Contracts And Arbitration For Managers

Author : Anurag K. Agarwal
Publisher : SAGE Publications Pvt. Limited
Page : 0 pages
File Size : 48,8 Mb
Release : 2016-02-15
Category : Business & Economics
ISBN : 9351506371

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Contracts and Arbitration for Managers by Anurag K. Agarwal Pdf

This book presents contracts and arbitration from a business perspective. The book targets managers and engineers – who do not have a formal law education– but grapple with issues related with contracts and arbitration very often. It will help them in dealing with these issues while making strategic business decisions.

Author : Alain Brunet,Franck César
Publisher : Springer Nature
Page : 292 pages
File Size : 51,6 Mb
Release : 2021-07-30
Category : Law
ISBN : 9783030680763

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Contract Management by Alain Brunet,Franck César Pdf

This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.

Author : Ali D. Haidar
Publisher : Springer Nature
Page : 195 pages
File Size : 49,7 Mb
Release : 2021-06-10
Category : Technology & Engineering
ISBN : 9783030722654

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Handbook of Contract Management in Construction by Ali D. Haidar Pdf

This book addresses the process and principles of contract management in construction from an international perspective. It presents a well-structured, in-depth analysis of construction law doctrines necessary to understand the fundamentals of contract management. The book begins with an introduction to contract management and contract law and formation. It then discusses the various parties to a contract and their relevant obligations, whether they are engineers, contractors or subcontractors. It also addresses standard practices when drafting and revising contracts, as well as what can be expected in standard contracts general clauses. Two chapters are dedicated to contract clauses, with one focused on contract administration such as schedules, payment certificates and defects liability, and the other focused on contract management, such as terminations, dispute resolutions and claims. This book provides a useful reference to engineers, project managers and students within the field of engineering and construction management.

Author : Steven Baker,Lawrence Akka,Rachel Glass
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 46,8 Mb
Release : 2018-03-30
Category : BUSINESS & ECONOMICS
ISBN : 9781784710125

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IT Contracts and Dispute Management by Steven Baker,Lawrence Akka,Rachel Glass Pdf

IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.

Author : Marvin Hill,Anthony V. Sinicropi
Publisher : Unknown
Page : 592 pages
File Size : 50,7 Mb
Release : 1986
Category : Law
ISBN : UOM:35128000923019

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Management Rights by Marvin Hill,Anthony V. Sinicropi Pdf

This work defines the parameters of managerial discretion in all phases of the employment relationship. The book discusses management rights in polygraph testing, regulation of off-duty conduct, workplace surveillance, layoffs, job evaluation, and subcontracting.

Author : International Association for Contract and Commercial Management(IACCM)
Publisher : Van Haren
Page : 656 pages
File Size : 55,7 Mb
Release : 2011-11-11
Category : Education
ISBN : 9789087539726

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Contract and Commercial Management - The Operational Guide by International Association for Contract and Commercial Management(IACCM) Pdf

Almost 80% of CEOs say that their organization must get better at managing external relationships. According to The Economist, one of the major reasons why so many relationships end in disappointment is that most organizations 'are not very good at contracting'. This ground-breaking title from leading authority IACCM (International Association for Contract and Commercial Management) represents the collective wisdom and experience of Contract, Legal and Commercial experts from some of the world s leading companies to define how to partner for performance. This practical guidance is designed to support practitioners through the contract lifecycle and to give both supply and buy perspectives, leading to a more consistent approach and language that supports greater efficiency and effectiveness. Within the five phases described in this book (Initiate, Bid, Development, Negotiate and Manage), readers will find invaluable guidance on the whole lifecycle with insights to finance, law and negotiation, together with dispute resolution, change control and risk management. This title is the official IACCM operational guidance and fully supports and aligns with the course modules for Certification.

Author : Anonim
Publisher : Workplace Law Group
Page : 100 pages
File Size : 54,7 Mb
Release : 2008
Category : Contracts
ISBN : 9781905766499

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Facilities Management Contracts 2008 by Anonim Pdf

Author : John Murdoch,Will Hughes
Publisher : Routledge
Page : 408 pages
File Size : 45,7 Mb
Release : 2002-01-04
Category : Architecture
ISBN : 9781135803261

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Construction Contracts by John Murdoch,Will Hughes Pdf

Although the legal principles involved in construction contracts and their management and administration are an aspect of general contract law, the practical and commercial complexities of the construction industry have increasingly made this a specialist field. Recognizing this, Construction Contracts is a fully revised edition of the UK’s leading textbook on the law governing this area. Brought up to date with recent cases and developments in the law as it stands at July 2000, this new edition: takes full account of the effects of the Housing Grants, Construction and Regeneration Act 1996, the Arbitration Act 1996, the Contracts (Rights of Third Parties) Act 1999 and the changes in the legal system brought about by the Woolf reforms includes extended coverage of financial protection, construction insurance and tendering controls, as well as the Construction (Design and Management) Regulations has been revised to take account of changes to the common standard-form contracts, particularly the New Engineering Contract and the GC/Works family of contracts. Retaining the same basic approach as its successful predecessors, this important text introduces the general principles that underlie contracts in construction, illustrating them by reference to the most important standard forms currently in use.

Author : Steven Baker,Lawrence Akka,Rachel Glass
Publisher : Edward Elgar Publishing
Page : 531 pages
File Size : 50,6 Mb
Release : 2023-07-01
Category : Law
ISBN : 9781839107962

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IT Contracts and Dispute Management by Steven Baker,Lawrence Akka,Rachel Glass Pdf

This comprehensively revised second edition of IT Contracts and Dispute Management offers an in-depth analysis of the legal issues that could potentially arise within each critical stage of a technology project. The authors draw on their extensive practical experience of advising and litigating in this evolving field, and have produced a work that is both authoritative and pragmatic.

Author : Ronald M. Snyder,Earl E. Palmer
Publisher : Unknown
Page : 889 pages
File Size : 41,7 Mb
Release : 2009
Category : Arbitration, Industrial
ISBN : 0433449225

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Collective Agreement Arbitration in Canada by Ronald M. Snyder,Earl E. Palmer Pdf

Author : Morris Stone
Publisher : Praeger
Page : 0 pages
File Size : 51,7 Mb
Release : 1979-11-09
Category : Business & Economics
ISBN : 9780313209666

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Labor-Management Contracts at Work by Morris Stone Pdf

Author : Jürg Künzle
Publisher : Kluwer Law International B.V.
Page : 254 pages
File Size : 51,5 Mb
Release : 2020-07-16
Category : Law
ISBN : 9789403519944

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Multiple Contracts and Coordination in International Construction Projects by Jürg Künzle Pdf

International Arbitration Law Library, Volume Number 57 Collaboration between multiple parties from different countries is one of the main challenges of almost every international undertaking, and this is especially true in the case of large and complex construction projects, such as airport terminals, interchange subway stations, distribution centers, industrial processing and manufacturing facilities or hydropower plants. This comprehensive analysis of key legal issues arising from interdependencies between multiple contracts methodically lays out, from a Swiss law perspective, the way in which coordination of works in construction projects could or should occur. It also examines the legal consequences of coordination failure and various related aspects of dispute resolution. Topics covered include the following: interfaces and interdependencies across the system boundaries of multiple contracts coordination responsibilities derived from the principle of good faith and from a contextual interpretation of interdependence-related FIDIC Red Book provisions; delegation scenarios; liability for breach of contract and legal remedies in case of delay, disruption, defects, destruction and performance impossibility; direct claims against third parties; taking of evidence under substantively intertwined contracts; and coordination of interrelated arbitration proceedings. The detailed analysis draws on numerous specific real-life examples as well as illustrative Swiss and Unites States case law. An appendix offers very useful practice pointers. Although considering Swiss law, which is a frequent choice for the law governing international construction contracts, the analysis deals with an array of conceptual aspects of multiple contracts and coordination, thereby addressing a great number of issues beyond the limits of national law. With its practical examples, the book is sure to be welcomed by those seeking to avoid or resolve disputes to which project coordination may give rise. It will prove of particular value to practitioners negotiating international construction contracts, arbitrators, in-house counsel representing owners and contractors involved in international construction projects, members of dispute review boards and project managers.

Author : P. Fenn,R. Gameson
Publisher : Routledge
Page : 464 pages
File Size : 43,5 Mb
Release : 2003-09-02
Category : Architecture
ISBN : 9781135827069

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Construction Conflict Management and Resolution by P. Fenn,R. Gameson Pdf

This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.

Author : Edward Davies,Peter Fenn,Michael O'Shea
Publisher : Routledge
Page : 888 pages
File Size : 50,7 Mb
Release : 2005-10-05
Category : Architecture
ISBN : 9781135807542

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Dispute Resolution and Conflict Management in Construction by Edward Davies,Peter Fenn,Michael O'Shea Pdf

Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 41,6 Mb
Release : 2016
Category : Electronic
ISBN : 9351438732

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Contracts and Their Management by Anonim Pdf