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A Practical Guide to Construction Adjudication
by James PickavanceIn the United Kingdom, adjudication is available as a right for parties to a construction contract, following the enactment of the Housing Grants Construction and Regeneration Act 1996. In general, within a comparatively short period of time, parties in dispute will have a decision from an adjudicator, which, except in limited circumstances, the courts will enforce. Adjudication has become the number one method of dispute resolution in the construction industry. The short timescale means that a party needs to know what to do, when to do it and be able to check that the other party and the adjudicator are following the right steps. A Practical Guide to Construction Adjudication gives parties the necessary information to achieve this. It provides a straightforward overview of the process and procedure of adjudication by reference to legislation and case law, augmented with practical guidance including suggestions on what to do or not to do, drafting tips and checklists. Separate chapters for Scotland and Northern Ireland identify and explain the differences in procedure and judicial interpretation between those jurisdictions and England and Wales, and further detailed explanations of the adjudication regimes in Australia, Ireland, Malaysia, New Zealand and Singapore are included. Each of the chapters on jurisdictions outside England and Wales has been written by senior experts in those jurisdictions to ensure the content is accurate and insightful. There are a range of helpful appendices including a bank of model form adjudication documents and tabulated detailed comparisons of the Scheme for Construction Contracts, the other major adjudication rules, the major adjudicator nominating bodies and the UK and international regimes. Readers will particularly appreciate the most comprehensive index of adjudication cases available, sorted into 260 subject headings providing immediate access to all the reported cases on any adjudication topic.
A Practical Guide to Disruption and Productivity Loss on Construction and Engineering Projects
by Roger GibsonDisruption of a construction project is of key concern to the contractor as any delay to the project will involve the contractor in financial loss, unless those losses can be recovered from the employer. It is, however, acknowledged that disruption claims in construction are difficult to prove, usually the result of poor or inaccurate project records, but the cost of lost productivity or reduced efficiency to the contractor under these circumstances is very real. Practical Guide to Disruption and Productivity Loss on Construction & Engineering Projects is clearly written to explain the key causes of disruption and productivity loss. Disruption claims rest on proof of causation, so it discusses the project records that are necessary to demonstrate the causes of disruption, lost productivity and reduced efficiency in detail. Quantification of a disruption claim in terms of delay to activities and the associated costs are also fully discussed. With many worked examples throughout the text, this will be an essential book for anyone either preparing or assessing a disruption and loss of productivity claims, including architects, contract administrators, project managers and quantity surveyors as well as contractors, contracts consultants and construction lawyers.
A Practical Guide to Engineering, Procurement and Construction Contracts (Practical Construction Guides)
by Eric EgginkThis book is a step-by-step practical guide on how to achieve successful projects in EPC/turnkey contracting and construction. Mapping out the shape of a project, the book spells out where things often go wrong, where and why disputes arise, and how to avoid conflicts. It is a key reference point for all involved in the contract, making it attractive to legal practitioners, construction industry professionals, and government officials involved with these projects.
A Practical Guide to Ethics: Living and Leading with Integrity
by Scott R. Stroud Rita C. ManningThis essential new text is designed for courses in contemporary moral issues, applied ethics, and leadership. Emphasizing personal choice in the study of ethics, the authors take the reader on a journ
A Practical Guide to Fostering Law
by Lynn DavisA Practical Guide to Fostering Law is an accessible, jargon-free guide to the key elements of the law that concern foster carers and the professionals who work with them. It aims to help foster carers understand where they fit into the complex web of regulations surrounding childcare and to demystify the jargon and terminology which is often used but rarely explained. The book covers the laws in England and Wales governing fostering agencies and foster carers themselves, including foster carers' rights, and the formalities of placement procedures. It also provides explanations of care proceedings, the foster carer as a witness, what happens if a young fostered person gets into trouble, and moving on from foster care. The last section provides a 'who's who' of the main professionals involved and a jargon-busting glossary of the key terms often used. It also includes illustrative case examples and each chapter concludes with suggestions for where to find more information. This guide will be an invaluable resource for current and prospective foster carers and the professionals who work with them, such as support workers, social workers and foster agency staff.
A Practical Guide to International Arbitration in London (Dispute Resolution Guides)
by Hilary HeilbronWith the development of international arbitration globally and London as a leading arbitration centre, the need for knowledge of the subject extends to a wider legal audience. A Practical Guide to International Arbitration in London takes a pragmatic look at how to run an international arbitration with a London seat. It explores on a stage-by-stage basis the tactical, procedural and legal issues that need to be considered in an international arbitration in London from the perspective of the arbitral process, including its relationship with the support given by the English courts. The book also examines the role of the English courts in assisting foreign arbitrations.
A Practical Guide to International Philanthropy
by Jonathon R. MooreThis book is a practical guide addressing the issues faced by philanthropists seeking to engage in international charitable activities and offers alternative approaches to traditional U. S. -based foundations. A significant portion of the regulatory burdens facing U. S. private foundations derives from tax benefits available to donors under U. S. law. A charitable organization must initially qualify and then be maintained under a complex regulatory regime. If some or all of these tax benefits are either unavailable or not needed, or if the tax advantages are outweighed by the burdens of regulatory compliance, foundations can be established in foreign jurisdictions. Charitable activities can then be operated flexibly and privately outside the constraints of the U. S. regulatory regime. For existing private foundations, this book suggests strategies designed to hedge against ever-increasing and intrusive regulation.
A Practical Guide to Lawyering Skills
by Fiona Boyle Deveral Capps Philip Plowden Clare SandfordLawyering skills are increasingly part of undergraduate law degrees as well essential elements in the postgraduate vocational law courses, the LPC and the BVC. This fully updated third edition continues to bring together the theory and practice of these skills in an accessible and practical context. The authors draw on their vast experience of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include: written communication mediation information technology opinion writing drafting advocacy interviewing negotiation legal research. Each chapter uses diagrams, boxes, lists and flow charts to further explain and develop each skill and ends with a further reading section. A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century.
A Practical Guide to Lawyering Skills
by Fiona Boyle Deveral CappsLegal skills are an important and increasing part of undergraduate law degrees as well as postgraduate vocational law courses. This fully updated fourth edition continues to bring together the theory and practice of these skills in an accessible and practical context. The authors draw on their experience of teaching and of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include: • written communication; • mediation; • opinion writing; • drafting; • advocacy; • interviewing; • negotiation; • legal research. The text also considers the professional and ethical context of legal practice, provides an insight into the legal services landscape as well as offering valuable careers advice. Diagrams and flow charts help to explain and develop each skill and each chapter ends with suggestions for further reading. A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century.
A Practical Guide to Private Equity Transactions
by Geoff Yates Mike HinchliffeThis overview of a complex and often misunderstood subject takes the reader through the issues that are faced throughout the life cycle of a private equity investment, from the identification of an opportunity, through the various stages of the transaction and the lifetime of the investment, to the eventual exit by the investor. The analysis of key documentation and legal issues covers company law, employment law, pensions, taxation, debt funding and competition law, taking into account recent legal developments such as the Companies Act 2006, the recent emergence of private equity in the UK and the challenges faced by the industry as a result of the financial crisis.
A Practical Guide to Successful Construction Projects (Practical Construction Guides)
by Arent van WassenaerWritten by experienced and innovative projects lawyer Arent van Wassenaer, this book explains what the critical success factors are for construction projects to be completed on time, within everyone’s budget, to the right quality, with all stakeholders satisfied and without disputes. In so doing, van Wassenaer discusses how such projects could be structured, tendered for, executed and completed, and what legal and non-legal mechanisms are available to achieve success in construction projects. Using examples of real projects, A Practical Guide to Successful Construction Projects provides tools for those in leading and managerial positions within the construction industry to change – where necessary – their usual operational methods into methods which are aimed at achieving project success.
A Practical Guide to Understanding, Managing, and Reviewing Environmental Risk Assessment Reports
by Sally L. Benjamin David A. BelluckA Practical Guide to Understanding, Managing and Reviewing Environmental Risk Assessment Reports provides team leaders and team members with a strategy for developing the elements of risk assessment into a readable and beneficial report. The authors believe that successful management of the risk assessment team is a key factor is quality repor
A Practical Guide to the Insurance Act 2015 (Practical Insurance Guides)
by David Kendall Harry WrightThe Insurance Act 2015 ('the Act') is the first comprehensive statutory reform of the insurance law of the United Kingdom since the Marine Insurance Act 1906. It introduces thorough and, in some cases, fairly drastic reform of some of the core tenets of UK insurance law, including: the insured’s pre-contractual duty to the insurer, and remedies for its breach; the knowledge of the insured and the insurer for the purposes of the pre-contractual duty; the effect of insurance warranties and other terms tending to reduce the risk of loss; fraudulent claims; and damages for failure to pay an insurance claim in a reasonable time. This book is a thorough introduction to the Act. It focuses primarily on the impact of the Act on English law as applied to non-consumer insurance and reinsurance. Of assistance not only to insurance lawyers and members of the judiciary, but also underwriters, claims handlers, brokers and buyers of non-consumer insurance policies, this book covers each of the core changes brought about by the Act. It also analyses the particular ways in which the Act differs from existing law, by reference to the Marine Insurance Act 1906, and cases decided under the old law.
A Practical Guide to the NEC3 Engineering and Construction Contract
by Michael RowlinsonLaunched in 1991, the New Engineering Contract (NEC) has become one of the UK's leading standard forms of contract for major construction and civil engineering projects. Currently in the third edition, popularly known as NEC 3, it is a process based construction contract embodying project management best practice, and thus the basic philosophy behind the contract is different to the more adversarial principles and approach of other standard construction contracts. Written as a practical guide to the application of the procedures contained in NEC 3, this book will aid users in the transition from their use and understanding of the other standard construction contracts to the collaborative project management based approach of the ECC. Written for anyone working in the construction industry working on a project under the ECC, it will be of interest to the complete construction supply chain including employers, construction professions, contractors and sub-contractors. It will also be of interest to consultants and lawyers advising any of these parties, either in the preparation of contract documentation or the resolution of problem situations which may arise. A practical guide to the application of the procedures contained in the NEC Engineering and Construction Contracts Written specifically for people actually using and administering the NEC contracts – rather than lawyers Covers all the variations created by the Main and Secondary Options
A Practical Guide to the NEC4 Engineering and Construction Contract
by Michael RowlinsonProvides construction industry professionals with a practical and detailed guide to the NEC4 contract The NEC contract takes a collaborative, project management based approach to construction projects, which is very different to the other standard forms of construction contract. This new edition of the book covers all changes in the 4th Edition of the Engineering and Construction Contract, issued in June 2017, and will provide practical guidance to help users transitioning from NEC3 to NEC4. Inside A Practical Guide to the NEC4 Engineering and Construction Contract, readers will find chapters on the background of the NECECC; contract data and other documents; the‘spirit of mutual trust’; all of the individuals involved in the process (eg: project managers, clients, supervisors, subcontractors, etc.); communication issues, early warnings and other matters; quality management; titles; dealing with timing; payment processes; cost components; compensation procedures and assessments; dealing with terminations; dispute resolution; completing the contract and more. A practical guide to the application of the procedures contained in the newly issued NEC4 Engineering and Construction Contract Provides detailed guidance on the use of the agreement, which is claimed to offer increased flexibility, improved clarity and greater ease of use Written specifically for people actually using and administering the NEC contracts Features 3 appendixes covering tables of clause numbers, case law and statutes; employer’s, project manager’s, supervisor’s, contractor’s and adjudicator’s actions; and communication forms and their uses. First launched in 1993, the NEC has become one of the UK's leading standard forms of contract for major construction and civil engineering projects, making A Practical Guide to the NEC4 Engineering and Construction Contract a must-have resource for any contractor using the latest version of this contract.
A Pragmatic Approach to Conceptualization of Health and Disease (Philosophy and Medicine #151)
by Maartje Schermer Nicholas BinneyThis open access book is an integrated historical and philosophical investigation of several problematic situations that emerge from diverse areas of medical practice. These include (but are not limited to): Paying less attention to patients who are suffering with symptoms because no identifiable pathological lesion or pathophysiological process can be found. Paying too much attention to patients who are not suffering with symptoms because pathological lesions or pathophysiological processes have been found. The tendency to understand patients at risk of developing pathology as being diseased. The tendency to disregard the importance of wider societal consequences of definitions of disease and health. The book shows that many of these problems are related to what disease and health are considered to be and argues that these problems can be addressed by reconsidering the concepts of health and disease employed in practice. It argues for a pragmatic reconceptualization of health and disease that allows clinicians, researchers, and lay people to understand health and disease in many ways, depending on the specific context in which they find themselves and the problems they are trying to solve. In doing so, authors are careful to show how this pragmatism does not endorse “silly” forms of relativism, in which knowledge is reduced to belief or to whatever people find expedient to believe. This work is relevant for philosophers and historians a well as for doctors, health policy makers and other health professionals because it addresses problems sourced from medical practice, albeit using philosophical and historical methods.
A Pragmatic Approach to Libertarian Free Will (Routledge Studies in Contemporary Philosophy)
by John LemosA Pragmatic Approach to Libertarian Free Will argues that the kind of free will required for moral responsibility and just desert is libertarian free will. It is a source of great controversy whether such a libertarian view is coherent and whether we should believe that we have such free will. This book explains and defends Robert Kane’s conception of libertarian free will while departing from it in certain key respects. It is argued that a suitably modified Kanean model of free will can be shown to be conceptually coherent. In addition, it is argued that while we lack sufficient epistemic grounds supporting belief in the existence of libertarian free will, we may still be justified in believing in it for moral reasons. As such, the book engages critically with the works of a growing number of philosophers who argue that we should jettison belief in the existence of desert-grounding free will and the practices of praise and blame and reward and punishment which it supports.
A Precarious Happiness: Adorno and the Sources of Normativity
by Peter E. GordonA strikingly original account of Theodor Adorno’s work as a critique animated by happiness. "Gordon’s confidently gripping and persistently subtle interpretation brings a new tone to the debate about Adorno’s negativism."—Jürgen Habermas Theodor Adorno is often portrayed as a totalizing negativist, a scowling contrarian who looked upon modern society with despair. Peter E. Gordon thinks we have this wrong: if Adorno is uncompromising in his critique, it is because he sees in modernity an unfulfilled possibility of human flourishing. In a damaged world, Gordon argues, all happiness is likewise damaged but not wholly absent. Through a comprehensive rereading of Adorno’s work, A Precarious Happiness recovers Adorno’s commitment to traces of happiness—fragments of the good amid the bad. Ultimately, Gordon argues that social criticism, while exposing falsehoods, must also cast a vision for an unrealized better world.
A Prescription for Dignity: Rethinking Criminal Justice and Mental Disability Law
by Michael L. PerlinExamining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing. Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries, and newly invigorated thinking and action to place dignity at the core of the criminal justice system.
A Primer for Chiral Perturbation Theory (Lecture Notes in Physics #830)
by Stefan Scherer Matthias R. SchindlerChiral Perturbation Theory, as effective field theory, is a commonly accepted and well established working tool, approximating quantum chromodynamics at energies well below typical hadron masses. This volume, based on a number of lectures and supplemented with additional material, provides a pedagogical introduction for graduate students and newcomers entering the field from related areas of nuclear and particle physics. Starting with the the Lagrangian of the strong interactions and general symmetry principles, the basic concepts of Chiral Perturbation Theory in the mesonic and baryonic sectors are developed. The application of these concepts is then illustrated with a number of examples. A large number of exercises (81, with complete solutions) are included to familiarize the reader with helpful calculational techniques.
A Primer in Christian Ethics: Christ and the Struggle to Live Well
by Luke BrethertonHow does Christian belief and practice relate to living well amid the difficulties of everyday life and the catastrophes and injustices that afflict so many today? In his introduction to Christian ethics, Bretherton provides a new, constructive framework for addressing this question. Connecting the theory and practice of Christian moral thought to contemporary existential concerns, this book integrates classic approaches to the pursuit of wisdom with contemporary liberationist and critical voices. The relationship between human and nonhuman life provides a central focus to the work, foregrounding environmental justice. As well as addressing a broad range of ethical questions, Bretherton situates moral formation and the pursuit of human and nonhuman flourishing alongside a concern for spirituality, pastoral care, and political struggles to survive and thrive in the contemporary context. Written for those seeking a place to start, as well as those seasoned in the field, Bretherton's book provides an innovative ethical framework that moves beyond many of the impasses that shape current moral and political debates.
A Primer on American Labor Law
by William B. Gould IVSince its publication more than a decade ago, A Primer on American Labor Law has served as an easily accessible guide to the development, principles, and characteristics of American labor law. The third edition incorporates a number of significant developments that have taken place since 1986. These include new precedent under the Railway Labor Act (covering both railroads and airlines), the expansion of wrongful discharge litigation (which has become increasingly important as the unorganized sector of the work force continues to expand), new forms of protection against discrimination afforded by the Americans with Disabilities Act of 1990 and the Civil Rights Act of 1991, the consent decree between the U. S. Department of justice and the International Brotherhood of Teamsters, and the continued success of unions representing professional athletes. William B. Gould IV is Charles A. Beardsley Professor of Law at Stanford Law School. An impartial arbitrator of labor disputes since 1965, he is a member of the Clinton Administration's Committee on the Future of Worker-Management Relations. He is the author of Agenda for Reform: The Future of Employment Relationships and the Law.
A Primer on American Labor Law (4th edition)
by William B. GouldThis book is an accessible guide written for non specialists' labor and management representatives, students, general practice lawyers, as well as trade unionists, government officials, and academics from other countries.
A Primer on American Labor Law (The\mit Press Ser.)
by William B. Gould IVThere are many new realities confronting labor in the United States. Technology is redefining traditional employment, and globalization continues moving manufacturing as well as service jobs to lower-cost jurisdictions. This timely sixth edition discusses the recent political developments that impact American labor, as well as new court cases and the social and economic issues that American workers are confronting. For union and employer representatives and labor lawyers, alike this volume not only describes the labor law system briefly and clearly, but also attempts to further an understanding among workers, unions, and businesses in order to promote an improved working environment. Professor William B. Gould, IV brings to this work more than a half-century of experience as a practicing labor lawyer and academic, as well as practical exposure to the relationship between administrative agencies and the public.
A Primer on Clinical Experience in Medicine: Reasoning, Decision Making, and Communication in Health Sciences
by MD, Milos JenicekMastery of quality health care and patient safety begins as soon as we open the hospital doors for the first time and start acquiring practical experience. The acquisition of such experience includes much more than the development of sensorimotor skills and basic knowledge of the sciences. It relies on effective reasoning, decision making, and comm