Aspects of Civil Engineering Contract Procedure ( 3 )

Publication series :3

Author: Marks   R. J.;Marks   R. J. E.;Jackson   R. E.  

Publisher: Elsevier Science‎

Publication year: 2013

E-ISBN: 9781483293301

P-ISBN(Paperback): 9780080316383

Subject: D91 Legal departments

Keyword: 法律

Language: ENG

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Description

Revised and expanded, this book provides an up-to-date and comprehensive description of civil engineering contract procedures, and covers the whole spectrum of the legal, contractual and valuation implications of contracts for construction works. This third edition covers relevent English Law up to 1983. The extensive amendments also include a thoroughly revised chapter on overseas contracts, and a comparison of the JCT 80 contract with the ICE contract.

Chapter

CHAPTER 1. INTRODUCTION

CHAPTER 1. INTRODUCTION

Scope of Civil Engineering Work

Scope of Civil Engineering Work

Forms of Contract

Forms of Contract

Parties to the Contract

Parties to the Contract

Engineer's Responsibilities and Duties

Engineer's Responsibilities and Duties

Direct Labour

Direct Labour

Contractors

Contractors

Sub-contractors

Sub-contractors

Negligence

Negligence

Consultants

Consultants

Resident Engineers

Resident Engineers

Agent

Agent

Quantity Surveyors

Quantity Surveyors

Co-operation

Co-operation

CHAPTER 2. LEGAL ASPECTS OF CONTRACTS

CHAPTER 2. LEGAL ASPECTS OF CONTRACTS

The Formation of a Contract

The Formation of a Contract

Offer and Acceptance

Offer and Acceptance

"Battle of Forms"

"Battle of Forms"

Certainty of Terms

Certainty of Terms

Consideration

Consideration

Contracts Which Must be in Writing

Contracts Which Must be in Writing

The Parties to a Contract

The Parties to a Contract

Construing Contracts

Construing Contracts

Rules of Construction

Rules of Construction

Express and Implied Terms

Express and Implied Terms

Rectification

Rectification

Waiver

Waiver

Work Done before Contract

Work Done before Contract

Arbitration

Arbitration

Private International Law

Private International Law

European Communities Law

European Communities Law

CHAPTER 3. TYPES OF CONTRACT AND THEIR STANDARD FORMS

CHAPTER 3. TYPES OF CONTRACT AND THEIR STANDARD FORMS

Types of Contract

Types of Contract

Standard Forms of Contract

Standard Forms of Contract

Conditions of Contract

Conditions of Contract

Lump Sum Contracts without Quantities

Lump Sum Contracts without Quantities

Bills of Quantities Contract

Bills of Quantities Contract

Schedule Contracts

Schedule Contracts

Cost Reimbursement Contracts

Cost Reimbursement Contracts

Hybrid Contracts

Hybrid Contracts

The Choice of a Contract

The Choice of a Contract

Form of Tender (Appendix)

Form of Tender (Appendix)

Differences between Civil Engineering and Building Contracts

Differences between Civil Engineering and Building Contracts

CHAPTER 4. PREPARATION OF THE CONTRACT DOCUMENTS

CHAPTER 4. PREPARATION OF THE CONTRACT DOCUMENTS

Pre-contract Programme

Pre-contract Programme

Drawings, Specifications, Bills of Quantities

Drawings, Specifications, Bills of Quantities

Risk Borne by the Contractor

Risk Borne by the Contractor

The Preliminary Bill

The Preliminary Bill

Dayworks

Dayworks

Working Rule Agreements

Working Rule Agreements

Estimates of Nominated Sub-contractors

Estimates of Nominated Sub-contractors

Sureties and Performance Bonds

Sureties and Performance Bonds

Unit Rates

Unit Rates

CHAPTER 5. COST

CHAPTER 5. COST

Approximate Estimates

Approximate Estimates

Critical Path Method

Critical Path Method

Discounted Cash Flow

Discounted Cash Flow

CHAPTER 6. TENDERING PROCEDURE

CHAPTER 6. TENDERING PROCEDURE

Types of Tender

Types of Tender

The Negotiated Tender

The Negotiated Tender

Selective Tendering

Selective Tendering

Examination of Tenders

Examination of Tenders

Correction of Errors

Correction of Errors

Open Tendering

Open Tendering

Contractor's Alternative Proposals

Contractor's Alternative Proposals

Bulk Purchasing

Bulk Purchasing

CHAPTER 7. INDEMNITIES AND INSURANCES

CHAPTER 7. INDEMNITIES AND INSURANCES

Indemnity Clauses

Indemnity Clauses

Types of Insurance Policies and Their Terms

Types of Insurance Policies and Their Terms

Excepted Risks

Excepted Risks

Insurance of the Works

Insurance of the Works

Public Liability Policies

Public Liability Policies

Employer's Liability Policies

Employer's Liability Policies

Insurance and the I.C.E. Contract

Insurance and the I.C.E. Contract

Insurance and the J.C.T. Contract

Insurance and the J.C.T. Contract

Insurance and the GC/Works/1 Contract

Insurance and the GC/Works/1 Contract

Nuisance

Nuisance

CHAPTER 8. FORFEITURE, DETERMINATION AND FRUSTRATION

CHAPTER 8. FORFEITURE, DETERMINATION AND FRUSTRATION

Breach of Contract and Determination

Breach of Contract and Determination

Bankruptcy and Liquidation

Bankruptcy and Liquidation

Grounds for Determination

Grounds for Determination

Procedure after Determination

Procedure after Determination

Frustration

Frustration

CHAPTER 9. LIQUIDATED DAMAGES, DELAY AND EXTENSION OF TIME

CHAPTER 9. LIQUIDATED DAMAGES, DELAY AND EXTENSION OF TIME

Delay

Delay

Extension of Contract Time

Extension of Contract Time

Liquidated Damages

Liquidated Damages

Time is of the Essence

Time is of the Essence

CHAPTER 10. MANAGEMENT AND SETTLEMENT OF MEASUREMENT CONTRACTS

CHAPTER 10. MANAGEMENT AND SETTLEMENT OF MEASUREMENT CONTRACTS

Interim Payments

Interim Payments

Retention and Certificates

Retention and Certificates

The Final Account

The Final Account

Nominated Sub-contractors

Nominated Sub-contractors

Dayworks

Dayworks

Fluctuations

Fluctuations

Rate-fixing

Rate-fixing

Claims

Claims

Settlement of the Final Account

Settlement of the Final Account

CHAPTER 11. MANAGEMENT AND SETTLEMENT OF COST REIMBURSEMENT CONTRACTS

CHAPTER 11. MANAGEMENT AND SETTLEMENT OF COST REIMBURSEMENT CONTRACTS

Cost Control

Cost Control

Labour

Labour

Plant

Plant

Materials

Materials

Sub-contracts

Sub-contracts

Valuations

Valuations

Adjustment of the Fixed Fee

Adjustment of the Fixed Fee

Direct Labour Contracts

Direct Labour Contracts

CHAPTER 12. OVERSEAS CONTRACTS—FINANCE AND PROCEDURES

CHAPTER 12. OVERSEAS CONTRACTS—FINANCE AND PROCEDURES

Finance for Overseas Works

Finance for Overseas Works

Overseas Forms of Contract

Overseas Forms of Contract

Overseas (Civil) Conditions of Contract

Overseas (Civil) Conditions of Contract

Conditions of Contract (International) for Works of Civil Engineering Construction

Conditions of Contract (International) for Works of Civil Engineering Construction

Other Standard Forms of Contract for Overseas Work

Other Standard Forms of Contract for Overseas Work

APPENDIX 1: CROSS REFERENCES TO I.C.E. (5TH ED.), J.C.T. PRIVATE (WITH QUANTITIES), 1980 AND GC/WORKS/1 (EDITION 2)

APPENDIX 1: CROSS REFERENCES TO I.C.E. (5TH ED.), J.C.T. PRIVATE (WITH QUANTITIES), 1980 AND GC/WORKS/1 (EDITION 2)

Clause References

Clause References

APPENDIX 2: EVENTS WHICH MAY JUSTIFY AN EXTENSION OF TIME UNDER THE I.C.E. CONTRACT

APPENDIX 2: EVENTS WHICH MAY JUSTIFY AN EXTENSION OF TIME UNDER THE I.C.E. CONTRACT

APPENDIX 3: EVENTS WHICH MAY JUSTIFY AN EXTENSION OF TIME UNDER J.C.T. STANDARD FORM CONTRACTS

APPENDIX 3: EVENTS WHICH MAY JUSTIFY AN EXTENSION OF TIME UNDER J.C.T. STANDARD FORM CONTRACTS

APPENDIX 4: BIBLIOGRAPHY

APPENDIX 4: BIBLIOGRAPHY

INDEX

INDEX

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