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Full Description
Written by an engineer and construction lawyer with many years of experience, The Application of Contracts in Engineering and Construction Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. Compiling papers written and edited by the author, it draws together a lifetime of lessons learned in these fields and covers the topics a practicing professional might encounter in such a project, developed in bite-sized chunks.Key topics included are:the engineer and the contract; the project and the contract;avoidance and resolution of disputes; forensic engineers and expert witnesses; and international construction contracts.The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into, and the consequences that may ensue if this is not done, makes The Application of Contracts in Engineering and Construction Projects essential reading for construction professionals, lawyers and students of construction law.
Contents
AcknowledgementsForewordAuthor ProfileList of Figures and TableTable of CasesTable of Legislation1. OverviewPart I The Engineer and the Contract2. The Evolution of the Role of the Engineer3. Time, Cost and Quality - the Engineer's Eternal Challenge4. Risk and Construction Contracts5. Managing Design Risk6. Contracts for Design Services7. 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 Risk10. The Duty of Care in Design - Can Engineers Rely on Codes of Practice?Part II The Project and the Contract11. The Importance of Standard Form Contracts12. Challenges in Achieving Successful Megaprojects13. Managing Time, Cost and Quality - a Tale of Two Buildings14. A Tale of Two Bridges: Issues Arising from Design and Construct Contracts15. State of Tasmania v Leighton Contractors Pty Ltd16. The Canterbury Earthquakes I17. The Canterbury earthquakes II18. Construction Failures: Have We Learned the Lessons of History?19. Lessons from Failures - Quebec Bridge20. Lessons from Failures - West Gate BridgePart III Avoidance and Resolution of Disputes21. The Avoidance of Disputes by Contractors in Design and Construct Contracts22. Cost Effective Resolution of Construction Disputes23. Dispute Boards and Construction Contracts24. The Commercial Value of Dispute Boards Under FIDIC Contracts25. The "Best" Method of Resolution of Construction Disputes - Elusive or Illusory?Part IV Forensic Engineers and Expert Witnesses26. The Engagement of Forensic Engineers27. Guidelines for Experts28. Getting the Most Out of Expert Witnesses29. The Rules for Expert Evidence in AustraliaPart V International Construction Contracts30. "A Common Law of Construction Contracts" - or Vive la Difference?31. The Use of the Unidroit Principles in International Construction Contracts32. Final CommentsGlossaryIndex
