actual federal contracts, highlights critical clauses, and simplifies governmental and legal jargon to provide ease of use by the nonlawyer. Updates to this Second Edition include: Coverage of the newly enacted American Recovery and Reinvestment Act of 2009 Specifics of federal government grants to state and local public construction contracts New insights on Design-Build, Early Contractor Involvement (ECI), BIM, Green Construction, and Web-based project management techniques used by the federal government A revised look at the increasingly detailed business ethics and compliance program requirements for contractors and subcontractors as mandated by the federal government for its contractors A unique Web site at www.wiley.com/go/federalconstructionlaw provides the user with a Table of Acronyms and Terms commonly found in federal government contracts, an extensive list of Web sites of interest to federal government construction contractors, checklists, sample forms, as well as specifications related to innovations in project delivery By making transparent the many rights, risks, and legal responsibilities involved in a federal government construction project, Smith, Currie & Hancock's Federal Government Construction Contracts, Second Edition provides construction industry professionals from general contractors, subcontractors, and designers to surety bond agents with the insight and understanding they need to avoid problems and run a successful project from start to finish.




Delay and Disruption in Construction Contracts


Book Description

Delay and disruption in the course of construction impacts upon building projects of any scale. Now in its 5th edition Delay and Disruption in Construction Contracts continues to be the pre-eminent guide to these often complex and potentially costly issues and has been cited by the judiciary as a leading textbook in court decisions worldwide, see, for example, Mirant v Ove Arup [2007] EWHC 918 (TCC) at [122] to [135] per the late His Honour Judge Toulmin CMG QC. Whilst covering the manner in which delay and disruption should be considered at each stage of a construction project, from inception to completion and beyond, this book includes: An international team of specialist advisory editors, namely Francis Barber (insurance), Steve Briggs (time), Wolfgang Breyer (civil law), Joe Castellano (North America), David-John Gibbs (BIM), Wendy MacLaughlin (Pacific Rim), Chris Miers (dispute boards), Rob Palles-Clark (money), and Keith Pickavance Comparative analysis of the law in this field in Australia, Canada, England and Wales, Hong Kong, Ireland, New Zealand, the United States and in civil law jurisdictions Commentary upon, and comparison of, standard forms from Australia, Ireland, New Zealand, the United Kingdom, USA and elsewhere, including two major new forms New chapters on adjudication, dispute boards and the civil law dynamic Extensive coverage of Building Information Modelling New appendices on the SCL Protocol (Julian Bailey) and the choice of delay analysis methodologies (Nuhu Braimah) Updated case law (to December 2014), linked directly to the principles explained in the text, with over 100 helpful "Illustrations" Bespoke diagrams, which are available for digital download and aid explanation of multi-faceted issues This book addresses delay and disruption in a manner which is practical, useful and academically rigorous. As such, it remains an essential reference for any lawyer, dispute resolver, project manager, architect, engineer, contractor, or academic involved in the construction industry.




Construction Delay Claims


Book Description

Contracts can be your first line of defense against delays. But they have tobe drafted very carefully. Construction Delay Claims gives youan in-depth analysis of all the pertinent clauses and details what they canand can't do to minimize delays and avoid litigation.Construction Delay Claims, Fourth Edition, by Barry B. Brambleand Michael T. Callahan is written for everyone involved with delay and impactconstruction claims--the most common form of disputes in the constructionindustry. You'll find that this resource presents the most thorough, detailedreview of delay claims liability available, including a complete descriptionof the entire process for filing and pursuing claims along with more than1,950 cases and analyses.Construction Delay Claims gives you the information you need todetermine your best course of action. The book presents detailed knowledgedrawn from the authors' thirty-five years of experience in the industry.You'll learn how to anticipate delays and mitigate damages through the use ofadvanced planning and immediate responses by the parties involved. You'll alsoreceive helpful instructions about the best use of construction schedules toavert delays, or to prove their impact if they do occur.Construction Delay Claims keeps you completely up-to-date withthe changes in the construction industry, and the construction litigationprocess. Coverage includes:Effective ways to challenge a claimant's use of the Total Cost Method ofCalculationThe effectiveness of "no damages for delay" clausesThe use of ADR methods to resolve delay claimsThe meaning and implication of concurrent delaysCumulative impact effect of multiple change ordersThe impact and probability of delays in design-build, construction management,and multiple prime contractingLatest research into the effect and measurement of lost productivityThe most recent assessments of how states are applying the Eichleayformula




Professional Ethics for the Construction Industry


Book Description

This second edition of Professional Ethics for the Construction Industry empowers a new generation of built environment professionals to navigate the ethical challenges confronting them at every stage of a project, from the initial bid to its completion and beyond. Authored by a pair of veteran educators and industry professionals, this textbook introduces ethical dilemmas aspiring construction professionals will face on the job—and the critical thinking skills to reason their way out of them. Written to meet curriculum requirements for all levels of construction education, this book explores ethics specific to the construction industry, illustrated by detailed and realistic case studies. All-new chapters on privacy, cutting-edge technologies, and pandemic-era worker protections complement chapters on perennial ethical issues surrounding the environment, client relationships, and more. Features include: Completely revised and updated to reflect changes in construction technology, workforce composition, and working environments. Updated to include new chapters on social media, privacy and technology, and construction during a disease outbreak or natural disaster. Ideal reading for courses in professional ethics, leadership, construction law, workforce readiness, and continuing education. Downloadable instructor's manual with commentary on scenarios provided at the end of each chapter. As vital on the jobsite as in the classroom, Professional Ethics for the Construction Industry guides aspiring design and construction professionals through the thorniest on-the-job conundrums.




Smith, Currie & Hancock's Common Sense Construction Law


Book Description

The #1 construction law guide for construction professionals Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate risks—whether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems. Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more. Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD) Presents new coverage of digital tools and processes including Electronically Stored Information (ESI) Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting Filled with checklists, sample forms, and summary “Points to Remember” for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.







Construction Change Order Claims


Book Description

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!