DOCSLIB.ORG

Construction & Engineering Law 2017

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Construction & Engineering Law 2017 ICLG The International Comparative Legal Guide to: Construction & Engineering Law 2017 4th Edition A practical cross-border insight into construction and engineering law Published by Global Legal Group, with contributions from: Advokatbyrån Hellgren Linander AB Matheson Advokatfirmaet Thommessen AS Mattos Filho, Veiga Filho, Marrey Jr e Allen & Gledhill LLP Quiroga Advogados Ashurst Melnitsky & Zakharov, Attorneys-at-Law City Development Law Firm Moravčević Vojnović i Partneri in cooperation Clyde & Co with Schoenherr COMAD, S.C. Nagashima Ohno & Tsunematsu Deacons Norton Rose Fulbright South Africa Inc. Duane Morris LLP Osterling Abogados FALM – Sociedade de Advogados, SP, RL Rose LLP Galadari Advocates & Legal Consultants SBH Law Office Kachwaha & Partners Simmons & Simmons LLP Kyriakides Georgopoulos Law Firm Skrine Lahsen & Cía. Abogados Stassen LLP Rechtsanwälte und Notare Makarim & Taira S. TUGA|ARAT Law Offices Mäkitalo Rantanen & Co Ltd, Attorneys-at-Law Wintertons Legal Practitioners The International Comparative Legal Guide to: Construction & Engineering Law 2017 General Chapters: 1 Some Thoughts on Contractual Interpretation – Tim Reid, Ashurst 1 2 Construction Insights in Africa: A Short Comparative Guide – Richard Dyton, Simmons & Simmons LLP 4 Country Question and Answer Chapters: Contributing Editor Tim Reid, Ashurst 3 Australia Clyde & Co: Kon Nakousis & Teodor Lomaca 10 Sales Director 4 Belarus SBH Law Office: Alexander Filipishin & Vitaly Tvardovskiy 20 Florjan Osmani 5 Brazil Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados: Account Director Oliver Smith Eduardo Damião Gonçalves & Thiago Moreira 28 Sales Support Manager 6 Canada Rose LLP: Peter A.K. Vetsch & Courtney C. Kachur 37 Paul Mochalski 7 Chile Lahsen & Cía. Abogados: Eduardo Lahsen Matus de la Parra Sub Editor & Pedro Mery Reyes 44 Hollie Parker Senior Editors 8 China City Development Law Firm: Cao Shan 51 Suzie Levy, Rachel Williams 9 England Ashurst: Tim Reid & Michael J. Smith 57 Chief Operating Officer Dror Levy 10 Finland Mäkitalo Rantanen & Co Ltd, Attorneys-at-Law: Aimo Halonen Group Consulting Editor & Ieva Kovarskyte 69 Alan Falach 11 Germany Stassen LLP Rechtsanwälte und Notare: Anne Schoenbrunn Publisher & Florian Diestelmann 74 Rory Smith 12 Greece Kyriakides Georgopoulos Law Firm: Elisabeth Eleftheriades Published by Global Legal Group Ltd. & Kimon Tsakiris 81 59 Tanner Street London SE1 3PL, UK 13 Hong Kong Deacons: Kwok Kit Cheung 89 Tel: +44 20 7367 0720 Fax: +44 20 7407 5255 14 India Kachwaha & Partners: Sumeet Kachwaha & Dharmendra Rautray 95 Email: [email protected] URL: www.glgroup.co.uk 15 Indonesia Makarim & Taira S.: Heru Mardijarto & Alexandra Gerungan 102 GLG Cover Design 16 Ireland Matheson: Rhona Henry & Nicola Dunleavy 109 F&F Studio Design 17 Japan Nagashima Ohno & Tsunematsu: Naoki Iguchi 118 GLG Cover Image Source iStockphoto 18 Malaysia Skrine: Janice Tay & Richard Khoo 124 Printed by 19 Mexico COMAD, S.C.: Roberto Hernández García Ashford Colour Press Ltd. July 2017 & Adrián Roberto Villagómez Alemán 131 Copyright © 2017 20 Norway Advokatfirmaet Thommessen AS: Jacob F. Bull & Henrik Møinichen 137 Global Legal Group Ltd. 21 Peru Osterling Abogados: Gabriel Loli León & Miguel Delgado Ramos 145 All rights reserved No photocopying 22 Portugal FALM – Sociedade de Advogados, SP, RL: António André Martins ISBN 978-1-911367-62-8 & Joana Maltez 151 ISSN 2054-7560 23 Russia Melnitsky & Zakharov, Attorneys-at-Law: Semion Melnitsky & Olga Kruglova 156 Strategic Partners 24 Serbia Moravčević Vojnović i Partneri in cooperation with Schoenherr: Slaven Moravčević & Ivana Panić 166 25 Singapore Allen & Gledhill LLP: Ho Chien Mien 173 26 South Africa Norton Rose Fulbright South Africa Inc.: Emmanuel Tivana & Daniel McConnell 180 27 Sweden Advokatbyrån Hellgren Linander AB: Bo Linander & Mikael Lindberg 186 28 Turkey TUGA|ARAT Law Offices: Şeref Can Arat & Umut Tuğa 192 29 United Arab Emirates Galadari Advocates & Legal Consultants: Thanos Karvelis & Niel Coertse 200 30 USA Duane Morris LLP: Charles B. Lewis & Jeffrey L. Hamera 207 31 Zimbabwe Wintertons Legal Practitioners: Edmore Jori & Farai Chigavazira 215 Further copies of this book and others in the series can be ordered from the publisher. Please call +44 20 7367 0720 Disclaimer This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations. WWW.ICLG.COM EDITORIAL Welcome to the fourth edition of The International Comparative Legal Guide to: Construction & Engineering Law. This guide provides corporate counsel and international practitioners with a comprehensive worldwide legal analysis of construction and engineering laws and regulations. It is divided into two main sections: Two general chapters. These chapters focus on: contractual interpretation; and construction insights in Africa. Country question and answer chapters. These provide a broad overview of common issues in construction and engineering laws and regulations in 29 jurisdictions. All chapters are written by leading construction and engineering lawyers and industry specialists and we are extremely grateful for their excellent contributions. Special thanks are reserved for the contributing editor Tim Reid of Ashurst for his invaluable assistance. Global Legal Group hopes that you find this guide practical and interesting. The International Comparative Legal Guide series is also available online at www.iclg.com. Alan Falach LL.M. Group Consulting Editor Global Legal Group [email protected] Chapter 1 Some Thoughts on Contractual Interpretation Ashurst Tim Reid of claims or complaints registered with the FSA, the Financial Introduction Services Ombudsman or any other Authority against the Company, the Sellers or any Relevant Person and which relate to the period Contracts in the construction and engineering sector typically prior to the Completion Date pertaining to any mis-selling or contain a number of different contractual mechanisms to manage suspected mis-selling of any insurance or insurance related product risk, including warranties, indemnities, and limitation and exclusion or service.” clauses. In Wood v Capita Insurance Services Limited [2017] UKSC 24, the English Supreme Court was asked to rule on It was accepted by all that the clause was open to interpretation. the meaning of an indemnity provision forming part of such a Competing interpretations were argued for: complex risk allocation regime. Although not a construction case, BY CAPITA BY THE SELLERS the decision is useful as it illustrates the current approach of the (1) all actions, proceedings, (1) all actions, proceedings, English courts towards contractual interpretation when a clause has losses, claims, damages, costs, losses, claims, damages, costs, competing meanings. charges, expenses and liabilities charges, expenses and liabilities suffered or incurred, and suffered or incurred, and In line with the principles most recently restated by the Supreme (2) all fines, compensation or (2) all fines, compensation or Court in Arnold v Britton [2015] UKSC 36, the Supreme Court remedial action or payments remedial action or payments confirmed that the court will look to both the language used imposed on or required to be imposed on or required to be (textualism) and the commercial context in which it was drafted made by the Company following made by the Company (contextualism) in order to ascertain the objective meaning of the and arising out of claims or [and in each case:] clause in question. The decision demonstrates the importance complaints registered with the FSA, the Financial Services A. following and arising out of of careful drafting and of ensuring that your contract works as a Ombudsman or any other claims or complaints registered cohesive whole. Authority against the Company, with the FSA, the Financial the Sellers or any Relevant Services Ombudsman or any Person other Authority against the Company, the Sellers or any Background (3) and [in the case of both (1) Relevant Person and (2)] which relate to the B. (i) and which relate to the Capita bought a specialist classic car insurance company (the period prior to the Completion Date pertaining to any mis-selling period prior to the Completion ‘Company’) from Mr. Wood and two others (the ‘Sellers’) under or suspected mis-selling of any Date (ii) pertaining to any mis- a sale and purchase agreement (the ‘SPA’). Under the terms of the insurance or insurance related selling or suspected mis-selling SPA, the Sellers: product or service. of any insurance or insurance related product or service. ■ Gave warranties to the effect that the Company was not in breach of any regulations or laws and they were unaware of any action or claims against it. Written notice of a warranty The Sellers’ more restrictive interpretation would mean Capita claim had to be given to the Sellers within two years, could not recover under the indemnity unless there had been a claim otherwise they were time-barred. made against the Company, or a complaint registered. Since Capita ■ Indemnified Capita in respect of losses derived from the mis- had referred the Company themselves to the
Load more

Recommended publications
  • Tol, Xeer, and Somalinimo: Recognizing Somali And
    Tol , Xeer , and Somalinimo : Recognizing Somali and Mushunguli Refugees as Agents in the Integration Process A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF THE UNIVERSITY OF MINNESOTA BY Vinodh Kutty IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY David M. Lipset July 2010 © Vinodh Kutty 2010 Acknowledgements A doctoral dissertation is never completed without the help of many individuals. And to all of them, I owe a deep debt of gratitude. Funding for this project was provided by two block grants from the Department of Anthropology at the University of Minnesota and by two Children and Families Fellowship grants from the Annie E. Casey Foundation. These grants allowed me to travel to the United Kingdom and Kenya to conduct research and observe the trajectory of the refugee resettlement process from refugee camp to processing for immigration and then to resettlement to host country. The members of my dissertation committee, David Lipset, my advisor, Timothy Dunnigan, Frank Miller, and Bruce Downing all provided invaluable support and assistance. Indeed, I sometimes felt that my advisor, David Lipset, would not have been able to write this dissertation without my assistance! Timothy Dunnigan challenged me to honor the Somali community I worked with and for that I am grateful because that made the dissertation so much better. Frank Miller asked very thoughtful questions and always encouraged me and Bruce Downing provided me with detailed feedback to ensure that my writing was clear, succinct and organized. I also have others to thank. To my colleagues at the Office of Multicultural Services at Hennepin County, I want to say “Thank You Very Much!” They all provided me with the inspiration to look at the refugee resettlement process more critically and dared me to suggest ways to improve it.
    [Show full text]
  • Florida Construction Law Compendium
    STATE OF FLORIDA CONSTRUCTION LAW COMPENDIUM Prepared by William F. Fink Wicker, Smith, O’Hara, McCoy & Ford, P.A. Grove Plaza Building, 5th Floor 2900 Middle Street (S.W. 28th Terrace) Miami, FL 33133 (305) 448-3939 www.wickersmith.com P. David Brannon Carr Allison 305 S. Gadsden Street Tallahassee, FL 32301 (850) 222-2107 www.carrallison.com Revised 2012 This outline includes a general overview of Florida’s construction law. The discussion of any particular topic is not an exhaustive analysis of all the statutory or common law related to the particular topic but is intended to give a general understanding of the issues. Please consult one of the Florida based USLAW attorneys for assistance with any specific fact pattern and/or issue. I. Breach of Contract Claims I-A: Choice of Law Clauses Florida recognizes a cause of action in the construction context for breach of contract claims. See Metrics Systems Corporation v. McDonald Douglas Corporation, 850 F. Supp. 1568 (N.D.Fla. 1994). The issue of liability is determined on a case by case basis dependant upon the language of the contract at issue. Typically, Florida law will apply to a Florida contract, especially when the terms of the contract itself dictate that Florida law will apply. However, under Florida law, “the law chosen by the contract applies so long as ‘there is a reasonable relationship between the contract and the state whose law is selected and the selected law does not conflict with Florida law or confer an advantage on a non-resident party which a Florida resident does not have.’” Id.
    [Show full text]
  • Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and Licensure
    THE STATE OF TEXAS TEXAS ENGINEERING AND LAND SURVEYING PRACTICE ACTS AND RULES CONCERNING PRACTICE AND LICENSURE TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS 1917 S. INTERSTATE 35 AUSTIN, TX 78741-3702 Email: [email protected] Website: http://pels.texas.gov Lines to the left of the text indicate rules which have changed since the last publication was released on March 15, 2020. Changes to tables are indicated with a gray background. Changes effective September 30, 2020 Official statute text available at: TBPELS Engineers’ Occupations Code: https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1001.htm TBPELS Surveyors’ Occupations Code: https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1071.htm TBPELS Acts and Rules Page 1 of 108 Effective September 30, 2020 Table of Contents OCCUPATIONS CODE........................................................................................................................................ 10 TITLE 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING, AND RELATED PRACTICES ...................................................................................................................................... 10 SUBTITLE A. REGULATION OF ENGINEERING AND RELATED PRACTICES .................................. 10 CHAPTER 1001. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS ........ 10 SUBCHAPTER A. GENERAL PROVISIONS ................................................................................................... 10 § 1001.001. SHORT TITLE. ...........................................................................................................................................
    [Show full text]
  • Civil and Environmental Engineering 1
    Civil and Environmental Engineering 1 CIV_ENV 306-0 Uncertainty Analysis (1 Unit) CIVIL AND ENVIRONMENTAL Probability, statistics, and decision theory. Discrete and continuous random variables, marginal and conditional distributions, moments, ENGINEERING statistical model selection and significance tests, hypothesis testing, and elementary Bayesian decision theory. Application to problems in soil Degree Types: PhD, MS mechanics, water resources, transportation, and structures. The Department of Civil and Environmental Engineering (https:// CIV_ENV 314-0 Organic Geochemistry (1 Unit) www.mccormick.northwestern.edu/civil-environmental/graduate/) offers The sources and fates of organic matter in the natural environment; MS and PhD degrees in environmental engineering and science, global cycling of organic carbon; applications to the study of modern and geotechnics, transportation systems analysis and planning, MS in ancient environments. Taught with EARTH 314-0; may not receive credit structural engineering and a PhD degree in mechanics, materials, and for both courses. structures. Prerequisites: 1 course in earth and planetary sciences or environmental sciences; 1 course in chemistry. Both MS and PhD degree programs provide a strong background in CIV_ENV 317-0 Biogeochemistry (1 Unit) the theory and practice of modern civil and environmental engineering Cycling of biogenic elements (C, N, S, Fe, Mn) in surficial environments. through formal course and research requirements. Each student's Emphasis on microbial processes and isotopic signatures. program is designed to suit his or her interests and previous education. Prerequisites: 1 quarter of chemistry; 1 quarter of geoscience, environmental sciences, or biological sciences. The MS program emphasizes enhancement of professional skills, knowledge, and research techniques. The PhD is a research degree CIV_ENV 318-0 Mechanics of Fracture (1 Unit) involving novel, creative, and extensive approaches to problem solving.
    [Show full text]
  • Handling Surety Performance Bond and Payment Bond Claims
    HANDLING SURETY PERFORMANCE BOND AND PAYMENT BOND CLAIMS R. James Reynolds, Jr. PHILADELPHIA OFFICE CENTRAL PA OFFICE The Curtis Center MARGOLIS P.O. Box 628 170 S. Independence Mall W. Hollidaysburg, PA 16648 Suite 400E 814-659-5064 Philadelphia, PA 19106-3337 EDELSTEIN 215-922-1100 R. James Reynolds, Jr., Esquire SOUTH NEW JERSEY OFFICE (Harrisburg Office) 100 Century Parkway PITTSBURGH OFFICE 3510 Trindle Road Suite 200 525 William Penn Place Mount Laurel, NJ 08054 Suite 3300 Camp Hill, PA 17011 856-727-6000 Pittsburgh, PA 15219 717-975-8114 412-281-4256 FAX 717-975-8124 NORTH NEW JERSEY OFFICE Connell Corporate Center [email protected] WESTERN PA OFFICE Three Hundred Connell Drive 983 Third Street Suite 6200 Beaver, PA 15009 Berkeley Heights, NJ 07922 724-774-6000 908-790-1401 SCRANTON OFFICE DELAWARE OFFICE 220 Penn Avenue 750 Shipyard Drive Suite 305 Suite 102 Scranton, PA 18503 Wilmington, DE 19801 570-342-4231 302-888-1112 www.margolisedelstein.com TABLE OF CONTENTS Page I. Introduction 1 II. Performance Bonds 2 III. Payment Bonds 20 I. Introduction A. What is a surety bond? 1. A surety bond is a three-party agreement between the principal, the obligee, and the surety in which the surety agrees to uphold, for the benefit of the obligee, the contractual obligations of the principal if the principal fails to do so. 2. If the principal fulfills its contractual obligations, the surety's obligation is void. However, if the principal defaults on the underlying contract, the obligee can make a claim against the surety under the surety bond.
    [Show full text]
  • An Introduction to Building Contracts: an Irish Context
    Technological University Dublin ARROW@TU Dublin School of Surveying and Construction Other Resources Management 2016-12-04 An Introduction to Building Contracts: an Irish Context Tony Cunningham Technological University Dublin, [email protected] Follow this and additional works at: https://arrow.tudublin.ie/beschreoth Part of the Construction Engineering Commons Recommended Citation Cunningham, T. (2016) An Introduction to Building Contracts: An Irish Context. Dublin Institute of Technology 2016. doi:10.21427/jeah-bt98 This Review is brought to you for free and open access by the School of Surveying and Construction Management at ARROW@TU Dublin. It has been accepted for inclusion in Other Resources by an authorized administrator of ARROW@TU Dublin. For more information, please contact [email protected], [email protected]. This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 4.0 License AN INTRODUCTION TO BUILDING CONTRACTS: AN IRISH CONTEXT Tony Cunningham School of Surveying and Construction Management Dublin Institute of Technology, Bolton Street, Dublin 1 December 2016 Introduction A contract is an agreement which is capable of being enforced at law and whose essential characteristic is that of a bargain. Contract law focuses predominantly on commercial transactions and in the construction context these range from simple every-day transactions such as purchasing a box of nails to procuring multi-million euro building facilities. In Ireland construction clients typically engage designers and quantity surveyors to formulate designs and they subsequently contract with building contractors to construct the designs. The contractors, in turn, typically outsource much of the work to subcontractors and order materials from numerous suppliers.
    [Show full text]
  • Construction Law Jury Instructions
    INDEX CONSTRUCTION LAW JURY INSTRUCTIONS A. The Contract Corresponding WPI 1.1 Contract Definition 301.01 1.2 Offer and Acceptance 301.03 1.3 Intent of the Parties 301.05 1.4 Parole Evidence 301.06 1.5 Quasi Contract 301A.02 B. Mistakes 2.1 Mutual Mistake 301.08 2.2 Unilateral Mistake-Prior to Contract Award 301.09 2.3 Unilateral Mistake-After Contract Award 301.09 2.4 Bid Quotation/Promissory Estoppel 301A.01 C. Claims, Duties and Defenses 3.1 Duty to Investigate 302.02 3.2 Covenant of Good Faith & Fair Dealing 302.11 3.3 Duty Not to Hinder or Interfere 302.08 3.4 Spearin Doctrine Comm. Draft 3.5 Duty to Disclose in Soliciting Bids Comm. Draft 3.6 Waiver/Mike M. Johnson v. Spokane Cty 302.07 1 3519933.1 3.7 Change Orders 301.07 3.8 Implied Warranty of Habitability Comm. Draft 3.9 Substantial Performance 302.03 3.10 Equitable Estoppel 302.05 3.11 Agency 50.01;50.02.01 3.12 Independent Contractor 50.11 3.13 Distinguishing Agent v. Independent Contractor 50.11.01 3.14 Accord and Satisfaction 301.07 3.15 Impossibility/Impracticability 302.09; 302.10 3.16 Concurrent Delay Comm. Draft 3.17 Unforeseen Conditions (Types I and II) Comm. Draft D. Breach 4.1 Breach of Contract 302.01 4.2 Acceleration as Breach of Contract Comm. Draft 4.3 Material Breach 302.03 4.4 Anticipatory Breach 302.04 E. Damages 5.1 Expectation Damages 303.01 5.2.
    [Show full text]
  • Compendium of Maryland Construction
    STATE OF MARYLAND CONSTRUCTION LAW COMPENDIUM Prepared by Ami C. Dwyer Franklin & Prokopik, PC 2 North Charles Street Suite 600 Baltimore, MD 21201 (410) 752‐8700 www.fandpnet.com This outline is intended to provide a general overview of Maryland’s construction law. The discussion on any particular topic is not necessarily an indication of the total law related to an area of Maryland’s construction law. Most construction disputes are governed by contract law. With a few variations, the law applicable to construction disputes in Maryland is similar to that found in other states. One important variation to keep in mind is that in negligence claims, Maryland is a contributory negligence state and not a comparative negligence state. I. BREACH OF CONTRACT Maryland recognizes claims for breach of contract between owner and general contractor and between general contractor and subcontractor. There is a general three year statute of limitations when bringing a breach of contract claim in Maryland. MD Code, Courts and Judicial Proceedings, § 5-101. The running of the statute is triggered by the “discovery rule” which states that the statute begins running when the plaintiff knows or reasonably should know of the wrong. DeGroft v. Lancaster Silo Co., Inc., 527 A.2d 1316, 1320 (Md.App. 1987). The exception to the general three year statute of limitations is found in § 5-102(a)(5), which provides a twelve year statute of limitations for contracts made under seal. MD Code, Courts and Judicial Proceedings, § 5-102. The amount of damages recoverable for breach of contract is that which will put the injured party in the monetary position he would have been in had the contract been performed.
    [Show full text]
  • Engineering Law and the I.C.E. Contracts
    ENGINEERING LAW AND THE I.C.E. CONTRACTS JOIN US ON THE INTERNET VIA WWW, GOPHER, FTP OR EMAIL: WWW: http://www.thomson.com/ GOPHER: file:///D:/input/20002E44/gopher.thomson.com A service of ® FTP: EMAIL: [email protected] To the memory of LEONARD ABRAHAMSON incomparable parent and teacher and to EDNA and GAIL, LYNNE, LEONARD and EMILY for joy received Engineering Law and the I.C.E. Contracts MAX W.ABRAHAMSON (Mod.) B.A., LL.B., Solicitor Sometime Scholar in Law of Trinity College, Dublin Honorary Fellow of the Institution of Engineers of Ireland Companion of the Institution of Civil Engineers FOURTH EDITION With a Foreword by Sir William Harris E & FN SPON An Imprint of Chapman & Hall London · Weinheim · New York · Tokyo · Melbourne · Madras Published by E & FN Spon, an imprint of Chapman & Hall, 2–6 Boundary Row, London SE1 8HN, UK This edition published in the Taylor & Francis e-Library, 2005. “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to http://www.ebookstore.tandf.co.uk/.” Chapman & Hall, 2–6 Boundary Row, London SE1 8HN, UK Chapman & Hall GmbH, Pappelallee 3, 69469 Weinheim, Germany Chapman & Hall USA., Fifth Avenue, New York, NY 10003, USA Chapman & Hall Japan, ITP-Japan, Kyowa Building, 3F, 2–2–1 Hirakawacho, Chiyoda-ku, Tokyo 102, Japan Chapman & Hall Australia, 102 Dodds Street, South Melbourne, Victoria 3205, Australia Chapman & Hall India, R.Seshadri, 32 Second Main Road, CIT East, Madras 600035, India First edition 1965 Second edition 1969
    [Show full text]
  • A Guide to Local Government Construction Projects
    A GUIDEBOOK TO LOCAL GOVERNMENT CONSTRUCTION PROJECTS CONSTRUCTION GOVERNMENT LOCAL A GUIDEBOOK TO A Guidebook to Local Government Construction Projects Association County Commissioners of Georgia 50 Hurt Plaza • Suite 1000 Atlanta, GA 30303 Association County Commissioners of Georgia (404) 522-5022 www.accg.org 3rd Edition 2011 Sponsored by A Guidebook to Local Government Construction Projects 3rd Edition March 2011 Table of Contents Introduction ....................................................................................................................................................1 Part I. Useful Terms .....................................................................................................................................3 Part II. Public Works Construction Projects ...................................................................................7 Procuring Public Works Construction Contracts ..........................................................8 Decide Whether The Project Is Subject To The Requirements Of Local Government Public Works Construction Law ................................................................8 Contracts That Are Subject To State Law Requirements ...................................8 Projects and Contracts That Are Not Subject to State Law Requirements...8 Choose A Construction Delivery Method ................................................................... 10 Traditional Design-Bid-Build................................................................................... 10 Design-Build
    [Show full text]
  • The Top 50 Construction Law Firms Developed the Top 50 Construction Law Firms Ranking by Asking Hundreds of U.S
    ABC’s Upcoming Events 2020 2022 2024 Nashville, Tennessee San Antonio, Texas Gaylord Palms ABC March 23–27 March 13 - 17 March 12 - 16 CONVENTION 2021 2023 Grapevine, Texas Gaylord Palms March 7–11 March 13 - 17 abcconvention.abc.org ABC 2019 2020 2021 LEGISLATIVE Washington, D.C. Washington, D.C. Washington, D.C. WEEK June 23–27 June 14–18 June 13 - 17 legislative.abc.org CHAPTER 2019 2020 PRESIDENTS Seattle Minneapolis MANAGEMENT July 30–Aug. 1 July 28–30 CONFERENCE cpmc.abc.org 2019 Dallas, Texas May 15–17 userssummit.abc.org Executive Insights | 2019 Labor Agenda Drug and Alcohol Policies | Code of Ethics S Immigration Compliance 2019 2021 2022 San Antonio North Miami, Florida San Diego, California LEADERSHIP Nov. 10–14 Nov 7 – 11 Nov 13 - 17 INSTITUTE 2020 Scottsdale, Arizona Nov. 8–12 leadership.abc.org The Top 50 Construction Law Firms®: Keeping a Sharp Eye on the Contract BY CYBELE TAMULONIS ith the explosion of Most Common Areas of With proper representation, a new technologies in Construction Law Practiced construction fi rm can usually get to construction, changes to (% of fi rms reporting) an equitable solution quickly. “Pre- contract documents, and litigation, during litigation, even the growing challenge Dispute Resolution (DR) post-litigation or during an appeal, Wposed by an ever-increasing 99.2% an opportunity may arise to get number of state and federal laws and Construction Defects (DF) something settled, and the earlier, the regulations, contractors need expert 98.4% better,” Chambers says. legal advice more than ever to manage Burke Robinson, partner and Contract Documents (CD) risk and protect profi ts.
    [Show full text]
  • The Historical Emergence of Construction Law
    William Mitchell Law Review Volume 34 | Issue 1 Article 6 2007 The iH storical Emergence of Construction Law Philip L. Bruner Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Recommended Citation Bruner, Philip L. (2007) "The iH storical Emergence of Construction Law," William Mitchell Law Review: Vol. 34: Iss. 1, Article 6. Available at: http://open.mitchellhamline.edu/wmlr/vol34/iss1/6 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Bruner: The Historical Emergence of Construction Law 1. BRUNER - ADC.DOC 12/15/2007 2:33:41 PM THE HISTORICAL EMERGENCE OF CONSTRUCTION LAW Philip L. Bruner† I. CONSTRUCTION LAW’S TWENTIETH CENTURY EMERGENCE. ..............................................................................4 II. CONSTRUCTION LAW’S MODERN COMPLEXITY. ......................11 III. CONSTRUCTION LAW SCHOLARSHIP........................................19 IV. CONSTRUCTION LAWYERS AND THE “TORCH OF LEARNING.”..............................................................................21 For more than 4500 years construction has been a hallmark of the advancement of human civilization, from primitive Mesopotamian fire-brick and Egyptian cut-stone construction to the extraordinary structures of the modern built environment.1 Since mankind first promulgated rudimentary principles of law to regulate human rights and obligations arising out of societal interaction, there have existed principles of law governing the built environment and the construction process.2 As classical antiquity † President (2006-2007), The American College of Construction Lawyers; Senior Partner, Faegre & Benson LLP, Minneapolis; Co-Author with Patrick J.
    [Show full text]