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Contracts for Construction and Engineering Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The work explores various aspects of the intersection of contracts and construction projects involving the work of engineers and other professionals engaged in construction, whether as project managers, designers, constructors, contract administrators, schedulers, claims consultants, forensic engineers or expert witnesses.
Compiling papers written and edited by the author, refined and expanded with additional chapters in this new edition, this book draws together a lifetime of lessons learned in these fields and covers the topics a practising professional might encounter in construction and engineering projects, developed in bite-sized chunks.
The chapters are divided into five key parts:
1. The engineer and the contract
2. The project and the contract
3. Avoidance and resolution of disputes
4. Forensic engineers and expert witnesses, and
5. 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 this book essential reading for professionals practising in any area of design, construction, contract administration, preparation of claims or expert evidence, as well as construction lawyers who interact with construction professionals.
List of contents
1 Overview Part 1 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 2 The project and the contract 11 Standard Form Contracts 12 The impact of COVID-19 on construction contracts 13 Challenges in Achieving Successful Megaprojects 14 Sydney Opera House - Quality, Quality, Quality! 15 Managing Time, Cost and Quality - a Tale of Two Buildings 16 A Tale of Two Bridges: Issues Arising from Design and Construct Contracts 17 State of Tasmania v Leighton Contractors Pty Ltd 18 The Canterbury Earthquakes I 19 The Canterbury Earthquakes II 20 Construction Failures: Have We Learned the Lessons of History? 21 Lessons from failures - Quebec Bridge 22 Lessons from failures - West Gate Bridge 23 Is conventional insurance for construction projects fit for purpose? Part 3 Avoidance and resolution of disputes 24 The avoidance of disputes by Contractors in design and construct contracts 25 Cost-effective Resolution of Construction Disputes 26 Dispute Boards and Construction Contracts 27 The commercial value of Dispute Boards under FIDIC contracts 28 FIDIC Conditions of Contract New Edition 2017 and Dispute Boards 29 Construction disputes after COVID-19 - jaw-jaw or war-war? 30 The "best" method of resolution of construction disputes - elusive or illusory? Part 4 Forensic engineers and expert witnesses 31 The Engagement of Forensic Engineers 32 Guidelines for Experts 33 Getting the Most Out of Expert Witnesses 34 The Rules for Expert Evidence Part 5 International construction contracts 35 Lex constructionis - or My Country's Rules? 36 The Use of the UNIDROIT Principles in International Construction Contracts 37 Final Comments .Glossary
About the author
Donald Charrett practices in construction law as an arbitrator, mediator, dispute board member and expert. Prior to becoming a lawyer, he worked as a consulting engineer for over 30 years. He has published widely on legal and engineering subjects, including as the author/joint author/editor of six books on construction law.
Summary
This book provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The chapters explore various aspects of the intersection of contracts and construction projects involving the work of engineers and other professionals engaged in construction.
Report
"This text provides helpful context for the roles that all professionals play on a project, and its strength is that it engages with a global audience in its use of case studies and other examples."
- Jaclyn Masters, Principal Lawyer Level Crossing Removal Project, Victoria
"The book achieves the aim of assisting engineers to understand better the role of contracts in their work and their necessary interaction with lawyers and by developing a greater awareness among lawyers of engineers' roles in the successful execution of construction projects."
- John Sharkey AM, Commercial Arbitrator
"This book is that rare thing in an engineer's or construction lawyer's bookshelf. While it is undoubtedly a useful legal reference in any dispute, the perspective and material it contains are also both interesting and enjoyable to read."
- Toby Shnookal QC, Arbitrator, Expert Determiner, Mediator, Facilitator, Adjudicator, Expert Determination Chambers
"This is a book that is not only informative but is also well sourced, comprehensive and consistently easy to read. The case studies are particularly interesting and provide a useful insight into the rights and wrongs on engineering and construction contracts."
- Steven Goldstein, Barrister, Arbitrator, Expert Determiner, Mediator, Dispute Board Member
