Security Of Payment In The Australian Building And Construction Industry

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International Contractual and Statutory Adjudication

Author : Andrew Burr
Publisher : Taylor & Francis
Page : 534 pages
File Size : 53,5 Mb
Release : 2017-04-07
Category : Law
ISBN : 9781315294513

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International Contractual and Statutory Adjudication by Andrew Burr Pdf

A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction, together with a copy of the relevant local legislation, and permits a comparative approach between each. This book addresses statutory adjudication in a way that is practically useful and academically rigorous. As such, it remains an essential reference for any lawyer, project manager,contractor or academic involved with the commercial and construction fields.

Construction Arbitration and Alternative Dispute Resolution

Author : Renato Nazzini
Publisher : Taylor & Francis
Page : 471 pages
File Size : 40,8 Mb
Release : 2021-10-21
Category : Law
ISBN : 9781000448696

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Construction Arbitration and Alternative Dispute Resolution by Renato Nazzini Pdf

This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.

FIDIC Contracts in Asia Pacific

Author : Donald Charrett
Publisher : Taylor & Francis
Page : 746 pages
File Size : 48,5 Mb
Release : 2021-11-29
Category : Law
ISBN : 9781000458039

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FIDIC Contracts in Asia Pacific by Donald Charrett Pdf

FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project subject to the relevant laws. FIDIC Contracts in Asia Pacific provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws for a number of the jurisdictions in which FIDIC contracts are used. The laws that apply to the governing law of the contract, construction works and dispute resolution in each jurisdiction are identified. This book offers chapters on the FIDIC Conditions of Contract for Underground Works, and the perspective of a bilateral aid agency on the use of FIDIC contracts. Each jurisdiction features an outline of its construction industry and information on the impact of Covid-19 on both the execution of construction projects and the operation of construction contracts. This book is essential reading for construction professionals, lawyers and students of construction law using FIDIC contracts.

Contracts for Infrastructure Projects

Author : Philip Loots,Donald Charrett
Publisher : Taylor & Francis
Page : 909 pages
File Size : 49,9 Mb
Release : 2022-05-18
Category : Law
ISBN : 9781000566567

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Contracts for Infrastructure Projects by Philip Loots,Donald Charrett Pdf

Contracts for Infrastructure Projects: An International Guide provides a guide to the law relating to construction contracts for infrastructure projects; it is intended for the use of engineers and other professionals who are involved in the negotiation and administration of construction contracts, to enable them to understand the risks involved, and how to minimise them. The principles of construction law outlined in this book apply to small construction contracts as well as very large contracts for which the contract sum may be in the billions of dollars. The focus of the book is on construction contracts entered into by commercial organisations operating in a business environment. Contract law generally assumes that such parties are of equal bargaining power and puts relatively few fetters on their ability to agree on the terms of their bargain. However, where legislation impacts on the execution of construction projects or the operation of construction contracts it may be of major importance in protecting the rights of weaker parties or third parties. It is assumed that the users of this book will be familiar with the general concepts of tendering and contracting for engineering and construction projects but may not have any formal knowledge of the law. To the extent possible, the emphasis is on general principles of contract law that are widely accepted in many jurisdictions. Examples are drawn from case law in a number of common law jurisdictions, as well as from civil codes.

A Practical Guide to Construction Adjudication

Author : James Pickavance
Publisher : John Wiley & Sons
Page : 768 pages
File Size : 51,5 Mb
Release : 2015-10-23
Category : Law
ISBN : 9781118717943

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A Practical Guide to Construction Adjudication by James Pickavance Pdf

In the United Kingdom, adjudication is available as a right for parties to a construction contract, following the enactment of the Housing Grants Construction and Regeneration Act 1996. In general, within a comparatively short period of time, parties in dispute will have a decision from an adjudicator, which, except in limited circumstances, the courts will enforce. Adjudication has become the number one method of dispute resolution in the construction industry. The short timescale means that a party needs to know what to do, when to do it and be able to check that the other party and the adjudicator are following the right steps. A Practical Guide to Construction Adjudication gives parties the necessary information to achieve this. It provides a straightforward overview of the process and procedure of adjudication by reference to legislation and case law, augmented with practical guidance including suggestions on what to do or not to do, drafting tips and checklists. Separate chapters for Scotland and Northern Ireland identify and explain the differences in procedure and judicial interpretation between those jurisdictions and England and Wales, and further detailed explanations of the adjudication regimes in Australia, Ireland, Malaysia, New Zealand and Singapore are included. Each of the chapters on jurisdictions outside England and Wales has been written by senior experts in those jurisdictions to ensure the content is accurate and insightful. There are a range of helpful appendices including a bank of model form adjudication documents and tabulated detailed comparisons of the Scheme for Construction Contracts, the other major adjudication rules, the major adjudicator nominating bodies and the UK and international regimes. Readers will particularly appreciate the most comprehensive index of adjudication cases available, sorted into 260 subject headings providing immediate access to all the reported cases on any adjudication topic.

Security of Payment in NSW, Victoria, ACT, Tasmania and SA, 2nd Edition

Author : Jeffrey Wilson
Publisher : Unknown
Page : 128 pages
File Size : 51,5 Mb
Release : 2015-06-30
Category : Building laws
ISBN : 0409340936

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Security of Payment in NSW, Victoria, ACT, Tasmania and SA, 2nd Edition by Jeffrey Wilson Pdf

oÂeÂ~oÂe¦There is no doubt that this contribution to the sparsely available material in this area will be of great interest and assistance to the very many principals, contractors, adjudicators, consultants, lawyers, courts and others advising on, or dealing with, payment claimsoÂe¦oÂeÂ(tm) Justice John Digby, Supreme Court of Victoria This second edition has been expanded to cover the ACT, Tasmania and South Australia in addition to New South Wales and Victoria and provides a comprehensive examination of all the case law which has interpreted the Building and Construction Industry Security of Payment Acts in these states. In 1999, New South Wales led the way in Australia by introducing a radical new payment regime for the building and construction industry. Victoria was the next state to follow with legislation which was almost identical to New South Wales however, subsequent amendments to both statesoÂeÂ(tm) legislation mean there are now many differences between them. The ACT, Tasmania and South Australia each subsequently enacted their versions of the legislation and although clearly based on the New South Wales Act, there are differences and nuances that make each piece of legislation unique. Features oÂeo Detailed and comprehensive annotations to key legislation oÂeo Quick reference to the current law and interpretation of particular provisions oÂeo Comparative table of the legislation oÂeo Authoritative analysis of cases considering the legislation Related Titles Building Contracts Australia, looseleaf and online Building Regulation Australia, looseleaf and online Cremean, Whitten & Sharkey, Brooking on Building Contracts, 2013

Arbitration and Dispute Resolution in the Resources Sector

Author : Gabriël A. Moens,Philip Evans
Publisher : Springer
Page : 259 pages
File Size : 49,7 Mb
Release : 2015-05-18
Category : Law
ISBN : 9783319174525

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Arbitration and Dispute Resolution in the Resources Sector by Gabriël A. Moens,Philip Evans Pdf

This book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration. The book offers fascinating insights into the use of arbitration to investment disputes involving resources companies in the African OHADA countries, Australia and other countries. It offers an Australian perspective which will be useful to discerning arbitration scholars and dispute resolvers. In addition, the book provides useful information on how to draft arbitration clauses for resources sector contracts. This publication will be of interest to members of the academic research community and will also appeal to dispute resolution professionals and practitioners.

Adjudication in Construction Law

Author : Darryl Royce
Publisher : Taylor & Francis
Page : 607 pages
File Size : 47,6 Mb
Release : 2022-01-20
Category : Law
ISBN : 9781000487954

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Adjudication in Construction Law by Darryl Royce Pdf

This book collects all the relevant material regarding the process of adjudication in construction. It provides clarity for those involved in the adjudication process or related proceedings with detailed and reliable analysis of them supported by statutory provisions and judicial observations. Adjudication in Construction Law discusses the role of ‘true value’ adjudications following smash and grab decisions on the basis of the absence of a pay less notice, the restraint of adjudication by injunction, hybrid contracts dealing with both construction operations and other operations and timing and content of payment notices and pay less notices. Additionally, this book includes a summary of the different procedures adopted in other jurisdictions, as well as an explanation of the payment procedures under the statutory framework. It also goes on to append all the relevant statutory material, contractual adjudication procedures and forms. A new feature of this edition is a detailed analysis and discussion of the development and of the ‘rules’ relating to the acceptability of a wrong answer provided that the right question has been dealt with, only one dispute being susceptible to adjudication and the necessity or otherwise of a dispute ‘arising under’ the construction contract. A clear and comprehensive aid, this book is an essential read for lawyers or construction professionals involved in adjudication.

Construction Law

Author : Julian Bailey
Publisher : CRC Press
Page : 3567 pages
File Size : 54,9 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317627241

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Construction Law by Julian Bailey Pdf

Now in its second edition, Construction Law is the standard work of reference for busy construction law practitioners, and it will support lawyers in their contentious and non-contentious practices worldwide. Published in three volumes, it is the most comprehensive text on this subject, and provides a unique and invaluable comparative, multi-jurisdictional approach. This book has been described by Lord Justice Jackson as a "tour de force", and by His Honour Humphrey LLoyd QC as "seminal" and "definitive". This new edition builds on that strong foundation and has been fully updated to include extensive references to very latest case law, as well as changes to statutes and regulations. The laws of Hong Kong and Singapore are also now covered in detail, in addition to those of England and Australia. Practitioners, as well as interested academics and post-graduate students, will all find this book to be an invaluable guide to the many facets of construction law.

Final Report to the Minister for Commerce

Author : John Fiocco
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 2018-10-31
Category : Electronic
ISBN : 0646996274

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Final Report to the Minister for Commerce by John Fiocco Pdf

Report from John Fiocco to the Minister for Commerce, the Hon Bill Johnston MLA, with recommendations to improve payment protections in the Western Australian building and construction industry.

Construction Law in the 21st Century

Author : Renato Nazzini
Publisher : Taylor & Francis
Page : 272 pages
File Size : 46,8 Mb
Release : 2024-07-30
Category : Law
ISBN : 9781040085370

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Construction Law in the 21st Century by Renato Nazzini Pdf

Marking the 35th anniversary of the Centre of Construction Law & Dispute Resolution at King’s College London, this volume brings together a large and illustrious group of contributors to create a comprehensive and authoritative guide cutting across all key areas of contemporary construction law, ranging from construction arbitration to procurement and contract law. It takes an international approach to construction law and considers issues such as investor-State dispute settlement, insolvency and liquidated damages in civil law and common law jurisdictions and procurement from a comparative perspective, as well as certain key common law/English law topics (such as fitness for purpose) that are of relevance to an international audience. The book provides detailed and practical guidance to the legal framework of the construction industry for barristers, solicitors, arbitrators, adjudicators, academics, contract managers, construction consultants and quantity surveyors, among others.