Model Contract Terms and Conditions with Annotations and Case Summaries


Book Description

ABOUT THIS BOOK This book assists the reader and provides value in three ways: First, model contract language in the form of commercial terms and conditions are provided. Second, the contract language is annotated with explanations and suggestions for each of the key articles. Third, summaries of actual litigated cases are provided in synopsis form. This triple combination of language, annotations and key case synopses all work together to instruct and enlighten the reader. WHAT OTHERS HAVE SAID ABOUT THIS BOOK "This book is a superb tool for anyone who relies upon contracts in their business dealings..." Nick Conca, Esq. Chief Claims Officer, Markel Corporation "The authors have hit the ball out of the park! They have crafted an easy to read and easy to understand contracts primer that all supply / demand chain professionals will embrace..." Dan Klepacki, MBA, BS Engineering Adjunct Professor - Rutgers Business School and Senior Industry Advisor Rutgers SCM Program "This book should be required reading for any Project Manager..." Frank V. Cielo, PMP Head of Operational Excellence KEMA Laboratories Chalfont DNV GL Energy "After having read Model Contract Terms and Conditions With Annotations and Case Studies, by Paul Humbert and Robert Mastice, I hope that this treatise becomes a standard manual in any situation where personnel have to develop and draft contracts in any business setting...." Glenn A. Montgonery, Esq., B.A., M.A., J.D. Montgomery, Chapin & Fetten, P.C. "Finally, a concise, annotated source of model contract terms and conditions with case summaries and citations prepared by those with actual, hands-on experience with complex project management transactions..." Glen Clark, Esq. Managing Partner Riker Danzig, Esqs. "The authors' practical experience and technical knowledge combine to provide a valuable guide for executives in the industry. This book contains valuable, real-world framework for successful capital project execution..." Guy Cipriano, P.E. President-EI Associates "Authors Paul Humbert and Robert Mastice do an exquisite job of simplifying and decomposing a complex topic in a pragmatic way..." Charlie White Entrepreneur & Principal Partner Thwakk, Inc "Contracts make the commercial world go round. The authors have done a stellar job of demystifying the contracting process, and what can be intimidating "legal" terms and conditions..." James A. Silva VP Solution & Business Development HD Supply - Power Solutions "Paul Humbert and Robert Mastice have written an invaluable resource for any business person or attorney who deals with commercial contracts. They provide section by section explanations of the purpose of, and rationale for, a wide range of common commercial contract provisions. Their commentary is illuminating for anyone who deals with those types of provisions. I have practiced law for more than 35 years. I wish that a resource like this had been available to me when I began to practice. I recommend it wholeheartedly to anyone, lawyer or non-lawyer, who would like to increase his or her understanding of commercial contracts." Richard Cogen, Esq. Partner Nixon Peabody, LLP OTHER BENEFITS OF THIS BOOK This book also facilitates the creation of a project or transaction specific Contract Management Plan. ("CMP"). A CMP is essentially an internal document prepared by either the Company or the Contractor for use by their respective employees in managing the transaction that is the subject of the Contract. The CMP is not shared with the other party since it deals exclusively with the internal considerations and mechanics associated with one party's administration and management of its rights and responsibilities under the Contract. The CMP supplements the Contract and also permits a documented methodology for applying lessons learned from past transactions.




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.




Understanding and Negotiating Book Publication Contracts


Book Description

"Copyright law and contract language are complex, even for attorneys and experts. Authors may be tempted to sign the first version of a publication contract that they receive, especially if negotiating seems complicated, intimidating, or risky. But there is a lot at stake for authors in a book deal, and it is well worth the effort to read the contract, understand its contents, and negotiate for favorable terms. To that end, Understanding and Negotiating Book Publication Contracts identifies clauses that frequently appear in publishing contracts, explains in plain language what these terms (and typical variations) mean, and presents strategies for negotiating "author-friendly" versions of these clauses. When authors have more information about copyright and publication options for their works, they are better able to make and keep their works available in the ways they want"--Publisher.




Contract and Risk Management for Supply Chain Management Professionals


Book Description

What Will This Book Do for You? This book provides a survival manual for anyone involved in the crafting, structuring, negotiating, supporting or managing contracts involving commercial transactions of goods, services or both. It blends the practical with general legal principles and highlights best practices for supply chain professionals and anyone else involved, directly or indirectly, with the generation or management of contracts from cradle-to-grave. Even commercially wise and sophisticated organizations can be untrained and unaware of certain gaps and traps in the management of their contracts. This book addresses those pitfalls and provides lessons learned and guidance that are not typically taught at the college or even graduate school level. Experience can be hard and expensive to come by and this book provides a concentrated dose of experience that immediately raises the reader's level of sophistication and awareness for gaps and traps while providing practical solutions to pitfalls that can haunt any organization. Left unchecked, these pitfalls can lead to dysfunction and confusion; both of which can be an expensive proposition in today's competitive and uncertain economic environment. Who Should Use this Book? Supply Chain Management Professionals, Risk Managers, Insurance Experts, Project Managers, Purchasing Agents, Contract Administrators, Executives and any business or technical professionals who are involved with developing, managing or implementing projects, purchases or any complex transaction or procurement where cost, schedule and scope certainty are important. What Does This Book Cover? This book covers how the relationship of the parties affects commercial transactions and addresses the importance of upholding the integrity of the process and the contract by understanding key supply chain best practices. The book focuses on contracting strategies and approaches including how to structure requests for proposals and instructions to bidders as well as key considerations in pricing and pricing adjustments, risk management tools and techniques, the importance of defining the deliverables and outcomes, negotiation strategies and techniques, negotiating warranties and remedies, applying leadership and influencing skills to the process, how to implement sound change management as well as capturing and applying past lessons learned. In addition, special attention is given to the importance of sound "kick off" and "close out", including termination for cause or convenience techniques and other best practices.




Basic Guide to the National Labor Relations Act


Book Description




Commercial Contracts


Book Description

In two comprehensive volumes, Commercial Contracts: Strategies for Drafting and Negotiating, Second Edition presents the insights and guidance of over 30 leading specialists, all experts in their fields. These noted authorities examine the growing influence of New York law on multi-jurisdictional transactions, discuss the general expectations of parties to commercial transactions, and identify critical issues that drafters and litigators need to consider when dealing with different types of agreements, from joint ventures and strategic alliances to government contracts, from employment agreements to shareholder agreements, and many others. By putting the expert analysis, practice tips and illustrative forms needed to draft or negotiate a contract in just hours within easy reach, Commercial Contracts: Strategies for Drafting and Negotiating makes laboring over voluminous contract law references a thing of the past. Each chapter focuses on a specific aspect of contract law or a particular kind of commercial agreement. The reference provides an extensive array of time-saving drafting tools for preparing transaction documents or closing the deal more quickly and with less effort, including: In-depth drafting suggestions and sample documents Practical guidance from seasoned experts in each area of the law Quotes from rulings, citations to cases, law reviews and other works Detailed checklists and forms Extracts from relevant laws and regulations Case and statutory references And much more




The Economic Analysis of Civil Law


Book Description

This comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.




Economic Analysis of the DCFR


Book Description

The Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars. The Group looked at the main elements of the DCFR with two questions in mind: from an economic perspective, is it sensible to harmonize private law across Europe for this specific element, and is the solution chosen in the DCFR optimal? This book presents the outcome of the work of the EIG. It deals with key issues such as the function of contract law, contract formation, good faith, non-discrimination, specific performance versus damages, standard contractual terms and consumer protection in contract law. The EIG complements the work of the drafters of the DCFR with insightful and critical assessments, based on the well-established law and economics literature.







The Revenue Assurance Standards - Release 2009 Paperback


Book Description

The long awaited guide to the practice of modern telco revenue assurance. Ratified by the GRAPA membership and available to the public for the first time. Learn what revenue assurance is, how it is practiced and how to make it more effective.