Chern on Dispute Boards

Chern on Dispute Boards
Title Chern on Dispute Boards PDF eBook
Author Cyril Chern
Publisher John Wiley & Sons
Pages 430
Release 2011-09-13
Genre Technology & Engineering
ISBN 1119951992

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A dispute board is a panel of impartial members, appointed at the outset of the construction contract, whose purpose is to monitor progress, resolve disputes as they arise and provide a forum for discussing difficult matters. This book provides an in depth analysis of dispute board law and detailed, practical explanations of how dispute boards work in construction contracts for those actively involved. as well as for those who need to learn the process. Important features of the book include: Explanation of how a dispute board works: Insider knowledge of board operations: Key documents to run a dispute board: Detailed discussion of dispute board law (covering key jurisdictions worldwide): Forms of practice and procedure, and sample documents Reviews of the previous edition "Chern's book provides an extremely practical guide, covering not only an introduction to the process but also providing check lists and sample documentation.... This book will be welcome by practitioners in the area and newcomers to the dispute board process." —The International Journal of Arbitration, Mediation and Dispute Management, November 2009 "This book will provide a very useful, perhaps essential, guide to parties commissioning large capital construction projects, those advising them and those bidding to carry out such works, and importantly, the project funders." —The Expert & Dispute Resolver "This is a must-have book for grown up contractors" —Tony Bingham, Building "His timely work ...concentrating on what may prove to be the primary means of dispute resolution for major international construction projects is to be welcomed." —HHJ Humphrey Lloyd, QC, The International Construction Law Review "This excellent book on Dispute Boards is a must for every construction lawyer, engineer, architect and contractor who is either involved in Dispute Boards or wants to be" —Herbert Wilson, The Journal of the Dispute Board Federation

Chern on Dispute Boards

Chern on Dispute Boards
Title Chern on Dispute Boards PDF eBook
Author Cyril Chern
Publisher CRC Press
Pages 769
Release 2015-05-22
Genre Law
ISBN 1317630696

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Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boards on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari’ah law. Excelling in describing the "how and why", this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs. Readers of this this updated third edition will have explained to them the various international formats and types of dispute boards in use today and be brought up-to-date on the ever evolving law within the field. New to this 3rd edition is the extensive coverage of appeals from Dispute Board Decisions, the laws relative to appeals and the ICC, enforcement procedures and new forms and guidelines for the practitioner. This book guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world. It is therefore, the number one guide for construction lawyers, engineers and dispute board stakeholders worldwide.

Chern on Dispute Boards

Chern on Dispute Boards
Title Chern on Dispute Boards PDF eBook
Author Cyril Chern
Publisher John Wiley & Sons
Pages 395
Release 2008-04-30
Genre Technology & Engineering
ISBN 0470698063

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Dispute boards were first introduced almost 20 years ago. Sincethen close to $100 billion US dollars worldwide has been spent onconstruction projects that have used dispute boards. Of these, 98%were constructed without any court battles and of the remaining 2%,the dispute board decisions were upheld by either arbitrationand/or the court: a truly impressive record. Yet very little isknown about what dispute boards are and how they operate. This book provides the knowledge necessary for those activelyinvolved in dispute board work as well as for those who need tolearn the process. Important features of the book include: analysis of the differences between dispute adjudicationboards, dispute resolution boards and combined dispute boards in-depth discussion of both the existing and historicalinternational case law on dispute boards, including its historyunder the British common law, European civil law and MuslimSharī’ah law analysis of the differences between the various major standardforms of dispute board rules – FIDIC, International Chamberof Commerce and DBFederation - along with sample wording to add toor modify these forms as needed. analysis of how referrals are made to dispute boards and sampleforms. an in-depth discussion of the ethical requirements relating todispute board members comparison of board selection techniques with guidelines forimplementation and recommendations for the parties sample forms for use in establishing a dispute board discussion of site visits, how they should be conducted andsample forms general forms for use in operating a dispute board, formagendas, form reports and their use how to use a dispute board as a sounding board forgrievances in depth discussion of how to write a decision orrecommendation with examples of actual dispute board decisions andrecommendations disclosure forms, questionnaires for potential board members,and comparison of board member agreements and sample forms a discussion of how to effectively use witnesses and thepreparation and presentation of witness statements in dispute boardhearings forms of notice and procedural rules governing the operation ofdispute boards international case studies with claims, responses anddecisions analysis of situations requiring the removal of dispute boardmembers and form agreements for their removal discussion of the use of dispute boards in areas other thanconstruction.

The Law of Construction Disputes

The Law of Construction Disputes
Title The Law of Construction Disputes PDF eBook
Author Cyril Chern
Publisher Taylor & Francis
Pages 1003
Release 2019-09-17
Genre Law
ISBN 0429648685

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Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.

Construction Contract Variations

Construction Contract Variations
Title Construction Contract Variations PDF eBook
Author Michael Sergeant
Publisher CRC Press
Pages 589
Release 2014-05-23
Genre Law
ISBN 1317685156

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Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.

FIDIC Contracts: Law and Practice

FIDIC Contracts: Law and Practice
Title FIDIC Contracts: Law and Practice PDF eBook
Author Ellis Baker
Publisher CRC Press
Pages 805
Release 2013-07-31
Genre Law
ISBN 131791189X

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FIDIC Contracts: Law and Practice is sure to become the leading industry standard guide to using the FIDIC forms, and is the only book to date which deals with the whole suites of contracts, including the new gold book for Design, Build and Operate projects. The White & Case work is outstanding in its detailed consideration and treatment of the legal aspects of the interpretation and application of the Conditions, touching on many points that most people would not have encountered. Humphrey LLoyd, International Construction Law Review [2010] ICLR 386

Remedies in Construction Law

Remedies in Construction Law
Title Remedies in Construction Law PDF eBook
Author Roger ter Haar
Publisher Taylor & Francis
Pages 485
Release 2017-06-14
Genre Law
ISBN 1317194950

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Remedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. Now in a fully updated second edition, it covers topics such as: Damages Termination Quantum Meruit Recovery Injunctions Limitation ADR This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.