Contracts for Construction and Engineering Projects

ISBN-13: 9781032074344 / Miękka / 2023 / 546 str.

Donald Charrett

Opis

This book provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The chapters explore various aspects of the intersection of contracts and construction projects involving the work of engineers and other professionals engaged in construction.

Recenzje

"This text provides helpful context for the roles that all professionals play on a project, and its strength is that it engages with a global audience in its use of case studies and other examples."

- Jaclyn Masters, Principal Lawyer Level Crossing Removal Project, Victoria

 

"The book achieves the aim of assisting engineers to understand better the role of contracts in their work and their necessary interaction with lawyers and by developing a greater awareness among lawyers of engineers' roles in the successful execution of construction projects."

- John Sharkey AM, Commercial Arbitrator

 

"This book is that rare thing in an engineer's or construction lawyer's bookshelf. While it is undoubtedly a useful legal reference in any dispute, the perspective and material it contains are also both interesting and enjoyable to read."

- Toby Shnookal QC, Arbitrator, Expert Determiner, Mediator, Facilitator, Adjudicator, Expert Determination Chambers

 

"This is a book that is not only informative but is also well sourced, comprehensive and consistently easy to read. The case studies are particularly interesting and provide a useful insight into the rights and wrongs on engineering and construction contracts."

- Steven Goldstein, Barrister, Arbitrator, Expert Determiner, Mediator, Dispute Board Member

Spis treści

1  Overview   Part 1 The engineer and the contract   2   The Evolution of the Role of the Engineer   3   Time, Cost and Quality - the Engineer’s Eternal Challenge   4   Risk and Construction Contracts   5   Managing Design Risk   6   Contracts for Design Services   7   Design life or service life: What is the difference?   8   Fit for Purpose or Due Skill and Care?   9   Design & Construct Contracts and Final Design Cost Risk   10   The Duty of Care in Design – Can Engineers Rely on Codes of Practice?   Part 2  The project and the contract   11 Standard Form Contracts   12 The impact of COVID-19 on construction contracts   13 Challenges in Achieving Successful Megaprojects   14 Sydney Opera House – Quality, Quality, Quality!   15 Managing Time, Cost and Quality - a Tale of Two Buildings   16 A Tale of Two Bridges: Issues Arising from Design and Construct Contracts   17 State of Tasmania v Leighton Contractors Pty Ltd   18 The Canterbury Earthquakes I   19 The Canterbury Earthquakes II   20 Construction Failures: Have We Learned the Lessons of History?   21 Lessons from failures – Quebec Bridge   22 Lessons from failures – West Gate Bridge   23 Is conventional insurance for construction projects fit for purpose?   Part 3 Avoidance and resolution of disputes   24 The avoidance of disputes by Contractors in design and construct contracts   25 Cost-effective Resolution of Construction Disputes   26 Dispute Boards and Construction Contracts   27 The commercial value of Dispute Boards under FIDIC contracts   28 FIDIC Conditions of Contract New Edition 2017 and Dispute Boards   29 Construction disputes after COVID-19 – jaw-jaw or war-war?   30 The “best” method of resolution of construction disputes – elusive or illusory?   Part 4 Forensic engineers and expert witnesses   31 The Engagement of Forensic Engineers   32 Guidelines for Experts   33 Getting the Most Out of Expert Witnesses   34 The Rules for Expert Evidence   Part 5 International construction contracts   35 Lex constructionis – or My Country’s Rules?   36 The Use of the UNIDROIT Principles in International Construction Contracts   37 Final Comments   .Glossary

O autorze

Donald Charrett practices in construction law as an arbitrator, mediator, dispute board member and expert. Prior to becoming a lawyer, he worked as a consulting engineer for over 30 years. He has published widely on legal and engineering subjects, including as the author/joint author/editor of six books on construction law.