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Complex Contracting by Trevor L. Brown,Matthew Potoski,David M. Van Slyke Pdf
Complex Contracting draws on core social science concepts to provide wide-ranging practical advice on how best to manage complex acquisitions. Using a strong analytical framework, the authors assess contract management practices, suggesting strategies for improvement and ways to avoid the pitfalls of managing contracts for large and sophisticated projects. An in-depth analysis of the US Coast Guard's Deepwater program is included to illustrate ways to respond to real-world contracting challenges. This high-profile and controversial case consisted of a projected 25-year, $24 billion contract through which the US Coast Guard would buy a system of new boats, aircraft, communications, and control architecture to replace its aging fleet. The authors explore the reasons why this program, launched with such promise, turned out so poorly, and apply the lessons learned to similarly complex contracting scenarios. This engaging and accessible book has broad applicability and will appeal to policymakers, practitioners, scholars and students.
Complex Contracting by Trevor L. Brown,Matthew Potoski,David M. Van Slyke Pdf
Complex Contracting draws on core social science concepts to provide wide-ranging practical advice on how best to manage complex acquisitions. Using a strong analytical framework, the authors assess contract management practices, suggesting strategies for improvement and ways to avoid the pitfalls of managing contracts for large and sophisticated projects. An in-depth analysis of the US Coast Guard's Deepwater program is included to illustrate ways to respond to real-world contracting challenges. This high-profile and controversial case consisted of a projected 25-year, $24 billion contract through which the US Coast Guard would buy a system of new boats, aircraft, communications, and control architecture to replace its aging fleet. The authors explore the reasons why this program, launched with such promise, turned out so poorly, and apply the lessons learned to similarly complex contracting scenarios. This engaging and accessible book has broad applicability and will appeal to policymakers, practitioners, scholars and students.
International Contracting by John van der Puil,Arjan van Weele Pdf
This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings. The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims. Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics. Though not an academic book, due to its unique blend of practitioners' insight and academic theory, it can be taught on Masters courses. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs at both graduate and postgraduate levels. Lawyers will find the book useful in helping them to understand the business context in which their customers and/or colleagues work. Contents:International Contracting: Defining the Playing Field:International Contracting: How a Project Can Turn into a NightmareThe Role of Contracting in International ContractingThe ClientContract Management: Definitions, Concepts and PerspectivesThe Contracting Cycle:From Tender to Final PaymentEuropean TenderingDownstream Contracting: Managing Suppliers and SubcontractorsContract Models in International ContractingProject and Risk Management:Risk Management in ProjectsManaging Variations in ContractsLegal Issues in International Contracting:Letter of Intent and Memorandum of UnderstandingSigning the Contract — PitfallsLiability Versus ResponsibilityGuarantees and WarrantiesContract Law and Tort LawConsequential LossesIntellectual PropertyDamage and CausalityKnock-For-Knock ArrangementsDisasters, Damage and Public InvestigationsForce MajeureBriberyDispute Resolution MechanismsDifferent Legal SystemsCultural Differences and Contract Management Readership: Business practitioners, engineers, lawyers and polytechnic and university students keen in building management, general business management, industrial engineering and operations management. Keywords:Project Management;Contract Management;Contract Law;Procurement Management;Damages;Causality and Risks;Variations in Contracts;Contracting Cycle;Bribery
This book, about international contracting and contract management, is written from the angle of the contractor and discussed from an international perspective. It comments on real-life cases, taken from various kinds of projects: infrastructural works (roads, bridges, tunnels, rail roads), wind- and sunfarms, oil and gas installations, such as platforms, pipe lines, power generating works, and large buildings.The book is structured around the contracting cycle. Chapters include dealing with the role of the contractor in international contracting, the tender process, landing and negotiating the contract, types of contract, problems that may occur during project execution, project delivery, and handling guarantee claims.Written primarily for business practitioners operating in the international contracting industry, the title assumes that the reader will have a basic understanding and knowledge of theories related to project management, construction engineering, business law and economics.Though not an academic book, due to its unique blend of practitioners'' insight and academic theory, it can be taught in courses at institutes at the master level. As most engineers are going to deal with contracts, this book is specifically recommended for engineering programs both at the graduate and postgraduate level. Lawyers will find the book useful to understand the business context in which their customers and/or colleagues work.
Legal Tech, Smart Contracts and Blockchain by Marcelo Corrales,Mark Fenwick,Helena Haapio Pdf
There is a broad consensus amongst law firms and in-house legal departments that next generation “Legal Tech” – particularly in the form of Blockchain-based technologies and Smart Contracts – will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory “gap.” Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators.
Author : Larry A. DiMatteo Publisher : Kluwer Law International B.V. Page : 804 pages File Size : 44,9 Mb Release : 2021-11-05 Category : Law ISBN : 9789403528403
International Contracting by Larry A. DiMatteo Pdf
For well over a decade, this prized guide has served practitioners handling the legal ramifications of international contracting projects. The fifth edition expands on issues discussed in the earlier one, along with new topics that continue to redefine the researching, drafting, and execution of international contracts. All the invaluable features of earlier editions are of course still here, including analysis of key contract issues unique to various types of contracting, common contract clauses, contract checklists, insights gleaned from actual cases and arbitral proceedings, and clear explanation of the principles of good contract drafting. The major relevant international conventions, model laws, pertinent national laws, legal guides, and other documents and instruments are all covered, with primary texts provided in the appendices. Some of the new issues and topics covered include: new potential causes of force majeure and hardship (pandemics and BREXIT); review of Incoterms 2020; new clauses covered (anti-slavery, exclusion, interpretation, no-waiver, sub-contracting, sustainability clauses, among others); rise of new international commercial courts; legaltech, smart contracts, and artificial intelligence; ethics; implementation of technology in legal practice; enforceability of penalty clauses; Internet sales and agency contracts; long-term contracts and goodwill compensation; data protection and the General Data Protection Regulation (GDPR); alliance, collaboration, and cooperation agreements; noncompete and nonsolicitation clauses; e-mail disclaimers; and separation and release agreements. The book acts as a single-volume reference in the negotiating and drafting of international contracts and offers expert insights regarding the reasonableness of many contract clauses and the likelihood of their enforcement in a foreign jurisdiction. An adroit combination of contract theory and contract practice, the book continues to provide guidance to law practitioners and students alike. “International Contracting is an excellent single volume reference that highlights the different issues relating to a variety of contracts. I recommend it to drafting attorneys writing domestic as well as transborder contracts.” – Christopher E. Howard (complex commercial transactions and development projects), Managing Partner, Pierce Atwood LLP, Portland, Maine “The latest edition of Professor DiMatteo's International Contracting constitutes a broad yet detailed coverage of international contract law and laws, as well as international practice. It drills down into the level of detail that supplies invaluable practical guidance of the sort not to be found in other publications.” – Professor Michael G. Bridge, London School of Economics “International Contracting is an ideal source for practitioners whether of the civil or common law. It also provides a concise review of international contracting issues and practices for the scholar and student interested in this area of law. I highly recommend it as a general resource on the topic.” – Michel Cannarsa, Dean & Professor, Lyon Catholic University
Economic arrangements, Ramseyer writes, are structured and implemented with the intent and hope that they will be carried out with 'care, intelligence, discretion, and effort.' Yet entrepreneurs work with partial information about the products, and people, they are dealing with. Contracting in Japan illustrates this by examining five sets of negotiations and unusual contractual arrangements among non-specialist businessmen, and women, in Japan. In it, Ramseyer explores how sake brewers were able to obtain and market the necessary, but difficult-to-grow, sake rice that captured the local terroir; how Buddhist temples tried to compensate for rapidly falling donations by negotiating unusual funerary contracts; and how pre-war local elites used leasing instead of loans to fund local agriculture. Ramseyer examines these entrepreneurs, discovering how they structured contracts, made credible commitments, obtained valuable information, and protected themselves from adverse consequences to create, maintain, strengthen, and leverage the social networks in which they operated.
United States. Congress. House. Committee on Small Business. Subcommittee on Contracting and Workforce,United States. Congress. House. Committee on Veterans' Affairs. Subcommittee on Oversight and Investigations
Author : United States. Congress. House. Committee on Small Business. Subcommittee on Contracting and Workforce,United States. Congress. House. Committee on Veterans' Affairs. Subcommittee on Oversight and Investigations Publisher : Unknown Page : 80 pages File Size : 45,5 Mb Release : 2014 Category : Auctions ISBN : MINN:31951D03773069X
Contracting Away Accountability - Reverse Auctions in Federal Agency Acquisitions by United States. Congress. House. Committee on Small Business. Subcommittee on Contracting and Workforce,United States. Congress. House. Committee on Veterans' Affairs. Subcommittee on Oversight and Investigations Pdf
Richard H. Clough,Glenn A. Sears,S. Keoki Sears,Robert O. Segner,Jerald L. Rounds
Author : Richard H. Clough,Glenn A. Sears,S. Keoki Sears,Robert O. Segner,Jerald L. Rounds Publisher : John Wiley & Sons Page : 692 pages File Size : 48,5 Mb Release : 2015-04-06 Category : Technology & Engineering ISBN : 9781118693216
Construction Contracting by Richard H. Clough,Glenn A. Sears,S. Keoki Sears,Robert O. Segner,Jerald L. Rounds Pdf
The definitive contracting reference for the construction industry, updated and expanded Construction Contracting, the industry's leading professional reference for five decades, has been updated to reflect current practices, business methods, management techniques, codes, and regulations. A cornerstone of the construction library, this text presents the hard-to-find information essential to successfully managing a construction company, applicable to building, heavy civil, high-tech, and industrial construction endeavors alike. A wealth of coverage on the basics of owning a construction business provides readers with a useful "checkup" on the state of their company, and in-depth exploration of the logistics, scheduling, administration, and legal aspects relevant to construction provide valuable guidance on important facets of the business operations. This updated edition contains new coverage of modern delivery methods, technology, and project management. The field of construction contracting comprises the entire set of skills, knowledge, and conceptual tools needed to successfully own or manage a construction company, as well as to undertake any actual project. This book gives readers complete, up-to-date information in all of these areas, with expert guidance toward best practices. Learn techniques for accurate cost estimating and effective bidding Understand construction contracts, surety bonds, and insurance Explore project time and cost management, with safety considerations Examine relevant labor law and labor relations techniques Between codes, standards, laws, and regulations, the construction industry presents many different areas with which the manager needs to be up to date, on top of actually doing the day-to-day running of the business. This book provides it all under one cover – for the project side and the business side, Construction Contracting is a complete working resource in the field or office.
Managing Complex Construction Projects by John K. Briesemeister Pdf
To many program, project, or construction managers, a complex project seems to be a labyrinth with many hidden dangers. This book is a guide through that labyrinth. It explains best practices and provides insight so they cannot only identify hidden dangers but also effectively manage the construction process to either mitigate or eliminate these risks. The book presents a systems-based approach to construction project management that can facilitate a greater understanding of the complexity inherent in large construction projects and how that complexity can be effectively managed. The systems approach permits the onsite construction project manager to take a complex construction project, break it down into manageable pieces, and ensure that all systems are in alignment with the original goal of the project. This approach combines industrial engineering, project management, and finance into a unified approach for effective management of complex construction projects, ranging from a power plant to a highway project. The book explains how to manage construction projects successfully through an approach based on the three following systems: Project Management System Work Management System Quality Management System The problem with complex programs and projects is that many managers are only equipped with a knowledge of project management. A system for construction is a collection of many processes effectively working together to produce a specific deliverable, which is usually defined in the program or project’s contract. This system has a series of specific inputs and outputs, which are what the customer expects from the company or companies performing the work. This book develops checklists based on these inputs and outputs, which managers can use when first arriving onsite, and provides a "nuts and bolts" approach for managing a complex construction project onsite. The author shares valuable lessons learned during a career of more than thirty years of working on various construction sites around the world. These lessons learned are filled with valuable information to aid readers become more effective as a program, project, or construction manager of complex construction projects.
United States. Congress. House. Committee on Small Business
Author : United States. Congress. House. Committee on Small Business Publisher : Unknown Page : 88 pages File Size : 47,9 Mb Release : 2015 Category : Government purchasing ISBN : STANFORD:36105050683825
