Engineering ContractsButterworth-Heinemann, 1997 M01 2 - 320 páginas Engineering Contracts is intended for those who wish to acquire skills in drafting, negotiating and working with commercial and engineering contracts. It aims to bring a different approach to the subject; combining the traditional legal perspective of the law of contract with the needs of the commercial manager or engineer who is seeking solutions to technical and commercial problems.The context within which these matters are examined is as wide as possible; for the purposes of illustration cases are drawn from the fields of mechanical, electrical, chemical, electronic and civil engineering, as well as from construction and building contracts. In many cases the important points are common to all disciplines, for instance the importance of ensuring that what has been specified is what is delivered by a supplier, and that any such delivery or indeed any event critical to the timely conclusion of a project takes place when arranged.There is advice on how to the concepts broached relate to real-life requirements and the reader will benefit from the helpful 'Legal Questions Answered' section that is included in most chapters. In addition there is a summary guide to drafting an engineering contract, a section on the relevant statutes and other legislation in force, and a list of the engineering institutions and their standard forms of contract. Case-studies of genuine and practical origin from the author's wide-ranging experience in industrial practice complete this comprehensive treatment of the subject matter. |
Contenido
1 | |
Chapter 2 Structuring contracts | 19 |
Chapter 3 Price and payment | 39 |
Chapter 4 Terms about risk and delivery | 55 |
Chapter 5 Progress in engineering contracts | 74 |
Chapter 6 Quality and fitness for purpose | 89 |
Chapter 7 Liabilities exclusions and indemnities | 106 |
Chapter 8 Ownership of goods and intellectual property rights | 125 |
Chapter 10 Negotiating legal and financial matters | 152 |
Designing and structuring an engineering contract | 175 |
Statutes and other legislation | 178 |
Cases | 179 |
List of engineering institutions and their engineering contracts | 183 |
Glossary | 185 |
190 | |
191 | |
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Términos y frases comunes
acceptance agreed agreement Alfa Laval amount apply arbitration arise breach of contract buyer caused circumstances claim collateral contract commercial contracts common law conditions of contract costs counter-offer Court of Appeal defects liability delay delivered delivery documents duty employer or purchaser engineering contracts entitled equipment example express force majeure forms of contract free-issue guarantee held implied terms INCOTERMS indemnity injury intellectual property rights intended involved issue Latent Damage letter of intent limits of liability liquidated damages loss main contractor manufacturer materials matter means negligence negotiations nominated sub-contractor normally obligations offer ownership particular performance bond period person Pilkington Glass possible Product Liability programme purchaser's question reasonable Redler relationship responsibility retention money Retention of Title risk rule seller set-off specification stage payments sub-contractor subrogation supplier tender third party tort types Unfair usually variations warranty word