To see the other types of publications on this topic, follow the link: Construction contract law.
Journal articles on the topic 'Construction contract law'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Construction contract law.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Virgo, Graham. "Contract construction and risk allocation." Cambridge Law Journal 58, no. 2 (July 1999): 265–93. http://dx.doi.org/10.1017/s0008197399242018.
Full textAbstract:
WHEN a judge needs to construe a contract, to what extent can he or she have regard to factors which are external to the agreement rather than adopt a literal interpretation? This was the crucial question for the Court of Appeal to answer in Bromarin A.B. and others v. I.M.D. Investments Ltd. [1999] S.T.C. 301.
2
Pour, Nancy Asbaghi, and Mohammadreza Sharafatpeima. "Civil Liability in Construction Contracts and Compensation Practices in Iranian Law with an Emphasis on British Law." Journal of Politics and Law 9, no. 5 (June 29, 2016): 283. http://dx.doi.org/10.5539/jpl.v9n5p283.
Full textAbstract:
The huge volume of construction activity in our country, is done in compliance with the Treaty and the general condition of Treaty. Although there is no legal requirement but even in private sector activities, these conditions are considered because total material of general conditions of Treaty is largely justifying the employer. Civil liability and contracts in construction contracts can help to a large extent. The subject of this study is to find an answer for the question which what is the basic difference between Iranian and British laws on compensation practices in construction contracts? And also what's the difference between compensation basic conditions in construction contracts in Iran and Britain law? In Iranian law, compensation practices in construction contracts is implementation of the same commitment in the first place and the compensation is in case that it is explicitly foreseen in the contract; while compensation is existed in the British legal system compensation practices in construction contracts; While compensation is existed in the British legal system compensation practices of construction contracts and there is not a concept as implementation of the same commitment as one of the compensation practices. Compensation may be stipulated in the contract in the Iran's law or customs or law requires compensation, in British law also, compensation does not require to be stipulated in the contract.
3
Goddard, I. A. "ESSENCE AND LEGAL NATURE OF THE CROSS-BORDER CONSTRUCTION CONTRACT." Proceedings of the Southwest State University 22, no. 3 (June 28, 2018): 153–64. http://dx.doi.org/10.21869/2223-1560-2018-22-3-153-164.
Full textAbstract:
The article gives a thorough analysis of various means of regulation of trans-border private law issues, including trans-border construction activities, based on a contract. The author analyses the sources of law, applicable in the sphere of construction, their types and specific areas of application with regard to practice. Analysing the sources of international and national law, the author comes to the conclusion that it is necessary to take into account their specifics and development tendencies when drafting cross-border construction contracts. The author compares international and national sources of law, types of regulation at conventional and national levels and comes to the conclusion that the conventional and national sources of law are closely interconnected. Private international law; standard form contracts; construction contract; lex mercatoria; construction activity regulation, international convention, conventional regulation, conflict of laws, foreign trade transactions, standard contracts; contract, building contract; lex mercatoria; regulation of construction activities.
4
Clarke, Malcolm. "Construction of Contract Against the Reinsurer." Cambridge Law Journal 48, no. 2 (July 1989): 175–77. http://dx.doi.org/10.1017/s0008197300105185.
Full text
5
Al-Saadoon, Omar. "Federal Iraqi Law Applicable to Construction Contracts." Arab Law Quarterly 24, no. 1 (2010): 105–17. http://dx.doi.org/10.1163/157302510x12607945807359.
Full textAbstract:
The background and ethos of the Iraqi Federal Civil Code and its applicability to agreements relating to construction projects are explored. The article provides a lucid description of the structure of the Code setting out the essential issues that relate to a construction contract. Mr. Al-Saadoon goes on to explore a whole range of legal issues that generally arise in construction agreements, including general contract law as well as an analysis of issues of particular relevance to the construction industry, such as defects, delay, payment and liquidated damages, to name but a few. The article establishes awareness that the provisions of the Code are not wholly dissimilar to the provisions found in commercial, and in particular, construction contracts used internationally. The Code has formed the template for other Civil Codes in Middle Eastern jurisdictions such as the United Arab Emirates.
6
Rahmawati, Diana, Zakiyah Zakiyah, and Muhammad Arsyad. "Legality of Construction Working Contracts as an Formil Agreement." Lambung Mangkurat Law Journal 6, no. 1 (March 30, 2021): 85–102. http://dx.doi.org/10.32801/lamlaj.v6i1.234.
Full textAbstract:
The purpose of this study is to determine the form of construction work contracts and the legal consequences of construction work contracts that are not in accordance with the provisions of statutory regulations in the field of construction services. The legal research method used is normative legal research, which is a study of the prevailing laws and regulations which are particularly related to construction service contracts. This type of research is legal obscurity. A construction work contract is a type of formal agreement in which Law Number 2 of 2017 concerning Construction Services and its implementing regulations determines the procedures and conditions before the contract is made, including the form and content of the construction work contract, by determining the standard at a minimum, the contents of a construction service work contract that must be included in the construction work agreement by the parties. Since the construction work contract is a contract with mandatory conditions, the construction work contract is a formal agreement. This is if the construction work contract is made without paying attention to the provisions of laws and regulations in the field of construction services, both regarding the qualification requirements of a construction service provider, the procedure for selecting a service provider and the form and content of the construction service contract that has been determined by the law. As a juridical consequence, if the formal conditions are not fulfilled in a contract concerned, it is not legally enforceable or in other words it is a null and void contract (nietig, null and void).
7
Al Azzam, Mohammad Olayan. "The Legal Nature of the Property Purchasing Contract under Construction comparative Study." Journal of Law 11, no. 2 (January 1, 2014): 325–50. http://dx.doi.org/10.12785/law/110208.
Full text
8
만연교. "Construction of Evaluation Index System of “Labor Contract Law”." Chinese Law Review 34, no. ll (May 2018): 249–70. http://dx.doi.org/10.22415/clr.2018.34..011.
Full text
9
Varavenko, Victor Evgenyevich, and Valeriya Andreevna Ostroukhova. "Unilateral termination of construction contract: comparative analysis of civil Legislation and international contract forms." Право и политика, no. 2 (February 2021): 70–82. http://dx.doi.org/10.7256/2454-0706.2021.2.35113.
Full textAbstract:
The subject of this research is the similarities and differences between the contract forms developed by the international nongovernmental organizations for application in the sphere of investment construction activity (contracts terms for engineering, procurement, construction/ for turnkey projects, second edition of 2017, developed by the International Federation of Consulting Engineers (FIDIC), framework “turnkey” contract for large projects, first edition of 2007, developed by the International Chamber of Commerce (ICC)) and the norms of national civil legislation (Parts I and II of the Civil Code of the Russian Federation) that regulate unilateral termination of construction contracts. The novelty of this research lies in conducting a comparative analysis of Russian legislation and contract forms developed by the international nongovernmental organizations. The examination of foreign experience in the sphere of legal regulation of termination of contract are based on analysis of the norms of contract law of the national legal systems of foreign countries. However, according to the foreign authors, contract law within the systems of both, general and continental law, was developing in seclusion, without substantial influence of one national system upon another. International influence upon the national contract law emerged relatively recently in the sphere of foreign economic activity. At the same time, the key factor for mutual enrichment of the national systems of contract law became the use of international contract forms, which contributed to the unification of contractual regulation of the relations of obligation in national jurisdictions. Their influence upon the development of contract law was far more substantial than even the development of international conventions with substantive law regulations.
10
Goddard, I. A. "Content and Characteristics of a Cross-Border Construction Contract." Actual Problems of Russian Law, no. 1 (January 1, 2019): 163–72. http://dx.doi.org/10.17803/1994-1471.2019.98.1.163-172.
Full textAbstract:
The paper deals with the problems of legal regulation of relations arising due to a cross-border construction contract. The author substantiates the presence of the characteristics distinguishing a cross-border construction contract from the related private law agreements. Based on the results of the legal doctrine and arbitration practice study the author identifies a number of new features.The most important aspects disclosed by the author in the paper concern the theoretical and practical aspects of determining the content of the characteristics of a cross-border construction contract, distinguishing it from other private law contracts.The author makes a conclusion on the formation of new constitutive features of a cross-border construction contract and the possibility of assigning a cross-border construction contract to a separate, independent type of sui generis contracts.
11
Carmichael, David G., and John P. Karantonis. "Construction contracts with conversion capability: a way forward." Journal of Financial Management of Property and Construction 20, no. 2 (August 3, 2015): 132–46. http://dx.doi.org/10.1108/jfmpc-10-2014-0022.
Full textAbstract:
Purpose – The purpose of this paper is to explore the role and viability of changing contract terms as a project progresses and to offer an original analysis in this respect. Commonly, projects start out with broadly defined information, and this gets refined as the project progresses. This suggests that a prudent approach would be to tailor the contract between the project owner and the project contractor to the project stage, with conversions along the way. Information asymmetry between owner and contractor also suggests the need to tailor a contract to a project ' s situation. Design/methodology/approach – An original method of analysis of the conversion of contract terms within projects is given, along with discussion on the risk transfer between owner and contractor, the common law issues associated with implementing such conversions, any compensation that the owner might need to pay, the timing of the conversion and associated practical implementation issues. The paper, for definiteness, concentrates on construction contracts with conversion between payment types, but the paper’s approach applies to all contracts and all terms within contracts. Findings – The paper provides a readily usable method for analysing the value of having a convertible contract, couched within acceptable common law practice. Practical implications – The paper offers a novel method and framework usable by practitioners for establishing the value of convertibility within a contract. Having convertibility within a contract can be shown to offer benefits to both contracting parties. Originality/value – The idea of having flexible contracts is not new, but, hitherto, a rational method of analysing their value has been missing. This paper gives an original analysis of contracts with conversion capabilities. Current literature does not deal directly with the matter addressed in the paper.
12
Ghahraman, Mohammad, and Masoud Reza Ranjbar Sahrayi. "Nature of Commitment in the General Conditions of FIDIC, Iran Construction Contracts, and Principles of European Law on Service Contracts." Journal of Politics and Law 10, no. 1 (December 29, 2016): 166. http://dx.doi.org/10.5539/jpl.v10n1p166.
Full textAbstract:
Commitment is a consequence of a contract. Identifying the nature of commitment is very important to achieve it. The question here is that what is the nature of commitment in construction contracts? Is the constructor bound to achieve a result and implement the contract subject, or is his/her effort to implement the contract subject enough? Since performance of the contract subject in construction contracts, which include creating, repairing and reconstructing a building, requires time passing and meeting various secondary commitments by both parties, the issue was studied according to the general conditions of FIDIC (International Federation of Consulting Engineers) contracts, Iranian Organization of Management and Planning and Principles of European Law on Service Contracts.
13
Tianyu, Wang. "The Institutional Construction of Collective Contracts under the Labor Contract Law: Dilemma and Solution." Social Sciences in China 37, no. 1 (January 2, 2016): 164–77. http://dx.doi.org/10.1080/02529203.2015.1133510.
Full text
14
Zikun, I. I. "The Construction of Trust in Civil Law: Nonfiduciary Fiduciary Contract." Civil Law Review 17, no. 3 (2017): 52–103. http://dx.doi.org/10.24031/1992-2043-2017-17-3-52-103.
Full text
15
Yang, Zhang. "The Study on Law Disputes in Construction Project Contract Relationship." Physics Procedia 33 (2012): 1999–2004. http://dx.doi.org/10.1016/j.phpro.2012.05.314.
Full text
16
Shojaei, Abdorreza. "Validity of Open Contract in International Trade Law." Journal of Politics and Law 10, no. 2 (February 28, 2017): 241. http://dx.doi.org/10.5539/jpl.v10n2p241.
Full textAbstract:
Open contracts are agreement whereby parties of the contract can insert terms and conditions in the contract, delete them, or revise them. Some contracts for the supply of goods or construction are examples of such contracts. One party (usually a contractor or seller) can have many initiatives by increasing and decreasing the price or by changing elements of the contract. Certainly, there are many reasons, motives, and important goals in creating this type of conventions and its acceptance by the legal community. Discovery of these reasons and the goals leads to fundamental changes and definition of this type of contract could be a major driver of reform in Iranian contract laws, as Iranian community prefers to use example or pre-specified forms of contracts. Therefore, referring to the Principles of European Contract Law and implementation of the legal provisions, legal doctrines, and jurisprudence, presentation of new concepts such as open contract as well as analysis of its nature, validity, and effects leads to establishment of grounds for accepting new contractual frameworks and its localization of contractual rights in Iran because it has been rejected due to traditional perspectives. It may result in legislation to pave the way for solving many legal problems in specialized issues such as oil contracts. In this regard, in addition to genealogy of open contract, this article aims to examine its types and its effects legally in the laws of countries like Iran and European countries.
17
Kiselova, O. I., and R. V. Kokhtenko. "THE FAMILY-LEGAL AGREEMENTS TA THEIR ROLE IN RESOLVING FAMILY DISPUTES." Legal horizons, no. 17 (2019): 49–53. http://dx.doi.org/10.21272/legalhorizons.2019.i17.p:49.
Full textAbstract:
The article defines a definition of the family – law contract, its purpose, and analyzes the peculiarities of contractual regulation of family disputes. In the consideration of the premises of the current family- law of Ukraine, the article deals with the peculiarities of the construction of the family-legal contract, namely. Classification of the family –law contracts, which can be concluded between individuals – subjects of family legal relations based on the provisions of the norms of the Family Code of Ukraine. It is determined that the family-legal agreement is a private-law act, which is concluded with the aim of regulating family relations between family members. Such a private legal action is based on the provisions of equality of the parties, their free expression of will, and property independence. It was found out that the subjects who can enter into family-legal contracts are exclusively individuals who are endowed with a characteristic such as family or marital status. The content of the family law contract may be both property and non-property family rights and obligations. It was investigated that family law treaties play an extremely important role in settling family disputes and are an alternative to solving such disputes in court. The value of family law contracts in settling family disputes is that they regulate property and non-property relationships between individuals – subjects of family relationships, according to their will, taking into account their personal views on family relationships. The ways of solving problems that hinder the conclusion of contracts by the participants of family legal relations with the aim of settling family disputes are offered. Keywords: legal structure, family-law contract, construction of the contract, subjects of the contract, the content of the contract, terms of the contract, the form of contract, the purpose of the contract, types of contracts.
18
Mitkus, Sigitas. "THE RISKS AND LIABILITY OF PARTICIPANTS OF A CONSTRUCTION PROCESS FOR DEFECTS OF BUILDING PRODUCTS." Technological and Economic Development of Economy 10, no. 3 (September 30, 2004): 109–15. http://dx.doi.org/10.3846/13928619.2004.9637666.
Full textAbstract:
Sharing of the risk and liability is one of the most important functions of construction contracts. Proper sharing of the risks and liability between the parties of construction contract has a rather big influence on efficiency, quality, and probability of arising disputes between the parties of construction contract in construction projects. A lot of risk exists during the fulfillment of construction projects. One of those risks is the risk of defects of building products. The question of the liability of the parties of construction contract for inappropriate quality of the construction production caused by a bad quality of building products mainly depends on sharing of the risk of defects of building materials in the construction contract. Some aspects of the mentioned risk and liability of the parties of the construction contract might be set by mutual agreement in the construction contract. The other aspects are regulated by imperative norms of the law and the parties of construction contract have not a right to change those imperative conditions of sharing of risks and liability. The article deals with sharing of risk and liability for supplying building products of an improper quality for construction, taking in to account conditions of construction contract, legal regulation and behavior of parties of a construction contract. A tree of forming the alternatives of liability is presented in the article. Liability for supply of defected building products arises not only for parties of a construction contract. The producer (supplier) of building products is responsible for this as well. Variations of liability of the producer (supplier) depending on construction contract conditions are analyzed. A matrix of liability of the producer (supplier) of building products is presented in the article.
19
Li, Xu Wei, and Ming Ming Dong. "Study on Project Contract Management Practice in Manufacturing Engineering." Advanced Materials Research 323 (August 2011): 239–41. http://dx.doi.org/10.4028/www.scientific.net/amr.323.239.
Full textAbstract:
Economic relations of modern enterprises are the most important factor for the modern enterprise management in Manufacturing Engineering, which is mainly carried out by contract and the effectiveness of contract. As foreign construction enterprises entering China market, with their advantages of powerful funds technology and management, China's construction enterprises will exert enormous pressure and impact. Meanwhile, our construction enterprises couldn’t be in order to enter the international market and international competition, without high level of contract management. For this reason, China's construction enterprises should be attention to contract management, and improve awareness of all employees of the contract. The contract management is into business management, it should be allowed to operate freely according to the law, to accelerate the development of construction enterprises in China.
20
Wen, Zhen, and Qi Lan Zhou. "Some Suggestions for China Construction Project Investment Control Present Situation Based on FIDIC Contract." Applied Mechanics and Materials 209-211 (October 2012): 1294–97. http://dx.doi.org/10.4028/www.scientific.net/amm.209-211.1294.
Full textAbstract:
FIDIC contract terms content is quite widespread, it cover project management, technology, economy, law, insurance and so on. It is a normative document been revolve around construction project consultation and management. FIDIC made very detailed regulations to construction management three fields (investment control, quality control and progress control) from law, management, economy, technology and other fields. FIDIC had been became internationally recognized standardization document. It could be use every stage of construction management. This paper through analyze FIDIC contract and combine current construction management state,finally give some advices for construction management.
21
Raj, Shekar, Jan‐Bertram Hillig, and Will Hughes. "Responsiveness to change by standard‐form contract drafters in the construction industry." International Journal of Law in the Built Environment 1, no. 3 (October 2, 2009): 205–20. http://dx.doi.org/10.1108/17561450911001261.
Full textAbstract:
PurposeThe purpose of this paper is to focus on the Fédération Internationale des Ingénieurs‐Conseils (FIDIC) White Book standard form of building contract. It tracks the changes to this contract over its four editions, and seeks to identify their underlying causes.Design/methodology/approachThe changes made to the White Book are quantified using a specific type of quantitative content analysis. The amended clauses are then examined to understand the nature of the changes made.FindingsThe length of the contract increased by 34 per cent between 1990 and 2006. A large proportion of the overall increase can be attributed to the clauses dealing with “conflict of interest/corruption” and “dispute resolution”. In both instances, the FIDIC drafting committees have responded to international developments to discourage corruption, and to encourage the use of alternative dispute resolution. Between 1998 and 2006, the average length of the sentences increased slightly, raising the question of whether long sentences are easily understood by users of contracts.Research limitations/implicationsQuantification of text appears to be particularly useful for the analysis of documents which are regularly updated because changes can be clearly identified and the length of sentences can be determined, leading to conclusions about the readability of the text. However, caution is needed because changes of great relevance can be made to contract clauses without actually affecting their length.Practical implicationsThe paper will be instructive for contract drafters and informative for users of FIDIC's White Book.Originality/valueQuantifying text has been rarely used regarding standard‐form contracts in the field of construction.
22
Jobidon, Gabriel, Pierre Lemieux, and Robert Beauregard. "Comparison of Quebec’s Project Delivery Methods: Relational Contract Law and Differences in Contractual Language." Laws 8, no. 2 (April 3, 2019): 9. http://dx.doi.org/10.3390/laws8020009.
Full textAbstract:
The province of Quebec, Canada, seeks to implement relational alternate project delivery methods to achieve sustainability and energy efficiency in public construction. However, the relational differences between the formal written parts of different delivery methods have yet to be analyzed and understood, as is the case with the relational aspects of contracts and the achievement of sustainable and energy-efficient infrastructure. Using a hermeneutic interpretation of Macneil’s relational contract norms and grounded theory, 26 contracts involving Quebec’s largest public client of vertical infrastructure and representing three different types of project delivery methods (design–bid–build (DBB), design–Build (DB), and construction manager–general contractor/integrated project delivery (CMGC/IPD)) were analyzed using NVivo. It was found that CMGC/IPD is the most relational project delivery method available to Quebec’s public clients, namely because of the public client’s active involvement in the realization process, the increasing complexity of roles, the multitude of common management structures, and the internalization of sustainability measures and conflict resolution. Furthermore, Quebec’s CMGC/IPD was found to be an IPD-ish delivery method, lacking the early involvement of the construction manager and the risk/reward sharing mechanisms necessary to achieve pure IPD status. The findings and theoretical considerations discussed here will help policymakers, contract drafters, and public clients interested in implementing relational contracting practices in public construction projects.
23
Noor, Azman Mohd, Saidatolakma Mohd Yunus, and Muhamad Nasir Haron. "Build, Operate and Transfer (bot) Contract and Its Models from a Sharī‛ah Perspective." Arab Law Quarterly 28, no. 4 (November 12, 2014): 366–91. http://dx.doi.org/10.1163/15730255-12341287.
Full textAbstract:
The build, operate and transfer (bot) contract is a new means of project and construction financing, which includes public-private partnership. Many countries are considering the bot contract as a mode of financing for construction projects as all citizens need public infrastructure services. This article is an attempt to describe various modes, structures and arrangements of bot and shed light on possible Sharī‛ah issues to demonstrate that bot is a Sharī‛ah-compliant type of financing.
24
Jung, Young Chul. "Restructuring of the Legal Theory on the Long-term Continuous Construction Contract under the National Contract Law." Public Law 48, no. 3 (February 29, 2020): 313–37. http://dx.doi.org/10.38176/publiclaw.2020.02.48.3.313.
Full text
25
Booton, David. "The construction of patent claims." Legal Studies 40, no. 4 (August 17, 2020): 651–74. http://dx.doi.org/10.1017/lst.2020.30.
Full textAbstract:
AbstractThis paper highlights two recurring facets of the way UK courts approach the construction of patent claims: the adoption of methods typically applied to the interpretation of contracts and the recognition that immaterial variations not expressly claimed nevertheless fall within the scope of protection. Drawing on the normative implications arising out of Ronald Coase's paper on the problem of social cost, this paper argues that the patent system operates as a substitute for an explicit bargain between economically active entities operating in the market under which a duty is accepted by one party in return for acceptance of a burden of risk by the other. This perspective incorporates both the static costs and the dynamic benefits of the system and accords with the monopoly-profit-incentive theory most commonly advanced in support of the patent system. It is shown how the contemporary approach to claims construction is supported by the object of giving effect to the presumed intentions of the parties to this hypothetical bargain and that this underpins both the implication of terms which go beyond those expressly agreed to by parties to a contract and the construction of patent claims so as to embrace immaterial variations not expressly within their scope.
26
Varavenko, Victor Evgenyevich. "Prospects of application of typical agreements of International Federation of Consulting Engineers (FIDIC) in Russia in the practice of public procurement." Право и политика, no. 8 (August 2020): 8–17. http://dx.doi.org/10.7256/2454-0706.2020.8.33009.
Full textAbstract:
The subject of this research is the general terms of three standard contracts set by International Federation of Consulting Engineers (FIDIC) in 2017 – conditions of contract for engineering, construction and installation works designed by the contractor; conditions of contract for engineering, construction and installation works designed by the employer; conditions of contract for “turnkey projects” and norms of the Federal Law “On contractual system in the sphere of procurement, works, and services for state and municipal needs; as well as bylaws in the area of public procurement and urban development, which regulate the establishment and change of conditions of construction contracts regarding the types and volume of works, their cost and deadline. The novelty of this research consists in the fact that the conditions of standard FIDIC contracts are analyzed in comparison with the current legislation of the Russian Federation on regulation of public procurement. The conducted comparison revealed discrepancies in the legal regimes of contractual relations emerging thereof. The law establishes rigid requirements to agreeing and setting conditions on the source, cost and completion time of works which impede differentiation of the level of their detailing in contract documentation, and thus the creation of a favorable environment for implementation of investment and construction projects. Excessively rigid rules of public procurement legislation pertaining to the changes of contract terms block the action of risk management procedures enshrined in the FIDIC standard contracts. As a result, the parties are not able to respond adequately and promptly to the impact of external and internal factors that affect project environment. A conclusion is made on impossibility of mutually agreed terms of application of FIDIC standard contracts and Russian legislation on public procurement without making substantial amendments to the content of standard contracts.
27
Collins, Hugh. "Harmonisation of European Contract Law: Citizenship, Diversity and Effectiveness." Cambridge Yearbook of European Legal Studies 7 (2005): 81–99. http://dx.doi.org/10.5235/152888712802730846.
Full textAbstract:
Proposals from the European Commission to work towards greater harmonisation of contract law, and indeed private law more generally, have been described in terms that apparently distance these plans from the introduction of a code civil europa. Nevertheless, the programme for developing ‘non-sector-specific measures’ into a ‘common frame of reference’ constitutes in its fundamentals and aspirations the ambition to create a European law of contract. And the method for the construction of this code replicates the process devising the great European codes of the nineteenth century: a painstaking scholarly endeavour to find consistency and coherence in the divergent national private law systems, except that no legislative process is foreseen.
28
Collins, Hugh. "Harmonisation of European Contract Law: Citizenship, Diversity and Effectiveness." Cambridge Yearbook of European Legal Studies 7 (2005): 81–99. http://dx.doi.org/10.1017/s1528887000004511.
Full textAbstract:
Proposals from the European Commission to work towards greater harmonisation of contract law, and indeed private law more generally, have been described in terms that apparently distance these plans from the introduction of a code civil europa. Nevertheless, the programme for developing ‘non-sector-specific measures’ into a ‘common frame of reference’ constitutes in its fundamentals and aspirations the ambition to create a European law of contract. And the method for the construction of this code replicates the process devising the great European codes of the nineteenth century: a painstaking scholarly endeavour to find consistency and coherence in the divergent national private law systems, except that no legislative process is foreseen.
29
Tampi, Mariske Myeke. "ANALISIS TEORI KEADILAN DALAM KONTRAK KERJA KONSTRUKSI DAN ASPEK PENYELESAIAN SENGKETANYA." Refleksi Hukum: Jurnal Ilmu Hukum 9, no. 1 (April 8, 2015): 65. http://dx.doi.org/10.24246/jrh.2015.v9.i1.p65-76.
Full textAbstract:
<p><strong><span>Abstrak</span></strong><span><br />Kontrak jasa konstruksi disusun oleh penyedia jasa konstruksi dan pengguna jasa konstruksi (sektor swasta atau pemerintah). Seringkali persiapan kontrak kerja konstruksi dilakukan secara tidak seimbang karena kontrak disiapkan oleh salah satu pihak, yaitu penyedia jasa konstruksi. Oleh karena itu, kontrak kerja konstruksi yang dikaitkan dengan teori keadilan oleh John Rawls menjadi issue yang menarik. Dalam artikel ini, penulis akan menelaah keseimbangan yang seharusnya ada dalam kontrak kerja kontruksi yang seharusnya diwujudkan oleh kedua pihak dalam menyusun kontrak kerja kontruksi.Selanjutnya juga akan dianalisis mengenai penyelesaian sengketa dari sudut pandang hukum perdata. Penyelesaian berdasar hukum perdata merupakan sesuatu yang masuk akal mengingat pada dasarnya, issue yang diselesaikan adalah wanprestasi.</span></p><p><span> </span></p><p><strong><em><span>Abstract</span></em></strong><span><br />Construction service contracts are concluded by and between the service provider (providers of construction services) and the service user (private or government). Frequently, the preparation of construction contracts<span class="apple-converted-space"> </span>are </span>unequal because the contract has already been prepared by one party (service user). Therefore, it is an interesting issue to associate unequal construction contracts with the theory of justice promoted by John Rawls. In this article, the author will examine the balance that should exist in the construction contract that should be realized by both parties in the contract. Later on, the resolution of the dispute emerging from construction contract will also be analyzed from the civil law perspective. Dispute settlement based on civil law is basically appropriate considering that at the last resort, the relevant issue is<span class="apple-converted-space"> </span>breach of contract.</p>
30
Crawley, Shaun. "Does an Extension of Time Clause Prevent a Construction Contract Being Infected by Gharar?" Arab Law Quarterly 26, no. 2 (2012): 155–74. http://dx.doi.org/10.1163/157302512x628314.
Full textAbstract:
Abstract This article examines how gharar can infect a construction contract and if and how the extension of time and additional payment clauses can operate to negate the effect of gharar, and whether such provisions are compliant with the relevant articles of Law No. 1, 1987. This is done by identifying how gharar can infect a construction contract, reviewing the applicable laws that apply with respect to a construction contract and then the relevant provisions of FIDIC, Employer’s design forms of Contract.
31
Charlson, Jennifer, Robert Baldwin, and Jamie Harrison. "Early perceptions of allowing adjudication of oral contracts." International Journal of Law in the Built Environment 6, no. 3 (October 7, 2014): 233–49. http://dx.doi.org/10.1108/ijlbe-02-2013-0004.
Full textAbstract:
Purpose – The purpose of this paper is to consider the implications of the admission of oral contracts to statutory adjudication proceedings. A major criticism of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA 1996”) was that Section 107 required contracts to be “in writing” for the parties to be able to use statutory adjudication. In response, the Local Democracy, Economic Development and Construction Act 2009 repealed Section 107 of the HGCRA 1996. This paper considers the implications of the admission of oral contracts to statutory adjudication proceedings, whereby adjudicators’ may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that, by allowing oral contracts to be decided through adjudication, there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation). Adjudicators may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that by allowing oral contracts to be decided through adjudication there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation). Design/methodology/approach – The questionnaire responses of 38 construction industry professionals were analysed by identifying facts and salient themes. The research aims to identify to what extent the changes have widened the scope for entering into adjudication proceedings and whether there is an increased risk of injustice due to the short timescales involved. Findings – There was significant agreement that parties to an oral agreement have an increased risk of injustice through wrong interpretation of the terms and significant disagreement that allowing oral contracts to be referred to adjudication will encourage the use of oral agreements. In addition, construction industry professionals were interviewed in the Midlands, UK, to obtain their opinions, views and perceptions of the admission of oral contracts to statutory adjudication. Originality/value – The research is anticipated to be of particular benefit to parties considering referring an oral contract to adjudication.
32
Hunt, Chris D. L. "GOOD FAITH PERFORMANCE IN CANADIAN CONTRACT LAW." Cambridge Law Journal 74, no. 1 (March 2015): 4–7. http://dx.doi.org/10.1017/s0008197315000112.
Full textAbstract:
IN Mellish v Motteux (1792) 170 E.R. 113, 157, Lord Kenyon observed that “in contracts of all kinds, it is of the highest importance that courts of law should compel the observance of honesty and good faith”. This passage echoes a similar statement by Lord Mansfield 25 years earlier in Carter v Boehm (1766) 97 E.R. 1162, 1910. Despite these early statements of principle, the modern common law has been notoriously hostile to the notion that contracting parties are under a general duty of good faith in the performance of their obligations (see W.P. Yee, “Protecting Parties' Reasonable Expectations: A General Principle of Good Faith” (2001) 1 Oxford U. Commonwealth L.J. 195), and there is certainly “no firm line of modern cases to support such an obligation” in English law (see L.E. Trakman and K. Sharma, “The Binding Force of Agreements to Negotiate in Good Faith” [2014] C.L.J. 598). Nevertheless, some recent decisions in Australia, Canada, and England have begun to imply obligations to perform certain types of promises, in certain classes of contracts, in an honest manner, crafting, in the words of Lord Bingham, “piecemeal solutions in response to piecemeal problems” (Interfoto Picture Library v Stiletto Visual Programmes Ltd. [1989] 1 QB 433, 439 (CA)). A recent English example is Yam Seng Pte Ltd. v International Trade Corporation Ltd. [2013] EWHC 111 (QB) in which Leggatt J. found there to be an implied duty of “honesty” and “fidelity to the bargain” in the context of a long-term distribution contract. Importantly, His Lordship emphasised that whether such obligations can be implied is a matter of construction, which involves ascertaining the parties' objective intentions through conventional techniques such as the principle of business efficacy. As implying such obligations depends entirely on the context of each contract (at paras [137]–[143]) there is, at present, no general principle of good faith performance in English contract law, despite some case-by-case recognition (see Mid-Essex Hospital Services N.H.S. Trust v Compass Group UK and Ireland Ltd. [2013] EWCA Civ 200, at [105], [150]).
33
Jahren, Charles T., Gerald W. Chase, Laura A. McCollough, and Eric L. Carlson. "Performance Measures for Construction Administration." Transportation Research Record: Journal of the Transportation Research Board 1575, no. 1 (January 1997): 121–26. http://dx.doi.org/10.3141/1575-17.
Full textAbstract:
A performance measuring system was developed for the Iowa Department of Transportation Offices of Construction. Measures were developed for eight key processes: inspection of work, resolution of technical issues, documentation of work progress and pay quantities, employee training and development, continuous feedback for improved contract documents, provision of safe traffic control, external/public communication, and provision of preletting information. The results indicate that the Iowa Offices of Construction are very cost-effective, are prompt in closing construction contracts, and have good relations with contractors and law enforcement officers. Improvements could be made by streamlining the procedures, reducing the time to resolve technical issues quickly, and improving traffic control. Researchers recommend refining the performance measuring system and continued performance monitoring.
34
McCunn, Joanna. "The Contra Proferentem Rule: Contract Law’s Great Survivor." Oxford Journal of Legal Studies 39, no. 3 (2019): 483–506. http://dx.doi.org/10.1093/ojls/gqz002.
Full textAbstract:
Abstract The contra proferentem rule has been under sustained attack in recent years, as judges doubt whether it has any role to play in modern commercial contract law. This article sheds light on the function of the rule by examining its historical development. The rule has been part of English contract law for over 600 years, playing very different roles at each stage of its development. Lawyers since the medieval period have criticised the rule, but have succeeded in continually repurposing it to fit with new conceptions of contract law and to address the most pressing concerns of their day. This article shows that the contra proferentem rule can provide a fascinating case study in the development of common law doctrine, and argues that the future need not be wholly bleak for one of our longest-lived canons of construction.
35
Crawley, Shaun. "Are Notice Provisions for a Delay and Additional Payment under FIDIC 1999 and 1987 Compliant with the Civil Transaction Code, Law #5?" Arab Law Quarterly 25, no. 3 (2011): 255–75. http://dx.doi.org/10.1163/157302511x568510.
Full textAbstract:
This article looks at whether the provisions which obligate a party to issue a notice upon certain delaying events occurring under FIDIC 1st edn., 1999 Conditions of Contract, Construction for Building and Engineering Works Designed by the Employer (FIDIC99), and FIDIC 4th edn., 1987 for Works of Civil Engineering Construction, reprinted in 1992 with further amendments (FIDIC4), are compliant with the relevant articles of the Civil Transaction Code, Law #5 of 1985 as amended by Law #1 of 1987. This is done by reviewing the applicable laws that apply and then the relevant provisions of the above FIDIC forms of conditions of contract.
36
Lutman, Karmem. "Zahtev za povraćaj ulaganja zbog prestanka ugovora o kupoprodaji, najmu i građenju." Anali Pravnog fakulteta u Beogradu 69, no. 1 (March 23, 2021): 171–91. http://dx.doi.org/10.51204/anali_pfbu_21106a.
Full textAbstract:
Rules on restitution for improvements made to someone else’s property can be found in various branches of Slovenian private law, such as the law of unjustified enrichment, negotiorum gestio, contract law and property law. Even though to some extent these rules deal with very similar situations, they differ in various aspects. While some of them are more favourable to the creditors in getting as much of their investment back as possible, others are more inclined toward protecting the debtor against forced financing of another’s economic decisions. This paper discusses some open dilemmas concerning restitution of improvements made to someone else’s property in Slovenian contract law. More precisely, it deals with restitutionary consequences of failed sales, lease and construction contracts and approaches this topic from a comparative perspective.
37
Nee, Ting Sim, Samuel Nadarajan, and Andrew Whyte. "Reviews of Cases of Construction Disputes in Malaysia and its Relation with Standard Form of Construction Contract." Advanced Materials Research 831 (December 2013): 191–96. http://dx.doi.org/10.4028/www.scientific.net/amr.831.191.
Full textAbstract:
In Malaysia itself, the construction industry has well governed the economic trend and providing the pathway towards modernization. Construction industry is a huge process that involves many activities in different phases and participation of various professions. The complexity of this industry has made it closely linked to disputes. There are always possibilities of dispute occurrence even when almost all projects are governed by their respective contracts. This study is initiated to find the relationship of standard forms of contract with construction disputes. The focus of this study will be on the construction disputes litigation cases in Malaysia reported to the Current Law Journal (CLJ) between year 1999-2009. The secondary data for this study is obtained from questionnaire survey distributed throughout Malaysia, which looks into construction dispute cases that were not referred to formal law journals. Research findings identified that all projects are governed by standard forms and even though the parameters causing construction dispute are actually monitored by the standard form itself, disputes are not declining or effectively resolved, and hence, making the standard forms as one of the the major causes of construction disputes.
38
Erpay, Mehmet Yavuzhan, and Begum Sertyesilisik. "Preliminary checklist proposal for enhancing BIM-based construction project contracts." Journal of Information Technology in Construction 26 (July 21, 2021): 341–65. http://dx.doi.org/10.36680/j.itcon.2021.019.
Full textAbstract:
In multi-participant BIM-based construction projects (BbCP), the organization of inter-stakeholder relationships has become challenging. The emerging BIM roles and responsibilities that are not clearly defined as a standard, complicate this process further. Legal regulations and contracts prepared according to traditional construction methods are insufficient to identify these new and complex relationships. This uncertainty hinders the spread of BIM-integrated projects, causing stakeholders to have legal concerns about BIM-based projects. Within the scope of this research, the legal concerns related with BIM-based projects and critical points to be considered in the contract preparation phase were determined through literature review, case law research, first and second stage interviews and a questionnaire survey. 25 main and 32 sub-critical points were identified and recommended to be considered in the contract phase were categorized under 9 headings (i.e., administrative decisions, analysis, legal issues, allocation of risks and responsibilities, intellectual property rights (IPR), information management, interoperability, data security and the operation phase). As an outcome, this paper proposes a preliminary checklist template that can be used as an input to the contract phase of BbCP. With the support of checklist, measures can be taken at the contract stage for potential legal problems that may occur in the project life-cycle. The checklist can serve as a starting point for legislators and regulators to ensure the compatibility of traditional construction contracts with new technologies. Finally, addressing legal issues in BbCP can alleviate stakeholders’ concerns and lead to the spread of BbCP in the construction industry.
39
Leisner-Egensperger, Anna. "Der Verwaltungsvertrag: Bestandsaufnahme und Reformbedarf." Die Verwaltung 51, no. 4 (October 1, 2018): 467–94. http://dx.doi.org/10.3790/verw.51.4.467.
Full textAbstract:
Abstract The regime concerning administrative contract law under sec. 54 et seq. of the Administrative Procedure Code (VwVfG) appears to be in need of reform. Amendment of the code remains on the political agenda, though other projects such as Europeanisation, democratisation and digitisation currently seem to enjoy precedence. In recent times, progressive development of administrative contract law has shifted to specific legal areas, in particular to construction and planning law, environmental law, elements of public commercial law, tax law and social legislation. How administrative law may be distinguished as a specific discipline is a question of principle, effectively representing a new chapter in the dispute concerning methods that occurred in the 19th century, a question, moreover, that extends far beyond the law concerning administrative contracts. In order to reform the current legal provisions covering administrative contracts in the Administrative Procedure Code, a three-part analysis is proposed: First of all, the specific interests of both the public authority and the citizen must be taken into consideration. Subsequently, the current legal regulation of administrative contracts must be analysed in terms of both its fundamental ideas, as well as its central provisions. Finally, it is necessary to determine whether the teleology of the public law contract can be applied to this area, or whether specific, factual connections or constellations of interests must be taken into account, entailing that the use of a model based on general standards seems inappropriate. The result of the foregoing is that a critical analysis of the evolution of administrative contract law is proposed.
40
Amaral, Eliseu Soares Parerira. "Case Study of Delay Construction Projects in Bidau Dili Timor-Leste Bridge." IJTI (International Journal of Transportation and Infrastructure) 3, no. 1 (July 14, 2020): 20–28. http://dx.doi.org/10.29138/ijti.v3i1.1052.
Full textAbstract:
The process of implementing development projects has many obstacles that were not predicted beforehand resulting in delays in project completion which have an impact on increasing the cost of project implementation. sometimes the project is not completed in accordance with a predetermined schedule that may be caused by certain factors. Various ways can be done to anticipate and be a solution to the delay. The purpose of the study is to analyze the factors that influence delays in bridge construction projects in Bidau Timor - Leste and how to anticipate delays in project work. The research method used is descriptive method by observation and direct interviews. So that there are several dominant factors that influence the delay of the Bidau Timor-Leste bridge construction project, including the types of weather, material and financial. To anticipate delays in construction projects, it is necessary to do a work contract in accordance with the contract law in which all matters are regulated, so that the anticipation, mitigation and accountability are clear. Identification of the application of overcoming delays in the Bidau Timor-Leste bridge construction project if viewed from the side of the existing contract there are still shortcomings, so it needs to be improved in terms of working contract documents and refer to the contract law.
41
Kurniawan, Fredy, Diah Ayu Restuti Wulandari, and Lilian Arlista Ayu. "STUDI KASUS KETERLAMBATAN PROYEK KONSTRUKSI DI PROVINSI JAWA TIMUR BERDASARKAN KONTRAK KERJA." NAROTAMA JURNAL TEKNIK SIPIL 2, no. 2 (November 8, 2018): 21–31. http://dx.doi.org/10.31090/njts.v2i2.698.
Full textAbstract:
The development of increasing infrastructure development gave birth to the rapid development of service companies engaged in construction. Delay is one of the obstacles to development because the completion time does not match the one specified in the employment contract document.
The delay in the construction project means the increase in the timing of the completion of the planned project and is contained in the contract documents agreed by both parties, namely the first and second parties. This study is to look for factors that affect the delays of construction projects, identify the role of legislation, and identify contracts.
This research method is qualitative that is by observation and interview with resource person from Dinas Pekerjaan Umum Dan Tata Ruang that is PPK and staff. Also speakers from private contractors are supervisors, structural estimators, and some staff.
On the scope of Government projects, the three dominant factors that affect the construction project's delays are weather, labor, and design. On the scope of Private projects, the three dominant factors that affect construction project delays are weather, material, and finance. The laws governing the delay are Law No.2 / 2017 article 54 paragraph (1) and (2), Perpres No.54 / 2010 Jo Perpres No.35 / 2011 Jo Perpres No.70 / 2012 and LKPP No.14 / 2012. The clause on the delay in the government work contract is in the SSUK, namely the critical contract, the term SSKK, and the bank's guarantee. Clauses on Private contracts namely the breach of wanprestasi and sanctions, and bank guarantees.
42
Ridwan, Ridwan. "Rekonstruksi Ijab dan Kabul dalam Transaksi Ekonomi Berbasis Online." Al-Manahij: Jurnal Kajian Hukum Islam 11, no. 2 (December 1, 2017): 175–88. http://dx.doi.org/10.24090/mnh.v11i2.1294.
Full textAbstract:
In Islamic law, the position of incentives in the economic transaction becomes a determinant factor for the validity of a contract. The technical and consent in the formulation of classical jurisprudence is done physically, marked by a meeting between the parties involved in a contract site. The communication technology revolution has spawned an online-based transaction model that is e-commerce, or e-marketing, through internet technology tools where the parties involved do not meet physically and the contract object cannot be handed over directly. This reality illustrates the existence of gap in the Islamic law theory with an empirical practice that requires a legal answer. This article proves that online-based economic transactions are legitimate contracts in the view of Islamic law based on legal analogy argument, i.e.to equate an online contract with an orderpurchase contract. The construction of consent in an online-based contract must be based on certain norms, namely clarity of specification of goods, means of payment and technicality, technical delivery of goods, terms of the contract cancellation and terms of dispute. These detailed and rigorous rules are an illustration of the importance of caution in conducting online transactions to avoid losses by adhering to the sadd al-zari>’ah method in order to close the possibility of emerging harmful.
43
Ridwan, Ridwan. "REKONSTRUKSI IJAB DAN KABUL DALAM TRANSAKSI EKONOMI BERBASIS ONLINE." Al-Manahij 11, no. 2 (December 1, 2017): 175–88. http://dx.doi.org/10.24090/mnh.v11i2.2017.pp175-188.
Full textAbstract:
In Islamic law, the position of incentives in the economic transaction becomes a determinant factor for the validity of a contract. The technical and consent in the formulation of classical jurisprudence is done physically, marked by a meeting between the parties involved in a contract site. The communication technology revolution has spawned an online-based transaction model that is e-commerce, or e-marketing, through internet technology tools where the parties involved do not meet physically and the contract object cannot be handed over directly. This reality illustrates the existence of gap in the Islamic law theory with an empirical practice that requires a legal answer. This article proves that online-based economic transactions are legitimate contracts in the view of Islamic law based on legal analogy argument, i.e.to equate an online contract with an orderpurchase contract. The construction of consent in an online-based contract must be based on certain norms, namely clarity of specification of goods, means of payment and technicality, technical delivery of goods, terms of the contract cancellation and terms of dispute. These detailed and rigorous rules are an illustration of the importance of caution in conducting online transactions to avoid losses by adhering to the sadd al-zari>’ah method in order to close the possibility of emerging harmful.
44
Chehayeb, Amir, Mohamed Al-Hussein, and Peter Flynn. "An integrated methodology for collecting, classifying, and analyzing Canadian construction court cases." Canadian Journal of Civil Engineering 34, no. 2 (February 1, 2007): 177–88. http://dx.doi.org/10.1139/l06-122.
Full textAbstract:
Construction contracts are becoming more complicated, and the increase in complexity of construction processes, documents, and conditions of contracts has contributed to a higher possibility of disputes and conflicting interpretations. The judicial system has been the means for dispute resolution for claims that cannot be solved through other means such as negotiation and arbitration. Knowledge of previous outcomes of judicial processes will both inform participants in a dispute and increase the likelihood of a less-expensive out-of-court dispute-resolution process. This paper presents a methodology to classify, categorize, and analyze Canadian case-law construction claims. In total, 567 Canadian construction court cases have been collected from 10 different sources and are classified into 12 categories that follow the Canadian Construction Documents Committee (CCDC) standard construction contract document CCDC 2-1994. The proposed methodology is implemented in a computer-integrated system called the Canadian construction claim tracker (CCCT), which consists of one central database and three modules, namely a statistical module, a prediction module, and a classification module. The CCCT provides its users with easy and quick access to past case-law claim information.Key words: construction courts, claims, litigation, artificial neural networks, Canadian Construction Documents Committee.
45
Sullivan, Kenneth T., Dean T. Kashiwagi, and Nathan Chong. "The Influence of an Information Environment on Construction Organization's Culture: A Case Study." Advances in Civil Engineering 2009 (2009): 1–10. http://dx.doi.org/10.1155/2009/387608.
Full textAbstract:
Construction professionals have identified public contract law and bureaucratic procurement/contract offices as a source of problems in the construction industry. The culture within the United State's Federal Government Acquisitions is based on the Federal Acquisition Regulations (FARs) and its interpretation, often placing organizations/agencies in the price-based environment and continuously resulting in poor performance. The United States Army Medical Command (MEDCOM) (approximately $100 M in construction renovation awards per year) attempted to overcome this obstacle through a partnership with the Performance-Based Studies Research Group (PBSRG) at Arizona State University. The MEDCOM implemented the information environment portion of the Performance Information Procurement System (PIPS) into Indefinite Delivery Indefinite Quantity (IDIQ) contracts through the specifications. Without controlling the various contract/procurement processes, the developed information environment stimulated an atmosphere of accountability to all parties involved, while reducing the client's internal bureaucratic resistance. The concept has met with preliminary success, minimizing construction management issues by over 50%, raising owner satisfaction by 9%, resulting in 99% of projects ending with no contractor-generated change orders, and assisting MEDCOM leadership in measuring the performance of their infrastructure revitalization program.
46
Pugacheva, Anna, Marseille Hakimullin, Marat Badrutdinov, Svetlana Kashina, and Aleksandr Lunev. "Civil law regulation of investments in the digital infrastructure of the construction industry." E3S Web of Conferences 274 (2021): 06004. http://dx.doi.org/10.1051/e3sconf/202127406004.
Full textAbstract:
Civil law regulation of investments combines regulations from different industry sectors and is characterized by its complexity. An efficient type of investment in the digital infrastructure of the construction industry is a financial lease. The purpose of the study is to characterize the civil law regulation of a financial lease. The methodological basis was the technical and legal method that ensures the effectiveness of the analysis of civil law regulation of a financial lease, the adequacy of the assessment of concepts and legal structures. The following results of the study have been obtained: the content of the international financial leasing transaction and the essence of a financial lease in Russia have been determined; particular aspects of the implementation of the UNIDROIT Convention in Russia have been identified. The content of the international financial leasing transaction reflects a threeway process with the participation of the equipment seller, lessor and lessee, who are linked by a supply contract and a lease contract. In Russian legislation, the term «financial lease» is used. The essence of a financial lease reflects both a lease contract with elements of sale in conjunction with the purchase option and the type of secured financing. Particular aspects of the implementation of the UNIDROIT Convention in Russia are due to different terminology and are associated with cross-border leasing. A draft federal law is undergoing a regulatory impact assessment, which provides for the introduction of a financial lease concept. Civil law regulation of leasing relations will ensure the effectiveness of attracting investments in order to improve the digital infrastructure of the construction industry.
47
Atrill, Simon. "CHOICE OF LAW IN CONTRACT: THE MISSING PIECES OF THE ARTICLE 4 JIGSAW?" International and Comparative Law Quarterly 53, no. 3 (July 2004): 549–77. http://dx.doi.org/10.1093/iclq/53.3.549.
Full textAbstract:
Article 4 of the Rome Convention determines the law governing a contract in the absence of choice by the parties. Despite its practical importance, and several decisions of the Court of Appeal, the correct construction of Article 4 remains unclear. This article considers the existing approaches and the Commission's proposal for reform, ventures to suggest an alternative, and analyses the recent cases in this light.
48
Lim, Tony. "Essence of Time in Construction Contracts." Construction Economics and Building 9, no. 2 (November 23, 2012): 1–6. http://dx.doi.org/10.5130/ajceb.v9i2.3016.
Full textAbstract:
The building industry has in recent years seen huge costs incurreddue to disputes arising on notice requirement clauses. Theseclaims could have been averted if the parties had been diligent inproviding the necessary notices. This article sets out to explorethe law briefl y as interpreted by the courts in common law andequity and discuss the possibility of defence under the principle ofpromissory estoppel. More importantly it also shares the author’sview on how such pitfalls could have been prevented by givingthe proper notices within the timeline required by the contractconditions. It cannot be emphasised enough that contractorswould be wise to comply strictly with the notice provisions in thecontract instead of relying on the estoppel principle or waiver orunconscionability to save their day. Notice clauses essentiallyrequire a competent contracts administrator to follow the time lineprovided in the contract conditions and would be most effective ifthe project team worked closely with the contracts administratorto ensure that proper notices are given when directions orinstructions are received. Although it is common to see noticeclauses which make it a condition precedent for a contractor to beentitled to claim for an extension of time or loss and expense claimbeing interpreted restrictively, in any litigation or arbitration it isalways diffi cult to predict how the courts or tribunal would be willingto uphold such notice clause. It is therefore in the interest of theparties that notice clauses should be properly observed. Suffi ceto say, failure to comply with a notice clause and time bar may befatal to a claim.
49
Popova, Olga V. "Usage of an Agreement Design Wizard in Agrarian Law Study as an Interactive Learning Method." Legal education and science 4 (May 10, 2018): 12–15. http://dx.doi.org/10.18572/1813-1190-2018-4-12-15.
Full textAbstract:
Purpose. The article describes the use of one of the interactive methods of teaching: the constructor of contracts in practical classes on Agrarian Law. Methodology: on the basis of the system analysis of scientific literature and practical experience of the author the conclusion about the need to reduce the contact work with the student to increase the efficiency of independent work of students and interactive technologies. Summary. The contract designer is considered as one of the ways of mastering the competence of application of normative legal acts, implementation of the norms of substantive law in professional activity and skills of preparation of legal documents. Scientific and practical significance. The author’s conclusions can be useful in teaching Agricultural Law in the construction of lessons based on the constructor method of treaties for the study of other types of contracts: supplies, contract, etc. This technology helps to engage students in the educational process, is of interest to the subject, is assessed as practically useful.
50
Shrestha, Santosh Kumar. "Average Bid Method – An Alternative to Low Bid Method in Public Sector Construction Procurement in Nepal." Journal of the Institute of Engineering 10, no. 1 (August 3, 2014): 125–29. http://dx.doi.org/10.3126/jie.v10i1.10888.
Full textAbstract:
Federation of Contractor Associations of Nepal (FCAN) has asked the government to amend the law so that bidders quoting the average price would be awarded the contract. The competitive bidding process for awarding construction contracts in Nepal is based on the low bid method. According to this method, the construction firm submitting the lowest bid receives the right to the construction contract. Promoting competition amongst contractors and maintaining transparency are the clear benefits but delays in meeting the contract duration, increment of the final project cost, tendency to compromise quality, and adversarial relationship among contracting parties are the major drawbacks.As alternative of low bid method, some countries are using Average bid method.In this method, contract is awarded to the contractor whose price is closest to the average of all bids submitted. It is assumed that with a fair price they would conform to quality requirements of the project, would complete on time, and would not have adversarial relationships with the consultant of the employer. Awarding tenders to the lowest bidders is the major reason behind lingering construction projects and failure in meeting its standards in Nepal. To avoid such problems, Average bid Award system may be practiced by public agencies for procurement of works in Nepal.DOI: http://dx.doi.org/10.3126/jie.v10i1.10888Journal of the Institute of Engineering, Vol. 10, No. 1, 2014,pp. 125–129