Academic literature on the topic 'Standard Contract Forms'

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Journal articles on the topic "Standard Contract Forms"

1

Davis, Richard O. "Advantages of Standard Contract Forms." Journal of Management in Engineering 2, no. 2 (1986): 79–90. http://dx.doi.org/10.1061/(asce)9742-597x(1986)2:2(79).

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2

Rameezdeen, Raufdeen, and Anushi Rodrigo. "Modifications to standard forms of contract: the impact on readability." Construction Economics and Building 14, no. 2 (2014): 31–40. http://dx.doi.org/10.5130/ajceb.v14i2.3778.

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Lack of clarity in contract documents can lead to disputes between contracting parties. Standard form contracts have evolved due to construction business becoming increasingly complex and the difficulty in drafting bespoke conditions of contract for each project. Numerous advantages have been identified in using standard forms of contract. However, clients often modify some clauses in order to include specific requirements for a project. While the consequences of ill-modifications to standard forms have been researched, no study has been done on the impact of these modifications on the clarity and readability of the document. Using 281 modified clauses from large infrastructure projects implemented in Sri Lanka, this study found that on balance modifications generally make the document more difficult to read; 60% of the sample clauses were more difficult to read compared to 40% becoming easier. More than 50% of the original and modified clauses were still at the ‘very difficult’ level of readability, which requires the equivalent of post-graduate level to understand. The study contends that modifications have not resulted in improved readability. The study highlights the necessity of clear and plain language when modifying contract documents.
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3

Zhe Huei, Ling, and Ting Sim Nee. "Time Provisions in Standard Forms of Local and International Construction Contract." Journal of Civil Engineering, Science and Technology 1, no. 2 (2010): 1–7. http://dx.doi.org/10.33736/jcest.78.2010.

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In any construction contract, the use terms and conditions in construction contract clauses has a great impact on the project performance, which in turn affects the achievement of the project completion date. Clauses within a contract should fit together to form a reasonably allocated risk among project parties and relevant to the complexity of projects. The General Condition clauses, which were looked at in this study, consist of the ones that relate to the time performance of the contract as well as that deal with action required at specific points in time within a contract. As we know, a clear and more complete General Condition documentation should end up with win-win situations for parties involved. If there are much unclear and even unknown information within the General Condition, the parties contracting will encounter uncertainties with relations to time that during the project execution. For the parties contracting, it is always to their advantage if more complete and comprehensive documentation used as it means fewer disputes, less conflicts, and time and energy saving during construction instead of claiming and debating over the provisions. The paper is to present an analysis on the time related clauses and provisions in the current local (used in Malaysia) and international construction contracts.
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4

Yasmin, Munnie. "Legal Liability in Standard Form of Contract." International Research Journal of Engineering, IT & Scientific Research 2, no. 9 (2016): 39. http://dx.doi.org/10.21744/irjeis.v2i9.233.

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The validity of standard form of contract is not necessary to be disputed. Standard form of contract has become a business necessity in relation to efficiency and effectiveness. The aspect of problems arising in the standard form of contract is the aspect of imbalance position of the parties. Standard form of contract is potential to be abused by parties having stronger bargaining power. One of the forms of the imbalence is the inclusion of exemption clauses which aims to limit or release the liability of one of the parties. Currently, the rules governing the exemption clause exists only in the Law No. 8 of 1999 on Consumer Protection (LCP). Article 18 of LCP governing the standard form of clause is limited to the extent of prohibited form and content, and only aimed at final consumer contracts. In reality, the standard form of clause is also found in commercial contracts which are not only on final consumers but also midst consumers. Based on this matter, it is necessary to elaborate the liabilities of the parties and state in drawing up standard form of contacts.
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Rameezdeen, Raufdeen, and Anushi Rodrigo. "Textual complexity of standard conditions used in the construction industry." Construction Economics and Building 13, no. 1 (2013): 1–12. http://dx.doi.org/10.5130/ajceb.v13i1.3046.

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Clearly written communication aids the understanding of construction contracts, resulting in less disputation. Past research, using opinion surveys rather than objective criteria, shows that construction contracts lack clarity and standard forms have become complex over time. The study outlined in this paper uses three objective measures of clarity developed by linguists to establish the readability of construction contracts. In addition, thirty industry professionals participated in a Cloze Test which measured the level of comprehension of clauses concerning disputes. The study verifies that contract conditions are very difficult to read, with college level reading skills needed to comprehend half of the clauses. However, the hypothesis that standard forms have become complex over time was not supported by the study. The study establishes a linear relationship between readability and comprehension, proving the hypothesis that improved readability increases the comprehension of a contract clause.
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6

Bae, dukhyun, and Choonghoon LEE. "Study on Standard Forms Contract of People"s Republic of China." Inha Law Review : The Institute of Legal Studies Inha University 21, no. 2 (2018): 155–86. http://dx.doi.org/10.22789/ihlr.2018.06.21.2.155.

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7

El-adaway, Islam, Salwa Fawzy, Thomas Allard, and Austin Runnels. "Change Order Provisions under National and International Standard Forms of Contract." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 8, no. 3 (2016): 03716001. http://dx.doi.org/10.1061/(asce)la.1943-4170.0000187.

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8

Hertanto, Ari Wahyudi. "ASPEK-ASPEK HUKUM PERJANJIAN DISTRIBUTOR DAN KEAGENAN (SUATU ANALISIS KEPERDATAAN)." Jurnal Hukum & Pembangunan 37, no. 3 (2007): 381. http://dx.doi.org/10.21143/jhp.vol37.no3.150.

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AbstrakDistributor is formed on individual, partnership, company. association oranother legal which have, Handing position between producer and retailers.They have roles on purchasing, delivering or contracts of sale towardconsumption goods. Under Indonesian Civil Code system that contract iscategorized as innominat contract by that kind that has not been regulatedunder the system. But also under principal of Civil Code it might to be signedunder restrictions has not by act. sealed by not violence public order andethics. By respect through those principles then any signed contract becomeeffective as act for signed parties. The author here also indicates on practicetrends of applying standard contract thaI printed forms collectively. Inpractice it still giving any freedom beside that standard contract and for thedistributor's respect and bound himself to the whole of contract's structure
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9

Besaiso, Haytham, Peter Fenn, Margaret Emsley, and David Wright. "A comparison of the suitability of FIDIC and NEC conditions of contract in Palestine." Engineering, Construction and Architectural Management 25, no. 2 (2018): 241–56. http://dx.doi.org/10.1108/ecam-10-2016-0235.

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Purpose The standard forms of construction contract are receiving greater attention in the management of projects scholarship as they probably influence the project success and project disputes. The extant literature suggests that the standard forms of construction contract are one of the top sources of disputes. The purpose of this paper is to examine the effectiveness of the standard forms of construction contract, FIDIC and NEC, in reducing disputes in the Palestinian construction industry. Design/methodology/approach The researchers have used qualitative methods to collect data and more specifically have undertaken 12 semi-structured interviews. Findings The study reveals that the standard forms of construction contract can be a tool to minimise disputes, but certainly not to eradicate them, and NEC appears to be more capable than FIDIC to do so. Originality/value This study contributes to knowledge by bringing an industrial perspective into the role of standard forms of contract in disputes creation and avoidance. The interviewees, recurrent users of FIDIC contract, criticised certain features and expressions and proposed some solutions.
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10

Netto, Anne Magdaline, Sui Pheng Low, and Ai Ling Lo. "Legal implications of ISO 9000 QMS in standard forms of building contract." Training for Quality 5, no. 4 (1997): 169–77. http://dx.doi.org/10.1108/09684879710188176.

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