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Application of Contracts in Engineering and Construction Projects

Application of Contracts in Engineering and Construction Projects

By Donald Charrett

This 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.

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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.

  • About the author

    Dr Donald Charrett, FCIArb, currently practices as a barrister, arbitrator, mediator and Dispute Board member in construction and engineering disputes. He was previously a consulting engineer for over 25 years.

     

  • Product details

    ISBN: 9781138543621

    Published: 2018

    Format: Softcover

  • Table of contents

    Acknowledgements
    Foreword
    Author Profile
    List of Figures and Table
    Table of Cases
    Table of Legislation

    1. Overview

    Part I 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 II The Project and the Contract

    11. The Importance of Standard Form Contracts
    12. Challenges in Achieving Successful Megaprojects
    13. Managing Time, Cost and Quality – a Tale of Two Buildings
    14. A Tale of Two Bridges: Issues Arising from Design and Construct Contracts
    15. State of Tasmania v Leighton Contractors Pty Ltd
    16. The Canterbury Earthquakes I
    17. The Canterbury earthquakes II
    18. Construction Failures: Have We Learned the Lessons of History?
    19. Lessons from Failures – Quebec Bridge
    20. Lessons from Failures – West Gate Bridge


    Part III Avoidance and Resolution of Disputes

    21. The Avoidance of Disputes by Contractors in Design and Construct Contracts
    22. Cost Effective Resolution of Construction Disputes
    23. Dispute Boards and Construction Contracts
    24. The Commercial Value of Dispute Boards Under FIDIC Contracts
    25. The "Best" Method of Resolution of Construction Disputes – Elusive or Illusory?


    Part IV Forensic Engineers and Expert Witnesses

    26. The Engagement of Forensic Engineers
    27. Guidelines for Experts
    28. Getting the Most Out of Expert Witnesses
    29. The Rules for Expert Evidence in Australia


    Part V International Construction Contracts

    30. "A Common Law of Construction Contracts" – or Vive la Différence?
    31. The Use of the Unidroit Principles in International Construction Contracts
    32. Final Comments

    Glossary

    Index

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