Macroberts on Scottish Construction Contracts

Informationen zum Autor MacRoberts LLP is a full-service commercial law firm, working from offices in Edinburgh, Glasgow and Dundee. The MacRoberts Construction Group is one of the largest in Scotland, with clients including public sector bodies, private developers, contractors, sub-contractors and professionals in all areas of the construction industry. MacRoberts is recognised as leaders in all aspects of Construction law with specialist lawyers able to provide advice covering the full range of construction law issues, across all parts of the construction process, from advice on appropriate forms of procurement, contract assembly and negotiation through to dispute management and resolution, including mediation, adjudication, arbitration and court. Klappentext Provides a guide to the general principles of Scottish law relevant to construction contracts and the main provisions of the standard forms of construction contract used in Scotland including:* the obligations of employers and contractors* certification* payment* ending a construction contract* remedies* subcontracts* collateral warranties* insurance* dispute resolution* regulatory mattersThe new edition has been substantially updated and expanded to take account of the latest editions of the Scottish Standard Building Contracts and recent case law. Specific updates have been driven by the following changes to legislation and standard contracts* Local Democracy Economic Development and Construction Act 2009 and the relative Scheme for Construction Contracts* Arbitration (Scotland) Act 2010* Recognising the significant increase in use of NEC3 standard forms of contract, references to NEC3 provisions have been introduced throughout the relevant chapters so that each now covers the common law, the SBCC provisions and the NEC3 provisions.It also features new chapters on: litigation; competition; the Bribery Act 2010; and guarantees and bonds.From reviews of previous editions:* 'very approachable and readable... I would particularly recommend this book to non-legal construction professionals' - Construction & Engineering Law* 'an informative textbook for the practitioner... [a] significant contribution to knowledge' - Arbitration* 'a highly competent... textbook which would be of value for industry professionals with no legal background' - Construction Law Zusammenfassung A guide to the general principles of Scottish law relevant to construction contracts and the main provisions of the standard forms of construction contract used in Scotland including: the obligations of employers and contractors; certification; payment; ending a construction contract; remedies; subcontracts; collateral warranties; and insurance. Inhaltsverzeichnis Foreword by the Rt Hon Lord Hope of Craighead KT xiii Preface xv 1 Construction Contracts in General 1 1.1 Introduction 1 1.2 Definition of a construction contract 1 1.3 Parties involved in a construction project 5 1.4 Types of construction contract 15 1.5 The SBCC forms of building contract 23 1.6 The NEC3 forms of contract 25 1.7 Building Information Modelling (BIM) 27 1.8 Soft Landings 29 2 Procurement 32 2.1 Introduction 32 2.2 The EU public procurement regime and EU economic and legal principles 33 2.3 Beyond the EU 35 2.4 Conditions for application of the procurement rules 36 2.5 Who must comply with the Regulations? 36 2.6 Treatment of a proposed contract as a works contract, supply contract or a services contract 37 2.7 What are the relevant financial thresholds? 40 2.8 Is there an applicable exclusion? 41 2.9 Types of procurement procedure 42 2.10 The open procedure 42 2.11 The restricted procedure 43 2.12 The negotiated procedure with advertisement 46 2.13 The competitive dialogue procedure 49 2.14 Aw...

List of contents

Foreword by the Rt Hon Lord Hope of Craighead KT xiii
 
Preface xv
 
1 Construction Contracts in General 1
 
1.1 Introduction 1
 
1.2 Definition of a construction contract 1
 
1.3 Parties involved in a construction project 5
 
1.4 Types of construction contract 15
 
1.5 The SBCC forms of building contract 23
 
1.6 The NEC3 forms of contract 25
 
1.7 Building Information Modelling (BIM) 27
 
1.8 Soft Landings 29
 
2 Procurement 32
 
2.1 Introduction 32
 
2.2 The EU public procurement regime and EU economic and legal principles 33
 
2.3 Beyond the EU 35
 
2.4 Conditions for application of the procurement rules 36
 
2.5 Who must comply with the Regulations? 36
 
2.6 Treatment of a proposed contract as a works contract, supply contract or a services contract 37
 
2.7 What are the relevant financial thresholds? 40
 
2.8 Is there an applicable exclusion? 41
 
2.9 Types of procurement procedure 42
 
2.10 The open procedure 42
 
2.11 The restricted procedure 43
 
2.12 The negotiated procedure with advertisement 46
 
2.13 The competitive dialogue procedure 49
 
2.14 Awarding the contract 53
 
2.15 The Alcatel mandatory standstill period 54
 
2.16 The use of framework agreements in public procurement 56
 
2.17 Remedies against contracting authorities (bidder grievances and complaints) 57
 
2.18 Awarding low-value contracts fairly 61
 
2.19 Forthcoming changes in the Procurement law landscape 62
 
3 Entering into a Construction Contract 64
 
3.1 Introduction 64
 
3.2 Essentials of written and oral contracts 64
 
3.3 Capacity to contract 71
 
3.4 Implied terms 73
 
3.5 Letters of intent 78
 
3.6 Incorporation of terms by reference to another document 80
 
3.7 Contract interpretation 83
 
3.8 Signing a building contract 84
 
4 Employers' Obligations 87
 
4.1 Introduction 87
 
4.2 Possession of the site 88
 
4.3 Administration 92
 
4.4 Information and instructions 95
 
4.5 Variations 97
 
4.6 Other obligations 102
 
5 Contractors' Obligations 103
 
5.1 Introduction 103
 
5.2 Completing the works 103
 
5.3 The quality of the work 118
 
5.4 Defective work 128
 
5.5 Progress of the works 131
 
5.6 Insurance and indemnity 138
 
5.7 The Joint Fire Code 139
 
5.8 Health and safety 140
 
6 Time 141
 
6.1 Introduction 141
 
6.2 Commencement of the works 141
 
6.3 Time of the essence 142
 
6.4 Progress of the works 142
 
6.5 Adjustment of the Completion Date and extension of time for completion 143
 
6.6 Partial possession, sectional completion and acceleration 152
 
6.7 Completion of the works 153
 
6.8 Damages for late completion 154
 
6.9 Liquidated damages 155
 
6.10 The SBC/DB 158
 
6.11 The NEC3 159
 
7 Certification 168
 
7.1 Introduction 168
 
7.2 Formal requirements of certificates 168
 
7.3 Interim certificates 171
 
7.4 Final certificates 176
 
7.5 Other certificates 180
 
7.6 Roles and duties of certifiers 183
 
8 Payment 188
 
8.1 Contractual payment 188
 
8.2 Adjustment of the contract price 206
 
8.3 Loss and expense 215
 
8.4 Quantum meruit 220
 
8.5 Quantum lucratus 222
 
8.6 Contractual retention 224
 
8.7 Project bank accounts (PBA) 227
 

Product details

• Authors: Macroberts
• Publisher: Wiley, John and Sons Ltd
• Languages: English
• Product format: Hardback
• Released: 21.11.2014
• EAN: 9781118273456
• ISBN: 978-1-118-27345-6
• No. of pages: 576
• Subjects: Natural sciences, medicine, IT, technology > Technology > Structural and environmental engineering; Social sciences, law, business > Law > Mercantile and commercial law; Law, Baurecht, Rechtswissenschaft, Bauingenieur- u. Bauwesen, Civil Engineering & Construction, Construction law, Gewerbe- u. Technikrecht, Trade & Technology Law, Schottland /Recht