Arbitration Practice in Construction Contracts

Adjudication was introduced in construction contracts as a requirement of the Housing Grants, Construction and Regeneration Act in 1998 to tackle the large number of disputes which dog most projects. Provisions for adjudication are now included in all standard construction forms and are implied into all construction contracts that do not expressly include them. When adjudication was first launched there were enormous uncertainties about how it would work in practice, and books published to coincide with the launch could only speculate on this. This new guide, written by a construction lawyer and experienced adjudicator, is the first to explain how adjudication is actually working in practice. It covers all the major court decisions which have clarified enforcement, adjudicator errors and problems such as definition of construction contracts, jurisdiction, insolvency, natural justice and human rights. It also deals with the complex requirements of the legislation regarding payment terms. This will provide a highly readable, but authoritative guide for all involved in adjudications, whether contracts directors, construction consultants, lawyers or adjudicators.

The most significant unanticipated costs on many construction projects are the financial impacts associated with delay and disruption to the works. Assessing these, and establishing a causal link from each delay event to its effect, contractual liability and the damages experienced as a direct result of each event, can be difficult and complex. This book is a practical guide to the process of delay analysis and includes an in-depth review of the primary methods of delay analysis, together with the assumptions that underlie the precise calculations required in any quantitative delay analysis. The techniques discussed can be used on projects of any size, under all forms of construction contract, both domestic and international. The authors discuss not only delay analysis techniques, but also their appropriateness under given circumstances, demonstrating how combined approaches may be applied where necessary. They also consider problematic issues including ‘who owns the float’, concurrent delay, early completion programmes, and disruption. The book has been brought fully up to date, including references to the latest publications from the CIOB, AACEI and SCL, as well as current case law. Broad in scope, the book discusses the different delay analysis approaches likely to be encountered on national and international projects, and features practical worked examples and case studies demonstrating the techniques commonly used by experienced practitioners. This is an invaluable resource to programmers and schedulers, delay analysts, contractors, architects, engineers and surveyors. It will also be of interest to clients’ professional advisors managing extension of time or delay claims, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. Reviews of First Edition «John Keane and Anthony Caletka are pukka analysts in that tricky area of delays, programming and extension of time. I highly recommend their book Delay Analysis in Construction Contracts. Buy the book.» (Building Magazine, February 2009) «The book′s stated purpose is to provide a practical guide for those interested in schedule delay analysis. It provides a good in–depth review of the most common delay analysis techniques.... An excellent book, full of practical tips for the reader and very timely in its publication. It is well worth the cost and a good read for anyone involved in schedule delay analysis.» (Cost Engineering, February 2009) It achieves in spades its stated aim of being a practical guide for contractors, contract administrators, programmers and delay analysts, as well as construction lawyers who require a better understanding of the underlying assumptions on which many quantitative delay analyses are based. (Construction Law Journal, 2009)

Many large construction projects, such as those in the Middle East or Asia Pacific, are international in scope with a range of contractors and subcontractors signing contracts for delivery of specified work or services. The contractual situation in these instances may be complex and potentially includes a range of standard and bespoke contractual arrangements. In addition, the parties to these contracts may be based in different parts of the world, and are often working to different legal systems and understandings. This can lead to confusion in the understanding, interpretation and execution of a given contract. International Construction Contracts provides concise and practical guidance to those involved in the negotiation and management of international construction and engineering contracts. It sets out in clear, straightforward language the main features of construction contracts and international dispute resolution procedures. It ensures the reader is aware of the issues that might arise on the contractual side of their project so that they may better protect their party's interests. Many of the features and points discussed are illustrated by reference to the popular FIDIC contracts and the book includes a commentary on the two most widely used FIDIC design-build forms, the Yellow and Silver Books. Also included in the book is a fully worked example of a typical ICC arbitration from start to finish, with «pleadings», a detailed case narrative and commentary on events, and an example arbitration award. The ICC and SIAC arbitration rules are also provided. Written for construction professionals, the book will be of great interest to engineers, architects, project managers, quantity surveyors, contract managers and contract administrators working on international projects.

Multi-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.

This is the first post-Egan book to look at benchmarking and KPIs (key performance indicators) in the construction industry. Benchmarking is one of the key management techniques the construction industry now needs to adopt if it is to meet challenging new efficiency and productivity targets as well as clients' demands for best value. Contracts are increasingly being awarded only to contractors who can demonstrate the lean construction practices that come with benchmarking. This authoritative and accessible book: * clarifies the thinking behind benchmarking and why firms must now adopt it *shows how to set up effective benchmarking *explains the theoretical background and offers clear, practical guidance *demonstrates best practice though reference to case studies. There are nine case studies describing the use of KPIs and the application of the EFQM excellence model – including contributions from Morrison and John Mowlem The author Steve McCabe is senior lecturer in the School of Property and Construction at the University of Central England in Birmingham. He has conducted extensive research in quality improvement techniques and benchmarking and has wide experience in industry with a number of contractors and within the local authority sector.

The must-have reference on construction product representation—and the essential study aid for the Certified Construction Product Representative (CCPR) Exam The CSI Practice Guides are a library of comprehensive references specifically and carefully designed for the construction professional. Each book examines important concepts and best practices integral to a particular aspect of the building process. The CSI Construction Product Representation Practice Guide is an authoritative resource for the principles and best practices of effective construction product representation. This easy-to-follow guide includes: Coverage of the construction process and the roles the construction product representative can play in it Information that clients require to select appropriate products to meet project requirements Knowledge, preparation, and use of construction documents The role the product representative plays in an Integrated Product Delivery (IPD) workflow Access to a password-protected website with bonus content, including a PDF of the printed book and copies of CSI format documents, such as UniFormat and SectionFormat/PageFormat The CSI Construction Product Representation Practice Guide is an essential resource for building product manufacturers, sales representatives, and related professionals and a valuable study aid to help prepare for the Certified Construction Product Representative (CCPR) Exam.

Construction projects are beset with disputes. In 1960 around 250 writs were issued relating to construction disputes. Within 30 years this number increased five-fold, and in the 20 years since then the number of disputes has not fallen. Some disputes are significant, others are quite minor, but most could probably be avoided. Disputes originate in disagreements or conflict between individuals, which if addressed early, can prevent escalation into situations that are difficult, expensive and time consuming to resolve. Conflicts in Construction deals with all types of conflict but concentrates on the conflicts that lead to disputes in construction projects. The book shows the reader how to avoid, manage and resolve conflicts before they become serious disputes. The first edition of Conflicts in Construction was read widely and saved many individuals and companies from falling into intractable disputes. The second edition, fully updated, forms the base content for the Hill/ Knowles seminar series on conflicts, delivered around the globe by the author, and will be an important read for everyone employed in the construction industry.

Today’s networks of processors on and off chip, operating with independent clocks, need effective synchronization of the data passing between them for reliability. When two or more processors request access to a common resource, such as a memory, an arbiter has to decide which request to deal with first. Current developments in integrated circuit processing are leading to an increase in the numbers of independent digital processing elements in a single system. With this comes faster communications, more networks on chip, and the demand for more reliable, more complex, and higher performance synchronizers and arbiters. Written by one of the foremost researchers in this area of digital design, this authoritative text provides in-depth theory and practical design solutions for the reliable working of synchronization and arbitration hardware in digital systems. The book provides methods for making real reliability measurements both on and off chip, evaluating some of the common difficulties and detailing circuit solutions at both circuit and system levels. Synchronization and Arbitration in Digital Systems also presents: mathematical models used to estimate mean time between failures in digital systems; a summary of serial and parallel communication techniques for on-chip data transmission; explanations on how to design a wrapper for a locally synchronous cell, highlighting the issues associated with stoppable clocks; an examination of various types of priority arbiters, using signal transition graphs to show the specification of different designs (from the simplest to more complex multi-way arbiters) including ways of solving problems encountered in a wide range of applications; essential information on systems composed of independently timed regions, including a discussion on the problem of choice and the factors affecting the time taken to make choices in electronics. With its logical approach to design methodology, this will prove an invaluable guide for electronic and computer engineers and researchers working on the design of digital electronic hardware. Postgraduates and senior undergraduate students studying digital systems design as part of their electronic engineering course will struggle to find a resource that better details the information given inside this book

This book presents the theoretical background as well as best practice examples of estimating in heavy construction. The examples stem from practitioners in international large-scale construction projects. As distinct from other publications on estimating, this book presents specific numbers and costs are calculated precisely. In this way the book helps to avoid errors in the estimating of construction projects like roads, bridges, tunnels, and foundations.

The CSI Sustainable Design and Construction Practice Guide is a compilation of information and recommended best practices for those who participate in the design and construction of commercial-level sustainable facilities. It offers guidelines and standards for applying sustainable design and construction principles in practical terms. This Practice Guide includes an overview of sustainable design standards and rating systems; an overview of green products and systems, and how to evaluate them; the lifecycle of a building; and the roles and responsibilities of members of the design and construction team.