International construction contract law / / Lukas Klee

• Autore: Klee Lukas
• Pubblicazione: Hoboken : , : Wiley-Blackwell, , 2015
• Edizione: 1st ed.
• Descrizione fisica: 1 online resource (563 p.)
• Disciplina: 343.07/8624
• Soggetto topico: Conflict of laws - Contracts; Construction contracts; Contracts (International law)
• Classificazione: LAW019000
• Note generali: Includes index.
• Nota di bibliografia: Includes bibliographical references and index.
• Nota di contenuto: Cover; Title Page; Copyright; Contents; About the Author; Foreword; Acknowledgements; Introductory Remarks; Introductory Remarks; Introductory Remarks; Chapter 1 International Construction Projects; 1.1 The unique nature of the construction industry; 1.2 Individuality of construction projects; 1.3 Roles and relationships; 1.3.1 Contractors; 1.3.2 Designers; 1.3.3 Regulators; 1.3.4 Employers; 1.3.5 Users; 1.4 Contract administration: The Engineer; 1.4.1 The Engineer; The Engineer's certifications and fair determinations; The Engineer's responsibilities and liabilities ; 1.5 Further important aspects of construction projects 1.5.1 Overlap of construction project phases; 1.5.2 Admissibility of variations and the need for variation management; 1.6 Typical contractual relationships; 1.7 Motivation for international business; 1.8 Managerial analyses; 1.9 Hazards and risks; 1.10 Hazard identification; 1.11 Risk analysis; 1.12 Anti-risk measures; 1.12.1 Take; 1.12.2 Treat; 1.12.3 Transfer; 1.12.4 Terminate; 1.13 Typical hazards in the international construction business; 1.14 Risk allocation in contracts; 1.15 Form of business organization ; 1.15.1 Representative office and domestic or foreign subsidiary 1.15.2 The consortium and the joint venture in construction; 1.15.3 The consortium; 1.15.4 The joint venture; ARGE; References; Further reading; Chapter 2 Civil Law and Common Law; 2.1 Specifics of the governing law; 2.2 Common law versus civil law: Differences and interconnections; 2.3 Delay damages (liquidated damages) versus contractual penalty; 2.4 Substantial completion versus performance; 2.4.1 Taking-over of the works; 2.5 Binding nature of adjudication awards; 2.6 Limitation of liability ; 2.7 Lapse of claim due to its late notification (time bars)2.8 Allocation of unforeseeable and uncontrollable risk to the contractor; 2.8.1 Principle of good faith (good manners) protection; 2.8.2 Imprévision; 2.8.3 Protection of the weaker party; 2.8.4 Force majeure; 2.8.5 Hardship; 2.8.6 Frustration of purpose; 2.8.7 Impossibility; 2.8.8 Impracticability; 2.9 Contract administration (The Engineer's neutrality and duty to certify); 2.10 Termination in convenience; 2.11 Time-related issues; 2.11.1 Delay; 2.11.2 Disruption; 2.11.3 Ownership of floats; 2.11.4 Time at large and Extension of Time ; 2.11.5 Concurrent delay 2.11.6 Constructive acceleration; 2.12 Quantification of claims; 2.12.1 Headquarters overhead claims; 2.12.2 Global claims; 2.13 Statutory defects liability; 2.14 Performance responsibility: reasonable skill and care versus fitness for purpose; 2.15 Common law, civil law and Sharia interconnections; References; Further reading; Website; Chapter 3 Common Delivery Methods; 3.1 Common delivery methods: Main features; 3.1.1 Design responsibility; 3.1.2 Contract price determination; 3.1.3 Contract administration; 3.1.4 Risk allocation and admission of claims ; 3.2 General contracting
• Sommario/riassunto: "Large international construction projects often have a range of major contractors, subcontractors and consultants based in different parts of the world and working to different legal theories and understandings. This can lead to confusion in the understanding, interpretation and execution of the construction contract, which can result in significant disruption to the construction project. International Construction Contract Law is written for anyone who needs to understand the legal and managerial aspects of large international construction projects, including consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide. In 18 chapters it provides a thorough overview of civil law /common law interrelationships, delivery methods, standard forms of contract, risk allocation, variations, claims and dispute resolution, all in the context of international construction projects. Highly practical in approach - it introduces legal analysis only when absolutely essential to understanding, the book also contains a range of useful appendices, including a 10-language basic dictionary of terms used in FIDIC forms"--
• Titolo autorizzato: International construction contract law
• ISBN: 1-118-71789-9; 1-118-71786-4; 1-118-71788-0
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Lingua di pubblicazione: Inglese
• Record Nr.: 9910140509103321
• Lo trovi qui: Univ. Federico II