Chapter 1 Introduction to Construction Industry Chapter 2 The Parties To The Contracts 2.1 Employer 2.2 Contractor 2.3 Contract Administrator Chapter 3 Procurement Methods of Construction Contracts 3.1 General Contracting 3.1.1 Background 3.1.2 Basic Characteristics of Traditional General Contracts 3.2 Design and build 3.2.1 Background 3.2.2 Features of Design and Build Contracts 3.3 Management contracting 3.4 Construction Management 3.5 EPC Chapter 4 Tendering and Contract Formation 4.1 Agreement 4.1.1 Offer 4.1.2 Acceptance 4.2 Contracts made by tender 4.2.1 Purpose of tendering 4.2.2 Tendering procedures 4.2.3 Legal analysis of tenders 4.2.4 Problems in the constitution of bids Chapter 5 Contraet Terms 5.1 Express Terms 5.1.1 Terms and representations 5.1.2 Contract documents 5.1.3 Priority of documents 5.2 Implied Terms 5.2.1 Implication in law 5.2.2 Implication in fact Chapter 6 Contractor's Obligations 6.1 Standard of work 6.1.1 Workmanship 6.1.2 Standard of materials 6.1.3 Suitability of materials 6.1.4 Suitability of the building 6.2 Statutory obligations 6.2 1 Contractor's duties 6.2.2 Divergence between statutory requirements and contract 6.2.3 Emergency work 6.3 Co-ordination and Management 6.3.1 Control of persons on the site 6.3.2 Exclusion of persons from the works 6.3.3 Antiquities 6.3.4 Testing and approvals 6.4 Transfer of materials 6.4.1 General position 6.4.2 Contract provisions 6.4.3 Retention of title Chapter 7 Employer's Obligations 7.1 Implied obligations 7.1.1 Non-hindrance and co-operation 7.1.2 Specific examples of non-hindrance and co-operation 7.2 Express terms of Employer's Obligations 7.2.1 Payment 7.2.2 Necessary Nominations 7.2.3 Site Obligations 7.2.4 Insurance 7.3 Responsibility for the Contract Administrator 7.4 Responsibility for site conditions 7.4.1 Contractor's Risk 7.4.2 Employer's Responsibility Chapter 8 Time 8.1 Commencement 8.1.1 Possession of the site 8.1.2 Date for possession 8.1.3 Deferred Possession 8.2 Progress 8.3 Completion 8.3.1 Meaning of Completion 8.3.2 Date for Completion 8.3.3 Delay in completion" 8.3.4 Sectional completion and partial possession 8.3.5 Effects of completion 8.4 Contractor's Obligations after Completion 8.5 Extensions of Time 8.5.1 Grounds for extensions of time 8.5.2 'Relevant events' as a ground for extensions of time Chapter 9 Payment 9.1 Employer's obligations to pay 9.1.1 Contract price 9.1.2 Time of payment 9.1.3 Effect of certificates 9.2 Contract sum 9.2.1 Definitions in the contracts 9.2.2 Permissible changes 9.3 Variations 9.3.1 The need for variations 9.3.2 Definition of variations 9.3.3 Issuing variations 9.3.4 Valuing variations 9.4 Fluctuations 9.5 Retention money Chapter 10 Role of the Contract Administrator 10.1 Contract administrator as the employer's agent 10.1.1 Extent of powers 10.1.2 Functions and duties 10.2 Contract administrator as independent adjudicator 10.2.1 Certification 10.2.2 Other decision-making functions 10.2.3 Liability for negligent decision-making Chapter 11 Subcontracting and Nomination 11.1 Outline of Subcontracting 11.1.1 What is construction subcontracting 11.1.2 Reasons for subcontracting 11.1.3 Types of subcontractors 11.2 Domestic subcontractor 11.2.1 Selection of domestic subcontractors 11.2.2 Relationship between the main contractor and subcontractors 11.3 Nominated Subcontracting 11.3.1 Why Nominate 11.3.2 Difference between nominated subcontractors and domestic subcontractors 11.4 Payment to subcontractors Chapter 12 Suspension and Termination of Contract 12.1 Suspension of Work 12.1.1 Suspension by Employer 12.1. 2 Suspension by Contractor 12.2 Termination of Work 12.3 Termination by Employer 12.3.1 The Event Incurring Termination for Default 12.3.2 Steps of Termination for Cause Taken by Employer 12.3.3 Termination for Convenience 12.4 Termination by Contractor Chapter 13 Alternative Dispute Resolutions 13.1 Definition of ADR 13.2 Features of ADR 13.3 Forms of ADR 13.3.1 Negotiation 13.3.2 Conciliation 13.3.3 Mediation 13.3.4 Dispute Adjudication Board 13.4 The Mediation/Conciliation Agreement 13.5 The Procedure of DRB/DAB 13.5.1 Selection and Appointment of Dispute Board Members 13.5.2 Dispute Board Rules 13.5.3 The Work of the Dispute Board Chapter 14 Arbitration and Litigation 14.1 Arbitration 14.1.1 Advantages of Arbitration over Litigation 14.1.2 Disadvantages of Arbitration 14.1.3 Arbitration Institutions 14.1.4 Choosing of Arbitrator 14.1.5 Duty of Arbitrators 14.1.6 The Arbitral Proceedings 14. 2 Litigation 14.2.1 Litigation or Arbitration 14.2.2 Process of Litigation Glossary References
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