Liquidated Damages And Extensions Of Time

Author : Brian Eggleston
Publisher : John Wiley & Sons
ISBN 13 : 9781444301632
Total Pages : 408 pages
Book Rating : 4.32/5 ( download)

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Download or read book Liquidated Damages and Extensions of Time written by Brian Eggleston and published by John Wiley & Sons. This book was released on 2009-01-26 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liquidated damages and extensions of time are complex subjects,frequently forming the basis of contract claims made under thestandard building and civil engineering contracts. Previouseditions of Liquidated Damages and Extensions of Time are highlyregarded as a guide for both construction industry professionalsand lawyers to this complex area. The law on time and damages continues to develop with an increasingflow of judgments from the courts. Alongside this, the standardforms of contract have also developed over time to reflectprevailing approaches to contractual relationships. Against thisbackground a third edition will be welcomed by constructionprofessionals and lawyers alike. Retaining the overall approach ofthe previous editions, the author clarifies, in a highly readablebut legally rigorous way, the many misunderstandings on time anddamages which abound in the construction industry. The thirdedition takes account of a large volume of new case law since theprevious edition was published over ten years ago, includes a newchapter on delay analysis and features significantly expandedchapters on penalty clauses, the effects of conditions precedentand time-bars, and the complexities of causation.

Author : Brian Eggleston
Publisher : Wiley-Blackwell
ISBN 13 : 9780632032952
Total Pages : 306 pages
Book Rating : 4.52/5 ( download)

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Download or read book Liquidated Damages and Extensions of Time in Construction Contracts written by Brian Eggleston and published by Wiley-Blackwell. This book was released on 1992-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Commercial pressures in recent years have placed new emphasis on the provisions for liquidated damages and extensions of time to be found in all standard forms of construction contracts." "Times for completion have shortened, levels of liquidated damages have risen, and the once familiar practice of employers waiving their right to deduct liquidated damages has disappeared." "A surge of cases in the courts reflects the increase in disputes on liquidated damages and extensions of time, and the legal rulings which have emerged show the need for all those involved in the financial management or contract administration of construction projects to be fully informed on the subject." "This book covers in detail the legal principles on liquidated damages and extensions of time and the effects and implications of recent judgments, and examines in depth the relevant clauses of the current standard forms of building and civil engineering contracts." "Particular attention is given to the pitfalls to be avoided in setting levels of liquidated damages, to the procedures which must be followed by architects, engineers and contract supervisors in granting extensions of time, and to clarifying the many misunderstandings on time and damages which abound in the construction industry."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Author : Brian Eggleston
Publisher : Wiley-Blackwell
ISBN 13 : 9781405118156
Total Pages : 408 pages
Book Rating : 4.56/5 ( download)

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Download or read book Liquidated Damages and Extensions of Time written by Brian Eggleston and published by Wiley-Blackwell. This book was released on 2009-02-09 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liquidated damages and extensions of time are complex subjects, frequently forming the basis of contract claims made under the standard building and civil engineering contracts. Previous editions of Liquidated Damages and Extensions of Time are highly regarded as a guide for both construction industry professionals and lawyers to this complex area. The law on time and damages continues to develop with an increasing flow of judgments from the courts. Alongside this, the standard forms of contract have also developed over time to reflect prevailing approaches to contractual relationships. Against this background a third edition will be welcomed by construction professionals and lawyers alike. Retaining the overall approach of the previous editions, the author clarifies, in a highly readable but legally rigorous way, the many misunderstandings on time and damages which abound in the construction industry. The third edition takes account of a large volume of new case law since the previous edition was published over ten years ago, includes a new chapter on delay analysis and features significantly expanded chapters on penalty clauses, the effects of conditions precedent and time-bars, and the complexities of causation.

Author : Gillian Birkby
Publisher : Routledge
ISBN 13 : 1000703649
Total Pages : 102 pages
Book Rating : 4.41/5 ( download)

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Download or read book Extensions of Time written by Gillian Birkby and published by Routledge. This book was released on 2019-07-26 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a straight forward jargon-free practical guide about all aspects of extensions of time for all construction industry professionals. An extension of time is an issue which most architects and other construction professionals face sooner or later in their career. It is a complex area where the professional administering the contract must act in accordance with the contract conditions andfailure to do so will potentially land the professional and/or his client in court. Throughout the guide the information is presented in a way that is immediately accessible, useful and related to the latest JCT Contracts. Tables, graphs and a glossary are used to help the reader navigate through chapters on liquidated damages, terms under standard contracts, notification of delay, supply of information, assessment, concurrent delays and ethical issues. The authors have clarified potentially complex issues with short, relevant examples drawn from case law and have defined difficult concepts in easy-reference text boxes. This Good Practice Guide is a friendly reference tool for all architects or other professionals charged with assessing extensions of time.

Author : David Chappell
Publisher : Routledge
ISBN 13 : 1135168431
Total Pages : 461 pages
Book Rating : 4.38/5 ( download)

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Download or read book Construction Contracts written by David Chappell and published by Routledge. This book was released on 2010-09-13 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there a difference between inspecting and supervizing? What does ‘time-barred’ mean? Is the contractor entitled to take possession of a section of the work even though it is the contractor's fault that possession is not practicable? Construction law can be a minefield. Professionals need answers which are pithy and straightforward, as well as legally rigorous. The two hundred questions in the book are real questions, picked from the thousands of telephone enquiries David Chappell has received as a Specialist Adviser to the Royal Institute of British Architects. The material is considerably updated from the first edition – weeded, extended and almost doubled in coverage. The questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of warranties, bonds, novation, practical completion, defects, valuation, certificates and payment, architects’ instructions, adjudication and fees. Brief footnotes and a table of cases are included for those who wish to investigate further. This will be an invaluable reference for architects, project managers, contractors, QSs, employers and others involved in construction.

Author : Roger Gibson
Publisher : Routledge
ISBN 13 : 1134281722
Total Pages : 372 pages
Book Rating : 4.25/5 ( download)

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Download or read book Construction Delays written by Roger Gibson and published by Routledge. This book was released on 2008-04-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical, user-friendly guide for construction professionals and lawyers deals with extensions of time, and includes examples for detailed submissions, helpful charts, graphics and electronic templates.

Author : David Chappell
Publisher : John Wiley & Sons
ISBN 13 : 140514808X
Total Pages : 568 pages
Book Rating : 4.85/5 ( download)

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Download or read book Building Contract Claims written by David Chappell and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many building contract claims are ill-founded, often because thebasic principles are misunderstood. This highly regarded bookexamines the legal basis of claims for additional payment, and whatcan and cannot be claimed under the main forms of contract. Itincludes chapters dealing with direct loss and expense, liquidateddamages, extension of time, concurrency, acceleration, time atlarge, common law and contractual claims, global claims, heads ofclaim and their substantiation. The new fourth edition has been substantially restructured andupdated. Nearly 100 additional cases have been added as well asfour new contracts : the JCT Construction Management and MajorProject contracts, the JCT Standard Form of Domestic Subcontract,and the Engineering and Construction Contract (the NEC Form). Thebook continues to use the JCT Standard Form (JCT 98) as the basisof the text, with important differences highlighted in the otherforms. Seventeen forms are dealt with and they have all beenupdated since the last edition of this book. This new edition is essential reading for architects, contractadministrators, project managers and quantity surveyors. It willalso be invaluable to contractors, contracts consultants andconstruction lawyers. David Chappell BA(Hons Arch), MA(Arch), MA(Law), PhD, RIBA has 45years' experience in the construction industry, having worked as anarchitect in public and private sectors, as contracts administratorfor a building contractor, as a lecturer in construction law andcontract procedures and for the last fifteen years as aconstruction contract consultant. He is currently the Director ofDavid Chappell Consultancy Limited and frequently acts as anadjudicator. He is Senior Research Fellow and Professor inArchitectural Practice and Management Research at the Queen'sUniversity, Belfast. He was appointed Visiting Professor inPractice Management and Law at the University of Central England inBirmingham from 1 March 2003. David Chappell is the author of manyarticles and books for the construction industry. He is one of theRIBA Specialist Advisors and lectures widely. Vincent Powell-Smith LLM, DLitt, FCIArb was a practising arbitratorand formerly Professor of Law at the University of Malaya and theInternational Islamic University, Malaysia. He was author of manybooks on construction law. John Sims FRICS, FCIArb, MAE, FRSA is a chartered quantity surveyornow practising as a consultant, arbitrator, adjudicator andmediator in construction disputes. He is author of a number ofbooks on building contracts and arbitration. Also of interest Building Contract Dictionary Third Edition David Chappell, Derek Marshall, Vincent Powell-Smith & SimonCavender 0 632 03964 7 The JCT Minor Works Form of Contract Third Edition David Chappell 1 4051 1523 8 Parris's Standard Form of Building Contract Third Edition David Chappell 0 632 02195 0 The JCT Major Project Form Neil F. Jones 1 4051 1297 2 Evaluating Contract Claims R. Peter Davison 1 4051 0636 0 Construction Adjudication Second Edition John L. Riches & Christopher Dancaster 1 4051 0635 2 The Arbitration Act 1996 A Commentary Third Edition Bruce Harris, Rowan Planterose & Jonathan Tecks 1 4051 1100 3 In preparation The NEC and JCT Contracts Compared Deborah Brown 1 4051 1823 7 Cover design by Workhaus

Author : Brian Eggleston
Publisher : John Wiley & Sons
ISBN 13 : 0470680083
Total Pages : 434 pages
Book Rating : 4.87/5 ( download)

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Download or read book The ICE Conditions of Contract written by Brian Eggleston and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ICE Conditions continues to be the dominant form of contract for civil engineering, despite the growing importance of the New Engineering Contract. The Seventh Edition of the ICE Conditions, published in 1999, introduced a number of changes, including: incorporating some of the concepts of the Latham Report amending certain provisions of the Sixth Edition which had attracted criticism rectifying conspicuous omissions from the text of earlier editions of the contract correcting small errors and faults from the previous edition modernising certain provisions and terms Brian Eggleston, whose previous book on the ICE Conditions was described as 'likely to become the authoritative reference source for the Sixth Edition', examines the contract clause by clause from a practical and legal viewpoint. There is extensive coverage of case law. Written by an experienced civil engineer and recognized authority on construction contracts, this book is an essential guide.

Author : Nicholas J. Carnell
Publisher : John Wiley & Sons
ISBN 13 : 0470759348
Total Pages : 320 pages
Book Rating : 4.49/5 ( download)

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Download or read book Causation and Delay in Construction Disputes written by Nicholas J. Carnell and published by John Wiley & Sons. This book was released on 2008-08-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building contract claims for more time on projects represent one of the largest sources of dispute within the industry. However, identifying the causes of delays, and the effects they have on the project, is often difficult and the burden on the party seeking to prove delay is a heavy one. This book provides the construction professional with an analysis of how construction projects become delayed, the practical measures which can be taken to avoid such delays, and how the parties can protect their positions in the face of delays. It goes on to look at the requirements for producing a successful claim. It provides a straightforward guide to the legal issues, and also considers how the effects of delays can most practically be addressed. The Second Edition takes account of new case law since 1999, and has new sections on adjudication, risk allocations and the Society of Construction Law Delay Protocol. Very well received when it was first published, the book is aimed particularly at contractors, project managers and senior surveyors, but will also be of interest to construction lawyers.

Author : David Chappell
Publisher : Routledge
ISBN 13 : 1317636031
Total Pages : 382 pages
Book Rating : 4.38/5 ( download)

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Download or read book Construction Contracts written by David Chappell and published by Routledge. This book was released on 2015-03-24 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction professionals of all kinds frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Building on the success of two previous editions, David Chappell returns to provide answers to 225 FAQs from his experience as Specialist Advisor to the RIBA. With 50 new questions, and thorough updates to address changes to the law and contracts, this is an invaluable first port of call for any construction law problem. Questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of practical completion, defects, valuation, certificates and payment, architects’ instructions, adjudication and fees. Among the new questions are: Is the contractor bound by its price even if there is an error? How do terms about working in a spirit of trust affect other clauses? Can architects lose their rights to certify under JCT 2011 contracts? Every question included has been asked of David Chappell during his career, and he uses his vast experience to provide clear, easy to follow advice in this book. Most were originally asked by architects, but the answers will be of wide interest to everyone involved in construction.