Building and Civil Engineering Claims in Perspective
Longman (Verlag)
978-0-582-05935-1 (ISBN)
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The opportunity has been taken, while revising and bringing the book up to date, to examine more closely the legal and contractual framework within which claims are to be avoided, asserted and assessed. This is not intended to detract from the central purpose of the book, which is still to put the subject of claims in perspective, but rather (continuing the metaphor) by filling in the background to lend greater clarity to the main subject and improve the balance of the picture. A claim arises in construction work when conditions and situations met on site are not covered by those laid down in the contract. There is no set rule as to what actually constitutes a claim or how they should be evaluated or established. This book remedies that situation by explaining exactly what is meant by a claim, why they arise, the principles upon which they need to be established and the methods available for their solution. This edition contains a new chapter on common law rights. It covers al categories of claims under all the major forms of contract - ICE 6th edition, GC / Works / 1 edition 3 and FIDIC 4th edition.
The text also contains actual experiences and worked examples to show the practical solutions to previously argued claims. The volume is designed to be a reference work for all professionals in the construction industry such as surveyors, site managers, clerk of works, project managers and their consultants. It can also be used as a main text for the ICE law and contract procedure examinations and as a supporting text for final examinations in RICS, RIBA, CIOB, ICE professional examinations, MSc or other post graduate degrees in construction law or construction management.
Part 1 Definition and classification of claims - generally; current usages; proper usage; common law background; life cycle of claims; standpoint. Part 2 Contracts and common law - introduction; generally; sources of law; construction law; common law and equitable remedies; extra-contractual relief. Part 3 The life cycle of a claim - the four phases of a project; the seven stages of claims; implications and requirements of legal procedure; germination and notification; presentation; establishment; examination. Part 4 Claims concerning the existence of a contract - generally; parties; intention to create legal relations; consideration; agreement; certainty; formalities; letters of intent; illustrative cases. Part 5 Claims arising from documentation - generally; the various documents; rectifiction; discrepancies; contract terms; express terms overridden; rules of construction; illustrative cases. Part 6 Claims arising in connection with execution of the work - generally; categories of events; illustrative cases. Part 7 Claims concerning payment for work - generally; valuation of contract work; valuation of varied work; extra time for varied work; payments; illustrative cases. Part 8 Claims concerning time - generally; extensions of time; evaluation of delay claims; illustrative cases. Part 9 Claims arising from breach or termination - general; breach by contractor; breach by employer; termination; illustrative cases. Part 10 Compound claims - generally; separation and amalgamation of individual claims; illustrative case. Part 11 The finance claim pursued - introduction; re-submission and settlement of claim; points of principle involved; subsequent developments in the law; interest under standard forms. Part 12 The process of negotiation - generally; involvement of people; psychology; ground rules; process of negotiation; getting into arbitration; alternative dispute resolution; illustrative cases.
| Erscheint lt. Verlag | 17.1.1993 |
|---|---|
| Überarbeitung | J. Barber |
| Zusatzinfo | illustrations, index |
| Verlagsort | Harlow |
| Sprache | englisch |
| Maße | 210 x 297 mm |
| Gewicht | 1429 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht ► Allgemeines Verwaltungsrecht | |
| Recht / Steuern ► Öffentliches Recht ► Umweltrecht | |
| Technik ► Bauwesen | |
| ISBN-10 | 0-582-05935-6 / 0582059356 |
| ISBN-13 | 978-0-582-05935-1 / 9780582059351 |
| Zustand | Neuware |
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