The JCT 05 Standard Building Contract Law and Administration This Page Intentionally Left Blank the JCT 05 Standard Building Contract Law and Administration
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Construction Management Contracts: Law and Practice
CORE Metadata, citation and similar papers at core.ac.uk Provided by Central Archive at the University of Reading Construction management contracts: law and practice Will Hughes, Dept of Construction Management & Engineering, University of Reading, PO Box 219, Reading RG6 6AW, UK Abstract: The context of construction management (CM) reveals that this method of procurement is as much a management philosophy as a contract structure. It is important to consider legal and contractual issues in this context. The interplay between management and law is complex and often misunderstood. Before considering specific issues, the use of contractual remedies in business agreements is discussed. In addition, the extent to which standardising a form of contract detracts or contributes to the success of projects is also considered. The dearth of judicial decisions, and the lack of a standard form, render it difficult to be specific about legal issues. Therefore, the main discussion of legal issues is centred around a recently completed research project which involved eliciting the views of a cross-section of experienced construction management clients, consultants and trade contractors. These interviews are used as the basis for highlighting some of the most important legal points to consider when setting up CM projects. The interviews revealed that the advantage of CM is the proximity of the client to the trade contractors and the disadvantage is that it depends on a high degree of professionalism and experience; qualities which are unfortunately difficult to find in the UK construction industry. Keywords: Construction management, contract drafting, law, procurement, risk apportionment. Contract structure or management philosophy? Construction management (CM) is a procurement system which differs significantly from general contracting. -
The Guide to Construction Arbitration
Global Arbitration Review The Guide to Construction Arbitration General Editors Stavros Brekoulakis and David Brynmor Thomas QC Third Edition © Law Business Research The Guide to Construction Arbitration Third Edition Editors Stavros Brekoulakis and David Brynmor Thomas QC Reproduced with permission from Law Business Research Ltd This article was first published in October 2019 For further information please contact [email protected] arg © Law Business Research Publisher David Samuels Account Manager Bevan Woodhouse Editorial Coordinator Hannah Higgins Head of Production Adam Myers Deputy Head of Production Simon Busby Copy-editor Claire Ancell Proofreader Rakesh Rajani Published in the United Kingdom by Law Business Research Ltd, Meridian House, 34-35 Farringdon Street, London EC4A 4HL, UK © 2019 Law Business Research Ltd www.globalarbitrationreview.com No photocopying: copyright licences do not apply. The information provided in this publication is general and may not apply in a specific situation, nor does it necessarily represent the views of authors’ firms or their clients. Legal advice should always be sought before taking any legal action based on the information provided. The publishers accept no responsibility for any acts or omissions contained herein. Although the information provided is accurate as of September 2019, be advised that this is a developing area. Enquiries concerning reproduction should be sent to Law Business Research, at the address above. Enquiries concerning editorial content should be directed -
Critical Examination of Alternative Dispute Resolution
International Journal of Research and Review Vol.7; Issue: 11; November 2020 Website: www.ijrrjournal.com Review Paper E-ISSN: 2349-9788; P-ISSN: 2454-2237 Critical Examination of Alternative Dispute Resolution Isaac Olaitan Okeya Management Consultant Liverpool UK, Former Dean Faculty of Management Sciences, College of Technology, Esa Oke, Nigeria and Former Controller Owena Bank Plc. Nigeria. ABSTRACT INTRODUCTION It has been observed from survey This research work will centre on, among report that most people desire from our many other things, matters which broadly modern justice system, is to avoid going to affect “Alternative Dispute Resolution.” trial. Most problems associated with Alternative disputes resolution, is popularly litigation include illiteracy of the law and known to be called ADR, has been noted to have embraced different methods of resolving the legal system due to its complicated different disputes, although it is commonly language and quaint procedures, and the ill viewed as a form of assisted negotiations with a faith in the court‟s fairness or its efficiency 2 central objective of dispute resolution: as a means of resolving disputes. Also, this alternative to traditional processes used by the is associated with factors such as high costs, law. Therefore, ADR is more of a consensual the endless delays, the tottering heaps of process, that is, it requires consent from the papers which take over their lives; therefore, parties involved, and its outcome are non- litigants seem to prefer a simpler approach: binding, so as such the dispute might not have a process conducted in plain language, been resolved. based on common sense, and geared to Prior to the development of Alternative dispute getting problems sorted out around a table resolution, disputes are often resolved by courts through litigation process, and in most times, rather in the hot atmosphere of the court room.3 justice is not served. -
Construction Contract Policy: Do We Mean What We Say?
CORE Metadata, citation and similar papers at core.ac.uk Provided by Central Archive at the University of Reading R E S E A R C H P A P E R S July 2002 Volume 4, Number 12 Construction contract policy: do we mean what we say? Will Hughes University of Reading, UK Yasuyoshi Maeda Penta Ocean Construction, Tokyo, Japan © RICS Foundation Aims and scope of The RICS Foundation Mike Hoxley Anglia Polytechnic University July 2002 the RICS Foundation Research Paper Electronic Reference PS0412 Research Paper Series David Lewis Harper Adams University Series College Published by Editor Colin Lizieri RICS Foundation The aim of the RICS Dr Les Ruddock University of Reading 12 Great George Street Foundation Paper series is to School of Construction & Jorge Lopes London SW1P 3AD, UK provide an outlet for the Property Management Instituto Politecnico de results of research and University of Salford Broganca The views expressed by the development in any area Salford John MacFarlane author(s) are not necessarily relevant to the surveying Lancs M5 4WT University of Western Sydney those of the RICS Foundation. profession. Papers range from United Kingdom David Mackmin Neither the author(s), the fundamental research work Sheffield Hallam University RICS Foundation nor the through to innovative Tel: +44 (0)161 295 4208 Nick Millard publisher accept any liability practical applications of new Fax: +44 (0)161 295 5011 Bruton Knowles for any action arising from the and interesting ideas. Papers Email: l. r u d d o c k @ s a l f o r d . a c . -
Implementation of Adr Techniques in Public
International Journal of Science, Environment ISSN 2278-3687 (O) and Technology, Vol. 6, No 5, 2017, 3121 – 3131 2277-663X (P) IMPLEMENTATION OF ADR TECHNIQUES IN PUBLIC CONSTRUCTION PROJECTS IN NIGERIA Falilat Olubunmi Idowu1 and Anthony Akinlola Hungbo2 1Quantity Surveying Department, Yaba College of Technology, Lagos, Nigeria E-mail: [email protected] (*Corresponding Author) Abstract: Disputes in the construction industry have been attributed to several factors and categorized in various ways by many researchers. Despite the considerable amount of knowledge accumulated by many researchers on dispute causation and management, disputes still continue to prevail in the construction industry and cause disharmony in the construction process with significant costs. This study aims at assessing the implementation of Alternative Dispute Resolution (ADR) techniques in the Nigerian public construction projects. An extensive literature review and questionnaire survey was carried out in order to achieve the aim of the study. The causes of disputes on public construction projects were identified and the ADR techniques that are effective in resolving disputes on public construction projects were also examined. The study found variation to the scope of work as the leading cause of disputes and adjudication as the ADR technique that brings about a final resolution of disputes on public construction projects. It was also revealed that public clients do not define the scope of work adequately before embarking on construction projects. However, the study recommends that adequate attention be given to clients’ requirements so as to define the scope of work accurately before embarking on public construction projects. Keywords: ADR, construction industry, dispute resolution, public client. -
NYCLA CONSTRUCTION LAW JOURNAL a Publication of the NYCLA Construction Law Committee Volume III, Issue II FALL 2013
NYCLA CONSTRUCTION LAW JOURNAL A publication of the NYCLA Construction Law Committee Volume III, Issue II FALL 2013 Letter From the Co-Chair I N S I D E “New York Stands Alone” ARTICLES Dear Colleagues, there are many things that are quintessential New York: Broadway; Bagels; the Statue of Liberty (sorry New Jersey); and, although you Top Ten Construction Contract Provisions To Be Negotiated With the probably don’t know this, I doubt you will be surprised Owner Pg. 2 By Frank A. Hess, Esq. and Richard S. Robinson, Esq. to hear that New York is also home to the only McDonald’s with three levels of seating. The Liability of An Owner, Contractor or Subcontractor Under Article However, it might surprise you to learn that New 3-A of the Lien Law May Last Long Than You Think Pg. 9 York is the only State in the Union with a so-called By Michael Silverstein, Esq. “scaffold law” which imposes strict liability on owners Frequently Asked Questions on Construction and Construction Law and contractors for gravity related injuries (in fact, the By Robert S. Peckar, Esq, and Michael S. Zicherman, Esq. Pg. 11 “scaffold law” is the only area of civil liability law in New York which does not contain a comparative Protection of Neighboring Property During Construction Pg. 15 negligence standard). New York has held this By Brian G. Lustbader, Esq. distinction since Illinois repealed its scaffold law in 1995. All other States which have historically enacted a When The Federal Government’s Hard-Line Claim Negotiations Are scaffold law had repealed their statutes by the 1940’s. -
Major Challenges Facing the Implementation of the FIDIC in Construction Projects in Palestine
An-Najah National University Faculty of Graduates Studies Major Challenges Facing the Implementation of the FIDIC in Construction Projects in Palestine By Mohammad Bahij Mohammad Tuffaha Supervisor Prof. Sameer Abu-Eisheh This Thesis is Submitted in Partial Fulfillment of the Requirements for the Degree of Master in Engineering Management, Faculty of Graduate Studies, An-Najah National University, Nablus, Palestine. 2015 iii DEDICATION I dedicate this work, with sincere gratitude, to all my family for their unlimited and generous support, and to all those who supported me to achieve it successfully. Mohammad B. Tuffaha iv ACKNOWLEDGEMENT Praise and thanks to Allah who granted me the power to finish this work. Secondly, I would like to express my deep appreciation for many people without their guidance and persistent help, this dissertation would not have been possible. Particularly my supervisor Prof. Sameer Abu- Eisheh for his constant support and invaluable guidance. Special thanks to Eng. Jamal Al-Aref and Eng. Rabah Odeh and all ANERA’s staff for their support and motivation. Also, I would like to extend my thanks to my instructors in the Engineering Management Program at An-Najah National University for their support, dedication and devotion. Kind gratitude and sincere acknowledgement to all Ministries, Municipalities, International NGO’s, Engineering Firms, Palestinian Contractors Union, and Contractors who participated in filling out the study questionnaires and provided valuable information for this study. Finally, I would like -
Mediating Construction Disputes: an Evaluation of Existing Practice
KC Jacket.qxd:KKL mediation Jacket 5/2/10 12:09 Page 1 Much more has been written about the theory of Mediating Construction Disputes: mediation, and its proper place in the avoidance and resolution of disputes in construction, than about its actual use. Mediating Construction Disputes: An Evaluation of Existing Practice is the full report of research conducted in 2006-2008 by the Centre of Construction Law & Dispute Resolution at King's College London, collaborating with the Technology and Construction Court at three centres. It combines hard - and sometimes surprising - detail about its practice, from Centre of Construction questionnaires completed by those actually involved in TCC litigation, with a summary of the existing Law & Dispute Resolution knowledge about mediation in the common law world of Existing Practice An Evaluation and about its relation to other formal and informal methods of dealing with construction disputes. Mediating Construction Disputes: An Evaluation of Existing Practice Gould, King & Britton Nicholas Gould, Claire King & Philip Britton Centre of Construction Law & Dispute Resolution Mediating Construction Disputes: An Evaluation of Existing Practice It is not the facts which we can put our fingers on which concern us but the sum of those facts; it is not the data we want but the essence of the data. John Cheever, Journals, London, Vintage Books (2010) 163 Nicholas Gould, Claire King & Philip Britton ABOUT THE AUTHORS Nicholas Gould BSc LLM FRICS FCIArb MCIOB Nicholas is a partner at Fenwick Elliott LLP, the UK’s largest specialist construction and engineering solicitors. He advises on, drafts, negotiates and settles construction documents, and provides strategic contract and dispute avoidance advice. -
NYCLA CONSTRUCTION LAW JOURNAL a Publication of the NYCLA Construction Law Committee Volume III, Issue I Winter 2013
NYCLA CONSTRUCTION LAW JOURNAL A publication of the NYCLA Construction Law Committee Volume III, Issue I Winter 2013 Letter From the Chair What Goes Down Must Go Up I N S I D E Last month the American Institute of Architects released its Consensus Construction Forecast for 2013 and 2014 ARTICLES (the “Forecast”). The Forecast, which is based on A Roadmap For Determining Coverage for Construction Defect forecasts from seven other forecasts including McGraw- Claims in New York Pg. 2 Hill, Moody’s, FMI, and others, predicts healthy By Richard B. Friedman, Esq., Stephen Berry, Esq., and Michael Freed, Esq. improvement in construction activity over the next two years. According to the Forecast, nonresidential Disputing Construction Contracts with the City Pg. 7 construction spending will increase 5% in 2013 and By Jennifer Clark, Esq. 7.2% in 2014. Hotel construction is predicted to lead the pack with double digit gains in both years, while Challenging the Building Department’s Permit Determinations in Court Pg. 10 commercial construction (including hotels) is predicted By Vincent T. Pallaci, Esq. to improve by 9% in 2013 and 11% in 2014. According to the National Association of Realtors’ quarterly Be Careful How You Dig: Court Held Excavators Responsible for commercial real estate forecast released Feb. 25, 2013, Damage to Neighboring Property Pg. 12 By Raymond T. Mellon, Esq., and Calvin Lee, Esq. vacancy rates are trending downward in each of the major commercial real estate sectors. Residential “Am I Covered?’ Insurance Considerations For The Design construction in the New York metro area is booming as Professional “Going Green” Pg. -
Japanese Design-Build: an Analysis of Its Uniqueness Based on Responsibility and Risk Allocation in Construction Contracts
JAPANESE DESIGN-BUILD: AN ANALYSIS OF ITS UNIQUENESS BASED ON RESPONSIBILITY AND RISK ALLOCATION IN CONSTRUCTION CONTRACTS January 2013 AZEANITA SURATKON Graduate School of Engineering CHIBA UNIVERSITY Abstract Japanese Design-Build (DB) is unique and different from the DB implemented in other parts of the world, especially in advanced western countries like the US and UK. The purpose of this research study is to analyse the uniqueness of Japanese DB, based on allocation of responsibility and risk in the standard construction contracts. A comparative analysis was carried out to ascertain the similarities and differences between Japanese DB contract and Japanese traditional as well as western contracts as represented by the standard contract forms of the American Institute of Architects and the Joint Contracts Tribunal. Contract clauses are extracted and broken down into eight elementary components in order to clarify the responsibility statement. For each responsibility, the appropriate project phases (whether pre-design, design, construction or completion of each responsibility), risk contained in the responsibility and degree of each party’s involvement were indicated. To make the three contract series with different configuration structures comparable, ten headings of contractual issues were established. The comparative analysis revealed that the differences between Japanese and western contracts basically revolve around the clarity of the responsibility description, the process and approach of decision making, and the degree of involvement by the Owner. The finding supports the hypothesis that the Japanese DB contract does not properly represent the actual Japanese DB; instead, it suggests that the Japanese DB is closer to the Japanese Traditional method. The hypothesis that the Japanese DB is nothing like the DB in other global DB standard contracts, as represented by the AIA-DB and JCT-DB, was also verified. -
Fall 2002, Vol. 7, No. 3, Pp. 117-136 1522-8150/01/$3.00/Educational Practice Manuscript What Should We Teach About Design-Build Contracts? a Learning Module
Journal of Construction Education Copyright 2002 by the Associated Schools of Construction Fall 2002, Vol. 7, No. 3, pp. 117-136 1522-8150/01/$3.00/Educational Practice Manuscript What Should We Teach About Design-Build Contracts? A Learning Module Lee A. Ellingson Indiana State University Terre Haute, Indiana The popularity of the design-build method of project delivery is increasing in the United States. There are important differences between design-build and the more traditional method of design- bid-build. Getting the details right in the contracts can make the difference between success or failure. Professional organizations publish standard form contracts to assist their constituents to create accurate and comprehensive contracts. This paper identifies which standard form contracts are available and some important issues to consider when negotiating any construction contract. It is written to be used as a learning module for any course related to design-build. Key Words: Design-Build, Contracts, Construction, Agreements Introduction A contract is an agreement between two or more parties to do something (or refrain from doing something) and is enforceable by law. Contracting is fundamental to the construction industry. Constructors are commonly called contractors. They contract with an owner to construct something. Architects and engineers are also contractors except they typically provide documents instead of buildings. (However, this is changing, as more designers get involved with design-build.) Contract law is an important study in the legal profession, and many lawyers specialize in this area. Although lawyers can be an important asset in contract negotiations, owners, builders, and designers should have the knowledge and skill to negotiate a favorable contract. -
Richard L. Reed Director
Richard L. Reed Director Coats Rose, P.C. 1020 Northeast Loop 410, Ste. 800 San Antonio, Texas 78209 Phone: 210.451.6920 Fax: 210.212.5698 [email protected] Practice Areas Rick is a Director in charge of the Firm’s San Antonio, Texas office and is a Past Chair of the Construction Law Section of the Texas State Bar (2001 to 2002). He is board certified in Construction Law by the Texas Board of Legal Specialization and holds Martindale Hubble’s highest peer review rating of “Preeminent AV” and Martindale Hubble’s designation as a Top-Rated Lawyer in Construction. Rick has been consistently selected to the Texas Super Lawyers list by his peers since 2012 (Thomson Reuters). Rick has also been continuously recognized by The Best Lawyers in America® in the area of Construction Law since 2010 and was also named 2020 “Lawyer of the Year” in San Antonio in the area of construction law (Woodward White, Inc.). Rick has been recognized in the Chambers USA legal guide as a leader in the field of Construction – Texas law by Chambers & Partners since 2018. In 2020, Rick was named one of “San Antonio’s Top Attorneys,” as selected by his peers and published by San Antonio Magazine. Under his leadership, the Coats Rose San Antonio office has been named to the Best Law Firms list as a top Tier I law firm for Construction Law in the San Antonio Metropolitan area by U.S. News & World Report since 2017. Rick is a Construction Lawyers Society of America Charter Fellow.