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LAW AND CONTRACTS

NEW TITLES The Practical Guide to Waste Management Law Payment Under Construction Contracts Legislation ICE Conditions of Contract for Archaeological Investigation Health and Safety Law for the Construction Industry: 2nd edition 42 44 49 51

42

CONSTRUCTION LAW HANDBOOK / LAW AND CONTRACTS

Construction Law Handbook

Edited by Jenny Baster, Ove Arup Partnership, Ann Minogue, Linklaters, Michael O'Reilly, Paradise Chambers, Sheffield, and Vivian Ramsey QC, Keating Chambers

The Practical Guide to Waste Management Law

R G P Hawkins MA Barrister FCIWM FRGS FRSA, International Environmental Lawyer and H S Shaw BEng PhD, Gifford & Partners and School of Civil Engineering & the Environment, University of Southampton

"Construction Law Handbook is an intensely practical work which potentially replaces a whole library of reference books. For the construction professional this will be an ideal source of up-to-date and relevant material."

John Uff QC

"A master class in the subject"

Stephen Tromans, Barrister

NEW

July 2004 Hardbound 275pp 234 x 156 mm 0 7277 3275 7 £35.00 First Issued: 2000 Loose-leaf 852pp 240 x 189 mm 0 7277 2883 0 £195.00 (£145 per annum thereafter) New environmental legislation continues to flow in from both Europe and Westminster. The new Planning and Compulsory Purchase Act 2004 with its implications for regional environmental decisionmaking, the new Permitting Regime, the Waste Emissions Trading Act 2003, the implications of the Water Act 2003, the Household Recycling Act 2003, the introduction of controls for Agricultural Waste in 2004-5, and the ELV, the WEEE and the RoHS Regulations all have to be understood and new training undertaken. The commercial and environmental effects of these new laws and practices are explained with reference to relevant websites, to aid the reader to find further details and hopefully solutions to environmental difficulties which will be the responsibility of the Environment Agency, SEPA, Local Authorities, the Health and Safety Executive, the Vehicle Operator Services Agency, Customs and Excise and other named agencies. This book is intended primarily for engineers, surveyors, building contractors, accountants, geologists, environmental scientists, insurers and controllers of financial liability, transportation managers, local and central government regulators and enforcers ­ and of course, all who produce, manage, transport, reuse, reclaim and recycle waste. CONTENTS The historical background Defining waste The administration and management of waste Waste minimisation, recycling, bioprocessing and recovery energy recovery, incineration and landfill The planning system and structural reform Integrated pollution prevention and control and the permitting regime Environmental, criminal, and civil law Simplified and the control of fly-tipping Health and safety, the duty of care regulations and basic contractual considerations The consignment and movement of waste Waste mismanagement and water quality

This essential handbook has been specifically written to provide the definitive legal reference source for practising construction professionals. Experts from the largest law firms specialising in construction law have joined forces with the leading names from within the industry to produce an authoritative volume that addresses the most important issues you will face in your work. The result is an indispensable text that delivers practical guidance and a breadth of knowledge unrivalled by other publications. The only fully comprehensive legal reference source specifically for your industry Provides you with incisive practical advice on the legal issues that are important to your industry whilst avoiding the usual jargon that usually goes with it Saves you time and money by offering easily accessible solutions thus reducing your need to call on the legal professionals Regular updates, together with a bi-monthly newsletter service, will ensure that you always have easy access to the very latest case developments and issues within construction law practice You will have the peace of mind of knowing that you are getting the very best and most up-to-date advice from experts in both the construction industry and the legal profession.

Subscribers to the Construction Law Handbook will receive: The main work comprising 852 pages Six newsletters per year, to keep you abreast of the very latest developments A major update each year, which will keep the main work in line with the current legislation. Comments from current subscribers "Until recently I also subscribed to another construction law publication. I had to make a choice and Construction Law Handbook is good value, with a similar standard of information and service." "The content is of a much higher standard than I had expected for a publication covering such a vast subject, for construction professionals it is invaluable." "It is a very useful general publication that covers everything in a good level of detail." "Service to date excellent!" "Keep up the good work!" "I only have three texts on my desk which I refer to regularly, and this is one of them." For a full list of contents of this book together with some sample material, and all newsletters published to date, please visit: www.ttbooks.co.uk/construction-law-handbook

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43

Quantifying and Managing Disruption Claims

Hamish Lal, Freshfields Bruckhaus Deringer, Construction and Engineering Group

Scottish Engineering Contracts

Gareth Parry and Scott Johnston, McGrigor Donald

Appendix 3: Useful addresses and websites Appendix 4: Procurement routes Appendix 5: Health and safety Appendix 6: Requirements of document execution under Scots Law Appendix 7: Court procedure terminology Index

2003 Hardbound 320pp 230 x 156 mm 0 7277 3165 3 £50.00

2003 Paperbound 352pp 230 x 156 mm 0 7277 2999 3 £45.00

A Users' Guide to Adjudication Under the Scheme for Construction Contracts (including payment provisions)

2nd Edition

Guy Cottam, Consulting Engineer and past Chairman of the Arbitration Advisory Panel and the Conciliation and Adjudication Advisory Panel at the ICE

Claims involving disruption are commonly accepted to be the most difficult to quantify. Disruptions that occur during a working day can lead to productivity loss, which in turn, can lead to time and cost overruns. If the disruption consumes the entire float in an activity, then disruption can cause a delay to project completion and lead to claims for extensions of time. Contractors of all tiers, concerned that they have lost money, troubled by the threat of liquidated damages or simply because the conditions of contract allow, submit claims for loss/expense and (in the worst-case scenarios) extensions of time. The accurate quantification of the time and cost effects of such disruption is typically prevented because the role of labour/resource productivity is not fully recognised, site labour productivity is not correctly measured (if at all) and, finally, because the relationship between the bill of quantities items (cost) and programme activities (time) is not direct or transparent. The solution proposed in this book is to integrate cost and time to develop a site labour productivity measurement system whereby claims involving disruption can be objectively and automatically quantified. It is a practical text that challenges the current construction industry cost and time estimating methods, demystifies the measurement of site labour/resource productivity and ­ in line with the Society of Construction Law Delay and Disruption Protocol launched in October 2002 ­ puts forward a rational and sufficiently accurate method of quantifying the effects of disruption in terms of both cost and time. Through the use of the solution on four very different demonstration construction projects, this book provides worked examples and tangible evidence of how the solution is designed to operate in practice. Disruption claims often impact on the whole of the construction industry and so this book has been specifically written for anyone who is involved in submitting, evaluating, awarding, managing and resolving disruption claims. For a full list of contents of this book together with some sample material please visit: www.ttbooks.co.uk/quantifying-and-managingdisruption-claims

This book provides ­ in one concise, practical volume ­ a basic guide to the principles of Scots law as they relate to engineering contracts and focuses on those clauses most frequently encountered in everyday industry life. Avoiding legalese and jargon, the book also reviews key features of commonly used standard forms of engineering contracts, such as the ICE Conditions of Contract 7th Edition and the CECA Form of SubContract. An important feature of this book is its detailed chapter on environmental law, one of the fastest growing and increasingly legislated areas of law in the United Kingdom. A rudimentary knowledge of environmental law is particularly important in the engineering sector where the interface between the environment and engineering works is often acute. Scottish Engineering Contracts will provide professional engineers, surveyors and commercial management staff in construction and engineering companies or client organisations with a readable, accurate and practical guide to the law. It will also prove to be an invaluable aid for anyone who is involved in the preparation of, or has to provide comment or guidance on, engineering contract documentation. CONTENTS Introduction to engineering contracts Forming the engineering contract The role of the engineer General obligations Payment and variations Commencement, completion and delays Certificates Ending the engineering contract Claims Dispute resolution Insurance, indemnities, guarantees and bonds Subcontracts Professional services contracts Environmental issues Appendix 1: The Housing Grants, Construction and Regeneration Act 1996 Appendix 2: The Scheme for Construction Contracts (Scotland) Regulations 1998

2002 Paperbound 268pp 210 x 146 mm 0 7277 3147 5 £40.00 This book is a simple, practical guide to the effects of the Housing Grants, Construction and Regeneration Act 1996, and the Scheme for Construction Contracts, a regulation produced under the Act. It does not go through the Scheme clause by clause, but clearly and concisely explains the actions required by the Scheme stage by stage. It is not a legal treatise, instead it is a simple, straightforward guide specifically written to help those people who have a dispute that is referred to adjudication, or who have difficulties understanding the payment terms. In one, handy, concise volume, this book delivers practical advice and guidance on how to present your information to the adjudicator, what to expect from the other parties involved and how to enforce a decision if the other party does not implement it. Since the first edition of this popular book was launched in 1998, adjudication has become an outstanding success and there have been over 200 court judgements, mostly on enforcement proceedings and four decisions of the Court of Appeal. The effects of these judgements have been reflected in this new edition. Experience has also shown that probably the most important feature of the Housing Grants, Construction and Regeneration Act 1996 has been the payment provisions. The section on the payment provisions has therefore been expanded to take account of better understanding of their effects.

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44

LAW AND CONTRACTS AND NEC

Practical Adjudication for Construction Professionals

Leslie Edwards, Consultant and Richard N M Anderson, Barrister 2002 Hardbound 304pp 230 x 156 mm 0 7277 3109 2 £50.00 This book has been written to give a clear explanation of the process of construction-related adjudication and provide detailed practical guidance for anyone who may become involved in it ­ whether as adjudicators, participating parties or insurers. The authors describe, and where appropriate critically review, the adjudication requirements of Part II of the Housing Grants, Construction and Regeneration Act 1996, the procedures specified in the Scheme for Construction Contracts, the ICE, JCT and GC/Works adjudication procedures and the CIC stand-alone adjudication procedure, with reference to any interpretation that has arisen on these items. The books incorporates valuable guidance from recently decided legal cases (including Carter v Nuttall and Balfour v Lambeth), identifies significant differences between statutory Scheme adjudications and contractual adjudications, and highlights the increasing divergence between the decisions of the English and Scottish courts. This book will prove to be an indispensable and comprehensive reference source of information and guidance on adjudication for all construction professionals. CONTENTS Part I: Legislation and formal adjudication procedures The Construction Act ICE Adjudication Procedure JCT Adjudication Procedure GC/Works Adjudication Procedure CIC Model Adjudication Procedure The Scheme Draft Proposed Possible Scheme Amendments Part II: The conduct of an Adjudication Adjudicator appointments Jurisdiction Procedural fairness Conduct of the adjudication The Decision Part III: Supplementary matters Miscellaneous issues (including delay mechanisms, interim adjudication decisions and limitation periods) Appeals and enforcement Insurance implications Conclusions Appendices (including an example of an Agreement, and an example of an Adjudicator's first letter and first instructions).

Payment Under Construction Contracts Legislation

Roderick Pettigrew, Heating and Ventilating Contractors' Association

NEW

The NEC Compared and Contrasted

Edited by Frances Forward, Forward Consult Ltd

2002 September 2004 Hardbound 256pp 234 x 156 mm 0 7277 3000 2 £45.00 This is an authoritative and up-to-date review of current construction industry payment practices under Part II of the Housing Grants, Construction and Regeneration Act 1996. It provides clear and practical guidance on some of the key features of the Act, notably the payment procedures and corresponding structures. With hands-on, in depth experience in this crucial field, the author is well qualified to advise on the law and practice in this area. This book will be invaluable to construction professionals who need a practical understanding of the operation of the Act. CONTENTS The economic and statutory background The legal and contractual background How the Act works in practice Section 109 and the entitlement to stage and other payments Section 110 ­ the adequate payment mechanism and the five-day notice Section 111 and the withholding notice Section 113 and the prohibition of conditional payment provisions Section 112 and the right of suspension Applying the payment provisions of the Scheme for construction contracts The link to other statutory remedies and procedures Late payment ­ is it a continuing problem and what is next? Appendices Bibliography This practical book compares the NEC family of contracts with other construction industry standard forms. It will assist all levels of professionals involved in procurement in the construction industry to make informed choices and give balanced advice when deciding which contract to use for a particular project. It examines professional services contracts and construction contracts, as well as contractual arrangements for partnering. Building and engineering sectors of the construction industry are covered, as well as the possibility of procuring projects outside the UK. It demonstrates that modern construction contracts can facilitate project management, as well as define legal relationships and that efficient procurement of complex projects demands a proactive, approach. CONTENTS NEC compared and contrasted with JCT 98 NEC compared and contrasted with ICE NEC compared and contrasted with FIDIC NEC compared and contrasted with GC/Works NEC compared and contrasted with IChemE NEC compared and contrasted with MF/1 PSC compared and contrasted with RIBA SFA/99 PSC compared and contrasted with ACE PSC compared and contrasted with RICS NEC/PSC compared and contrasted with PPC2000 Paperbound 128pp 230 x 156 mm 0 7277 3115 7 £20.00

nec one stop shop

Thomas Telford provides a complete and extensive range of NEC products and services to support and aid the use of the NEC for the UK and international construction industry.

Books and contracts Training Users' Group Newsletters Conferences Seminars and Roadshows Software Consultancy

To find out more about any of the above services or products please contact: NEC Manager, NEC, 1 Heron Quay, London, E14 4JD Tel: +44 (0) 20 7665 2446 Fax: +44 (0) 20 7538 2847 Email: [email protected] or visit www.neccontract.com

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NEC CONTRACTS AND ASSOCIATED PUBLICATIONS

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45

NEC Contract

The philosophy and objective of the NEC is to create an open, cooperative, no blame, nonadversarial, team approach to managing contracts. Launched just over a decade ago and recognised by Sir Michael Latham as the style of contract that most closely matched his vision for future construction, the NEC was clearly ahead of its time ­ it is now a contract of its time, the innovative way forward for 21st century construction.

Underground, NHS Estates, The Welsh Assembly, London Electricity and many other utilities companies and local authorities. The NEC has given them far greater control of time, cost and quality issues and better working relationships with their consultants and contractors. The NEC family of contract documents comprises: The Engineering and Construction Contract (ECC) 0 7277 2094 5 £20.00

Guidance Notes for the ECC 0 7277 2079 1 Flow Charts for the ECC 0 7277 2080 5 £12.50 £12.50

The Engineering and Construction Short Contract (ECSC) 0 7277 2670 6 £17.50

Guidance Notes and Flow Charts for the ECSC ECC Option A: Priced Contract with Activity Schedule 0 7277 2072 4 £17.50 0 7277 2694 3 £15.00

nec

The Engineering and Construction Short Subcontract 0 7277 3027 4 £12.50

ECC Option B: Priced Contract with Bill of Quantities 0 7277 2073 2 £17.50

The Professional Services Contract (PSC) 0 7277 2634 X £20.00

Users' experience of the NEC ­ on thousands of contracts, large or small ­ has identified the following key strategic reasons for its use: NEC provides a single modern commercial platform for the whole engineering and construction industry. Working as a team ­ with the architect, quantity surveyor, and civil, structural, mechanical and electrical engineers ­ all using the same form of contract makes an incredible difference to the process of managing a project . NEC is built around good contract management practice. Correct application of the NEC will ensure that clients' affairs are managed proactively. Among the many notable users are the Highways Agency, the Environment Agency, CTRL, BAA, Sainsbury's, National Power, Transco, Boots, London

ECC Option C: Target Contract with Activity Schedule 0 7277 2074 0 £17.50

Guidance Notes and Flow Charts for the PSC 0 7277 2635 8 £15.00

ECC Option D: Target Contract with Bill of Quantities 0 7277 2075 9 £17.50

The Adjudicator's Contract (AC) 0 7277 2636 6 £12.50

ECC Option E: Cost Reimbursable Contract 0 7277 2076 7 £17.50

Guidance Notes and Flow Charts for the AC 0 7277 2695 1 £7.50

ECC Option F: Management Contract 0 7277 2077 5 £17.50

NEC Partnering Option X12 0 7277 2976 4 £5.00

The Engineering and Construction Subcontract 0 7277 2078 3 £17.50

NEC Box Set of 18 Documents 0 7277 2837 7 £150.00

www.neccontract.com

CONTENTS Introduction Towards standard forms of contract Critique of traditional forms and the need for change NEC principles NEC system Roles and responsibilities A theoretical model for the NEC system General The Contractor's main responsibilities Time Testing and defects Payment Compensation events Title and bonds Risks and insurance Disputes and termination Conclusion Appendices Index

The New Engineering Contract

A legal commentary

Dr Arthur McInnis, Solicitor, Hong Kong; Barrister and Solicitor, British Columbia; Consultant, Clifford Chance 2001 Hardbound 688pp 230 x 156 mm 0 7277 2961 6 £75.00

"In his thorough and perceptive research, culminating in this book, Arthur McInnis has provided a much needed tool...The book speaks clearly to lawyers and managers in terms which both will readily absorb. I foresee that it will rapidly become the standard legal work on the NEC. McInnis on the NEC will be used by managers as well as by lawyers, and it will be used in the avoidance of disputes much more than in the conduct of them."

Dr Martin Barnes, Member of the NEC Panel

This book examines the background to the NEC, its design objectives, structure, procedures and likely judicial interpretation to determine whether it improves upon the traditional standard forms of contract. Special attention is given in the commentary to the development and the significance of the principles underlying preparation of the NEC as well as the arguments in favour and against them. Throughout the detailed commentary on the NEC clauses, comparisons to the traditional forms are also made to highlight unique features and principles of general application.

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46

NEC / ICE DESIGN AND CONSTRUCT CONDITIONS OF CONTRACT

The NEC Engineering and Construction Contract

A user's guide

Dr Jon Broome

work together to ensure that customers, consultants and contractors all benefit. The findings in this Guide are supported by case studies that describe how experienced project managers have adopted the NEC procedures to ensure that they have real control of quality, time and cost. The case studies also show how the NEC approach to contract management provided an ideal basis for innovative forms of partnering that delivered sustainable improvements in quality, time and cost performance.

ICE Design and Construct Conditions of Contract

2nd Edition

ICE, ACE and CECA 2001 Paperbound 96pp 297 x 210 mm 0 7277 3023 1 £15.00

1999 Paperbound 200pp 210 x 148 mm 0 7277 2750 8 £30.00 This book provides an essential guide for the successful operation of a contract let under the NEC Engineering and Construction Contract (ECC). It includes a brief history of the development of the NEC family of contracts, detailed advice on contract strategy and an outline of the main clauses and procedures of the ECC. It discusses the experience of users from all parts of the industry and, most importantly, takes readers through the changes necessary for the effective and efficient operation of the ECC. CONTENTS Philosophy and ethos of the New Engineering Contract Users' experience Implementation Model pro-forma sheets Suggestions for modification to the second edition of the NEC Engineering and Construction Contract Bibliography Quick reference guide to terminology of the NEC Engineering and Construction Contract

Adjudication under the NEC

Richard N M Anderson, Barrister

ICE Design and Construct Conditions of Contract

2nd Edition Guidance notes

ICE, ACE and CECA 2001 Paperbound 48pp 297 x 210 mm

2001 Paperbound 140pp 297 x 210 mm 0 7277 2955 1 £50.00

0 7277 3024 X £15.00

ICE Design and Construct Conditions of Contract

1st and 2nd Editions compared

Geoffrey Hawker

"I commend this book to the attention of all involved in the construction process."

Sir Michael Latham This book is the only specialist guide to cover adjudication in relation to the NEC Engineering and Construction family of contracts and is the first to answer key questions on adjudication with the specific reference to the NEC. The NEC offers adjudication as the means of resolving any disputes but the procedure is not automatic. The first part of this book deals with the proper incorporation of adjudication into an NEC contract. Following on from this the challenges faced when dealing with adjudication in the UK and world-wide are addressed. Adjudication under the NEC offers much-need answers to questions surrounding the engineering adjudication process. Written by a lawyer well known in adjudication circles, this book will be an invaluable resource for all construction law professionals. It will also be of great interest to engineering and construction professionals who use the NEC. CONTENTS The constitution of the NEC family of contracts Procedures under the NEC family of contracts Adjudication under the NEC (worldwide) What may precede the process of adjudication The process of adjudication What may follow the process of adjudication Adjudication under the NEC (in relation to `Construction Contracts' within the UK) What may precede the process of adjudication The process of adjudication What may follow the process of adjudication

2001 Paperbound 140pp 297 x 210 mm 0 7277 3045 2 £25.00 This book provides an easy to use, clause-byclause comparison of the changes between the first edition and the second edition of the ICE Design and Construct Conditions of Contract. This essential volume presents the wording of the original edition as published in January 1992 opposite the new wording from the second edition, with changed clauses and sub-clauses highlighted in colour. Detailed notes are included that explain significant changes and a descriptive list of general changes is given at the beginning of the book.

NEC and Partnering

The guide to building winning teams

Professor John Bennett, University of Reading and Andrew Baird, Contracts Consultant and member of the NEC Drafting Panel

2001 Hardbound 432pp 234 x 156 mm 0 7277 2997 7 £50.00 This Guide outlines the essential steps that project teams need to take to ensure that they deliver world-class performance by providing an in-depth picture of the practical realities of using the NEC coupled with the partnering philosophy. It explains in detail how people using the NEC have learned to

Tendering for Civil Engineering Contracts

ICE, ACE and CECA 2000 Paperbound 32pp 297 x 210 mm 0 7277 2853 9 £10.00

Agreement for Consultancy Work

Institution of Civil Engineers 1997 Paperbound 16pp 0 7277 2626 9 £7.50

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CECA

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47

The ICE Arbitration Procedure 1997

Institution of Civil Engineers 1997 Paperbound 24pp 297 x 210 mm 0 7277 2615 3 £10.00

CECA Form of Sub-Contract

for use with ICE 5th Edition

1998 (amended April 2001) Paperbound 18pp 297 x 210 mm 0 7277 0480 X £10.00

The ICE Adjudication Procedure 1997

Institution of Civil Engineers 1998 Paperbound 16pp 297 x 210 mm 0 7277 2663 3 £10.00

This report draws on research funded by the then DETR, including the largest ever survey of UK construction disputes, to review the current status and potential future development of dispute resolution in the construction industry. Using case studies and quotes taken from the survey, the report examines the reasons behind conflicts and compares different dispute resolution techniques. Most importantly, it explores the experience and perceptions, of those involved in the process, and considers how disputes can be managed more effectively.

Civil Engineering Construction Contracts

2nd Edition

Michael O'Reilly, Kingston University 1999 Hardbound 378pp 230 x 156 mm 0 7277 2785 0 £47.50 The second edition of this hugely popular book has been fully revised to reflect changes in all of the principal civil engineering contracts. The author provides a succinct and authoritative introduction to contract law and the standard forms of contract used in civil engineering projects, providing an analysis of the various contract options, including: changes to the ICE 6th edition ICE 7th edition the Engineering and Construction Contract (NEC) 2nd Edition and Short Contract CECA Form of Sub-Contract the FIDIC Conditions of Contract

CECA Form of Sub-Contract

for use with ICE 6th edition

1998 (amended April 2001) Paperbound 20pp 297 x 210 mm 0 7277 1839 8 £10.00

ICE Adjudication Procedure 1997

A users' guide and commentary

Brian Totterdill, Consulting Engineer

CECA Form of Sub-Contract

for ICE Design and Construct Conditions of Contract

1998 (amended April 2001) Paperbound 21pp 297 x 210 mm 0 7277 2372 3 £10.00

1998 Paperbound 72pp 210 x 148 mm 0 7277 2664 1 £20.00 This guide reviews the Procedure in detail, with notes on each clause and guidance for practical application. It includes a review of the requirements of the Housing Grants, Construction and Regeneration Act 1996 and their application to construction adjudication.

CECA Schedule of Dayworks 2000

Nov 2002 Paperbound 40pp 297 x 210 mm 0 9544071 0 5 £15.00

Claims on Highway Contracts

Robert N Hunter, Forth Local Authority Consortium 1997 Hardbound 232pp 230 x 156 mm 0 7277 2580 7 £50.00

The ICE Conciliation Procedure 1999

Institution of Civil Engineers 1999 Paperbound 16pp 297 x 210 mm 0 7277 2761 3 £10.00

Dispute Resolution in the Construction Industry

An evaluation of British practice

Nicholas Gould, Phillip Capper, Giles Dixon and Michael Cohen 1999 Paperbound 224pp 297 x 210 mm 0 7277 2836 9 £50.00

The ICE Construction Mediation Procedure 2002

June 2002 Paperbound 20pp 297 x 210 mm 0 7277 3131 9 £10.00

Adjudication for Architects and Engineers

John Timpson, Consultant Architect and Brian Totterdill, Consulting Engineer Legal Notes by Roger Dyer 1999 Paperbound 392pp 210 x 148 mm 0 7277 2672 2 £47.50 This book covers the background and development of adjudication and explains exactly how adjudication can work, referring to the wider field of contract problems and disputes in order to explain the narrow field of adjudication.

Appendix (2001) to the Scottish Arbitration Code 1999

2001 Paperbound 12pp 297 x 210 mm 0 7277 3019 3 £5.00

"This is the most fascinating publication to come across my desk for many a year ... Anyone concerned with the construction industry who is fascinated (as I am) by what lies ahead in dispute resolution must read this intelligent book so as to be better informed."

Philip Otton, Royal Courts of Justice

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48

ICE CONDITIONS OF CONTRACT

ICE Conditions of Contract

Measurement version 7th Edition

ICE, ACE and CECA 1999, amended 2003 Paperbound 92pp 297 x 210 mm 0 7277 2789 3 £15.00 This seventh edition provides a simple and standardised contract specifically tailored for civil engineering projects. It is based on the traditional pattern of engineer-designed, contractor-built works with valuation by measurement. It has been revised and updated in line with the recommendations made by the Latham Review and fully supports and promotes the benefits of team working and current procurement initiatives propounded by the Egan Report. Incorporates January 2003 amendments.

ICE Conditions of Contract for Minor Works

3rd Edition

ICE, ACE and CECA

ICE Conditions of Contract Box Set

2001 Paperbound 28pp 297 x 210 mm 0 7277 2940 3 £12.50 This new edition provides a simplified and standardised form of contract for use where construction work is considered to be simple and straightforward, and the potential risks are adjudged to be small. It includes guidance notes to help you understand and implement the contract. As the minor works contract may be used where the Housing Grants, Construction and Regeneration Act 1996 does not apply, the Guidance Notes show how the original disputes procedure (included in the Notes) replaces Clause 11 and Addendum A. 2001 297 x 210 mm 0 7277 3044 4 £70.00 The box set includes: ICE Conditions of Contract Measurement Version: 7th Edition ICE Conditions of Contract Measurement Version: 7th Edition Guidance Notes ICE Design and Construct Conditions of Contract: 2nd Edition ICE Design and Construct Conditions of Contract: 2nd Edition Guidance Notes ICE Conditions of Contract for Minor Works: 3rd Edition Tendering for Civil Engineering Contracts ICE Conditions of Contract Partnering Addendum

ICE Conditions of Contract

6th and 7th Editions compared

Geoffrey Hawker

ICE Conditions of Contract

Term version

ICE, ACE and CECA 1999 Paperbound 128pp 297 x 210 mm 0 7277 2849 0 £25.00 2002 Paperbound 88pp 297 x 210 mm 0 7277 3193 9 £15.00

ICE Conditions of Contract

6th Edition Guidance Notes

ICE, ACE and CECA 1993 Paperbound 20pp 297 x 210 mm 0 7277 1966 1 £12.50

ICE Conditions of Contract

5th and 6th Editions compared

1991 Paperbound 132pp 297 x 210 mm 0 7277 1636 0 £25.00

This publication provides an easy to use clausebyclause comparison of the changes between the 6th and 7th Editions of the ICE Conditions of Contract.

ICE Conditions of Contract

Measurement version 7th Edition

Guidance Notes ICE, ACE and CECA 1999 Paperbound 20pp 297 x 210 mm 0 7277 2842 3 £15.00

The concept of a term contract will be familiar to most engineers. Local authorities and utilities have used this type of contract for many years to carry out routine maintenance and remedial work within a set geographical area. A contractor is appointed to carry out such work for an agreed period of time (the term) carrying out such packages of work as may be required by the Employer under conditions set out in the Term Version. The ICE Term Version is drafted bearing in mind the benefits of team working and current procurement initiatives. Therefore, it should be suitable for planned maintenance or refurbishment work as well as for emergency works where a contractor may be on call. It may also be suitable for the appointment of a short list of contractors under a framework agreement where a secondary bidding process may be used to choose one of the contractors for larger packages of work.

ICE Conditions of Contract

5th Edition

ICE, ACE and CECA 1986 Paperbound 132pp 297 x 210 mm 0 7277 0337 4 £15.00

ICE Conditions of Contract

6th Edition

ICE, ACE and CECA 1991 Paperbound 72pp 297 x 210 mm 0 7277 1617 4 £15.00

ICE Conditions of Contract

Term version, Guidance Notes

ICE, ACE and CECA Sept 2002 Paperbound 32pp 297 x 210 mm 0 7277 3199 8 £15.00

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ICE CONDITIONS OF CONTRACT

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49

ICE Conditions of Contract for Ground Investigation

ICE, ACE and CECA 1983 Paperbound 64pp 297 x 210 mm 0 7277 0178 9 £12.50

ICE Conditions of Contract Ground Investigation

2nd Edition

ICE, ACE and CECA 2003 Paperbound 96pp 297 x 210 mm 0 7277 3226 9 £15.00

ICE Conditions Of Contract for Archaeological Investigation

ICE, ACE, CECA and IFA September 2004 Paperbound 36pp 297 x 210 mm 0 7277 3237 4 £15.00 An Archaeological Investigation is usually undertaken to provide information: In response to a proposed development which could cause damage to Archaeological Remains As part of the planning process (within the framework of appropriate national planning policy guidance notes) and/or development plan policy As part of an Environmental Impact Assessment In connection with management plans and mitigation strategies of private, local and national or international bodies Outside the planning process (e.g. infrastructure projects, ecclesiastical development, coastal erosion, agriculture, forestry and countryside management, works by public utilities and statutory undertakers). Where the Investigation finds Archaeological Remains they are recorded, analysed and interpreted and the findings disseminated as appropriate. These Conditions of Contract, the first of its kind, regulate the business relationship between the Employer (e.g. Land owners, developers) and the specialist Archaeological Contractor during the course of an Archaeological Investigation. The Contract retains a pattern traditional in civil engineering contracts, with an investigation commissioned by an Employer, designed or approved by an Engineer and carried out by a specialist Archaeological Contractor, only that the term `Consultant' is used instead of `Engineer'. Its advantages include: Providing parties to the Contract with an "advanced warning" of circumstances that may give rise to additional costs or delay or which may warrant a significant change to the scope of the Investigation Enabling the minimisation of additional cost and/or delay as well as potential for dispute Minimising the incidence of disputes and resolving those that may arise in a speedy and non-confrontational manner. On the basis that many archaeological contracts will fall within the provisions of Part 2 of the Housing Grants, Construction and Regeneration Act 1996, this Contract has been drafted to comply with the legislation with the intention that the various Statutory `Schemes for Construction Contracts' should not apply.

NEW

ICE Conditions of Contract Partnering Addendum

ICE, ACE and CECA

2003 Paperbound 16pp 297 x 210 mm 0 7277 3231 5 £5.00 This Partnering Addendum aims to deliver an effective and flexible mechanism for multi-party partnering using ICE Conditions of Contract, ACE Agreements 2002 and CECA Forms of Subcontract. The document governs the implementation of the partnering arrangement and the relationship between the Partners. It may include any documents that are applicable to all parties (e.g. code of conduct) and may include any requirements for: use of common information systems, sharing of offices attendance at Partners' and Core Group meetings participation in partnering workshops arrangements for joint design development value engineering and value management risk management joint performance management and monitoring, including compliance measurement By linking the Partnering Addendum to appropriate bi-party contracts, it is intended that the arrangements can be used for: partnering for any number of projects (i.e. single project or programme of works) the duration of a term contract projects nationally and internationally using UK law projects of any technical composition projects of any size The partnering arrangement is sufficiently flexible to accommodate: additional Partners (disciplines) as the project progresses all phases of the project development a party entering into more than one bi-party contract

Like the Measurement Version of the ICE Conditions of Contract, the Ground Investigation Version is based on the traditional pattern of an investigation designed by an Engineer and carried out by a Specialist Contractor. These Conditions are intended for the situation where the Employer wishes to develop a site and has geotechnical specialists to advise him and who will carry out any initial desk study, identify the geotechnical requirements of the project and design a ground investigation to suit those requirements. The Investigation may include all or some of the following: Site Operations including drilling, digging pits, surveys etc. Ancillary Works, being permanent items left behind, e.g. piezometers. Laboratory Testing. Reporting requirements. The extent of these will vary depending on the needs of individual projects and whether the purpose is for a feasibility study or a full design investigation. This new edition maintains the concepts set down in the first edition, published in 1983, but puts them in a more modern context with some additions and amendments resulting from experience and modern practice. Changes since the first edition include: Improved clarity of language, as for the family of ICE contracts. Provision for a Ground Specialist to act as Engineer (Clause 2(2)). Provisions regarding sub-contractors (Clause 4). Requirements for supply of Site Information by the Employer (Clause 11). A procedure for dealing with unforeseen contamination (Clause 12A). A provision for repeating defective work (Clause 49(4)). A provision for dealing with Contractor proposed variations (Clauses 51(3) and 52(2)). Amended retention money clauses (Clause 60 (5) and (6))

ICE Conditions of Contract for Ground Investigation

Guidance Notes

ICE, ACE, and CECA 2003 Paperbound 32pp 297 x 210 mm 0 7277 3256 0 £15.00

ICE Conditions Of Contract for Archaeological Investigation

Guidance Notes

ICE, ACE, CECA and IFA September 2004 Paperbound 44pp 297 x 210 mm 0 7277 3289 7 £15.00

NEW

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50

HEALTH AND SAFETY / MASONS GUIDES

Health and Safety in Construction

Guidance for construction professionals

John Barber

need to be aware of when negotiating the minefield of professional services contracts in the construction industry. It is practical and accessible in its approach, and addresses professional obligations when engaged under such agreements. It advises on the principal areas of consultancy risk and makes reference to some of the standard conditions produced by professional bodies. CONTENTS Introduction The Client Forming the appointment General clauses The Services Payment of fees Termination and suspension Intellectual property rights Liability for work carried out by others Agency Statements, certificates and reports Insurances and liability Limitation and exclusion of liability Indemnities Set off, liens, retentions and liquidated damages Assignments and novations Collateral warranties Guarantees and bonds The Construction (Design and Management) Regulations 1994 Law and jurisdiction and dispute resolution Adjudication Management of risks Appendices Standard collateral warranties Table of cases Index

(Amendment) Regulations 2000 and a number of amendments to other health and safety regulations have appeared. All of which are covered in this edition, making it a must for anyone responsible for the procurement, management or design of any construction project. CONTENTS Introduction Framework of health and safety law An overview of the Regulations Competence and resources The client The designer The planning supervisor The principal contractor Contractors The health and safety plan The health and safety file Project documentation Liability and enforcement Transitional provisions Index

2002 Paperbound 96pp 210 x 148 mm 0 7277 3118 1 £20.00 All civil engineers and construction professionals have both professional and legal duties to take care of not only of their own health and safety at work, but also the health and safety of others who might be put at risk. Health and Safety in Construction offers clear guidance on the responsibilities of construction professionals for health and safety in construction. Construction professionals need to work together to ensure consistently high standards and this essential guide will help achieve a measured and effective response to this challenge. CONTENTS Professional duties Civil liability Statutory framework Health and Safety at Work Act 1974 General Duties Health and Safety Regulations and Approved Codes of Practice Management of Health and Safety at Work Regulations and risk assessment CDM Regulations 1994 Construction (Health, Safety and Welfare) Regulations 1996 Contractual provisions Duty to warn General conclusion

Environmental Law for the Construction Industry

2nd Edition

Amanda Stubbs, Masons Solicitors and Christopher Dering, Consulting Editor

2002 Hardbound 184pp 210 x 148 mm 0 7277 3095 9

Professional Services Agreements

Leslie Edwards, Consultant, and Rachel Barnes, Beale and Company Written by an engineer and a solicitor, this is a comprehensive review of the issues that readers

The CDM Regulations Explained

2nd Edition

Raymond Joyce, Pinsent and Curtis Biddle This guide has been written to provide step-by-step practical advice and guidance on the CDM Regulations. Since the first edition of this book the Construction (Design and Management)

£25.00 This is a fully revised edition of this popular introduction to environmental law as it affects the construction industry. Changes in contracting arrangements have meant that those traditionally concerned with the construction process must now take greater interest in environmental law. This book gives an outline of the legal and regulatory framework, and a summary of the principal duties that result from the legal regime surrounding construction. This book helps readers to understand the requirements that the law imposes and, in individual cases, whether they face a problem with which they should be concerned. In addition, it offers some thoughts on insurance and financing considerations, and suggestions on managing an environmental crisis and dealing with regulatory inspectors.

2000 Hardbound 232pp 230 x 156 mm 0 7277 2884 9 £35.00

2001 Paperbound 248pp 210 x 148 mm 0 7277 3036 3 £35.00

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MASONS GUIDES / HEALTH AND SAFETY

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51

Health and Safety Law for the Construction Industry

2nd Edition

Dr Simon Joyston-Bechal and Helen Grice, Masons Solicitors

NEW

Employment Law for the Construction Industry

Michael Ryley and Edward Goodwyn, Masons Solicitors

JOURNALS

June 2004 Hardbound 180pp 210 x 148 mm 0 7277 3123 8 £25.00 This new edition highlights the main health and safety duties in a convenient and readable format, and provides extensive bibliographies that identify any related legislation and approved codes of practice and guidance. The chapters on CDM and work equipment have been comprehensively revised to account for the new approved code of practice on CDM and the Provision of Use of Work Equipment Regulations 1998 and the Lifting Operators and Lifting Equipment Regulations 1998 respectively. Two new chapters have been added to reflect the increasing tendency for construction fatalities to be investigated by the Police (with a view to bringing manslaughter charges) and the usefulness of comprehensive management plans in place to deal with such crisis. This book will be an essential reference source for all those who are involved in construction projects. CONTENTS Introduction to health and safety law Health and safety liabilities The Construction (Design and Management) Regulations 1994 Equipment safety Workplace safety Fire safety Personal protective equipment Hazardous substances Accident reporting and investigation First-aid on the site Miscellaneous health and safety issues Fatal accidents Crisis management Table of statutes Table of statutory instruments and orders Bibliography Index

2000 Hardbound 160pp 210 x 148 mm 0 7277 2882 2 £25.00 This informative guide offers an insight into the numerous problems of employment law as they impact on construction firms and practitioners, including the use of subcontractors and part timers. Written in a similarly straightforward, userfriendly style as the companion Masons' guides, the authors use devices such as checklists to illustrate particularly salient points. With claims from disgruntled employees becoming increasingly common and larger liabilities being placed on employers, this book meets a timely demand.

ISSN 0965 0903 Volume 158 Frequency 4 issues UK £95 Rest of world £103

Municipal Engineer

Municipal Engineer addresses key issues such as procurement, management and finance, in the context of social, cultural and environmental issues. www.municipalengineer.com

Health and Safety for Engineers

Edited by Martin Barnard, Symonds Group

1998 Hardbound 224pp 230 x 156 mm 0 7277 2601 3 £40.00

ISSN 0965 089X Volume 158 Frequency 4 issues + 2 special issues UK £98 Rest of world £113

Civil Engineering

Civil Engineering features refereed papers and topical short articles across all sub-disciplines, providing lively discussion on topics ranging from project papers to, ethical, environmental, and management issues. Civil Engineering also publishes two special issues per year, each covering a major project or subject area. TRANSPORT MAY 2005 ENERGY NOVEMBER 2005 www.ice.org.uk

Total Project Management of Construction Safety, Health and Environment

2nd edition

European Construction Institute 1995 Paperbound 206pp 297 x 210 mm 0 7277 2082 1 £50.00

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52

HEALTH AND SAFETY

QUESTIONS and ANSWERS SERIES

This new series presents information on health and safety in different environments. All the books follow the same very successful questions and answers format, and also contain detailed appendices ­ proformas, checklists and templates. The books are aimed at those who need a quick reference guide to a variety of health and safety issues.

Health and Safety: Questions and Answers

A Practical Approach

Pat Perry, Perry Scott Nash Associates

2003 Paperbound 176pp 210 x 148 mm 0 7277 3240 4 £19.95 The amount of knowledge required on the subject of health and safety is constantly growing as new and revised laws are implemented, best practice improves, guidance changes, etc. The subject range is broad and each chapter deals with a specific health and safety topic, with a practical, no-nonsense approach. Legal requirements are covered, as is best practice, approved codes of practice and latest guidance. Often a quick reminder of an employer's key responsibilities is all that is needed and this book will provide an invaluable easy reference guide for those everyday questions. The book is aimed at everybody who needs to know something about health and safety matters, from company directors to shop-floor supervisors. It will also be an invaluable reference tool for health and safety managers, facilities managers and others. CONTENTS Introduction to health and safety Legal Framework Accident and incident management First aid Manual handling Hazardous substances Asbestos Noise Display screen equipment Workplace facilities Smoking at work Fire safety Safe systems of work Risk Assessments

Managing contractors Electrical safety Personal protective equipment Legionnaires' disease New and expectant mothers and young workers Work equipment Violence at work Stress Training in health and safety Miscellaneous

Hazardous substances Risk assessments Manual handling Noise and vibration Management of health and safety Fire safety

Fire Safety: Questions and Answers

A Practical Approach

Pat Perry, Perry Scott Nash Associates

Construction Safety: Questions and Answers

A Practical Approach

Pat Perry, Perry Scott Nash Associates

2003 Paperbound 228pp

2003 Paperbound 232pp 210 x 148 mm 0 7277 3233 1 £19.95 This book presents Information in a no-nonsense style and provides practical solutions to every day site safety issues. Where applicable, new legislation is covered and references to the latest HSE guidance notes and approved codes of practice are made throughout the book. Various pro-forma's, templates and checklists are included as appendices. The book is aimed at site agents, site managers, project managers, site supervisors and anyone else who needs to have a quick reference guide to basic site safety issues. CONTENTS Introduction Legal overview Site welfare facilities Access/egress to site Vehicles/transport Excavations Working at heights Personal protective equipment Electrical safety

210 x 148 mm 0 7277 3239 0 £19.95

Fire safety is one of the most important aspects of health and safety to get right as the consequences of not doing so can be catastrophic in both terms of human life and business cost. Each chapter covers an aspect of fire safety and information is relayed in a practical and pragmatic way so that the reader will know what to do and how to do it. Fire safety legislation has been under review for quite a considerable time and a new approach is anticipated during 2004. This will be focused much more on fire risk assessments and will place a much greater emphasis on "self regulation" by employers. This book aims to provide much of that basic knowhow information. The book is aimed at a wide audience, saying from company directors to fire wardens and will provide practical information on managing fire safety. CONTENTS Introduction to fire safety Legal framework Fire certificates Fire risk assessments

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HEALTH AND SAFETY

www.thomastelford.com

53

Fire safety in workplaces Hazardous/flammable materials Fire safety training Fire precautions Fire prevention methods Special premises Fire safety during refurbishment works Miscellaneous

Risk Assessment: Questions and Answers

A Practical Approach

Pat Perry, Perry Scott Nash Associates

The Management of Health and Safety at Work regulations 1999 Control of substances hazardous to health and dangerous explosive substances Manual handling Noise Display screen equipment Work equipment and work practices Persons with special needs Personal protective equipment First aid Worked-related upper limb disorders Fire Safety Design risk assessments

2nd edition has been substantially rewritten and reformatted and now provides: one of the first books to reference the revised ACOP all questions have been revised and new questions added, clarification of the ACOP is provided within the questions where appropriate a quick reference guide, now divided into five parts, with twenty chapters in total appendices have been included to give every day working forms and templates the contents pages list questions in sequence for each chapter and all questions are listed alphabetically at the end of the book revised in layout to address key stages of a project rather than key duties. Following on from the successful first edition, this book continues to give clear and practical guidelines on how to interpret and comply with the CDM Regulations. It will be an invaluable resource for those concerned with building, civil engineering and structural design, building surveyors, quantity surveyors and construction equipment designers and also architects. For more information on this series go to www.ttbooks.co.uk/questions-and-answers

2003 Paperbound 270pp 210 x 148 mm 0 7277 3238 2 £19.95 The term `risk assessment' is all too familiar in business and applies not only to health and safety but also other business processes. The Turnball Report focused the minds of many businesses on risk management, but while we may know that we must undertake risk assessments in health and safety, there is often a lack of knowledge and understanding on how to do it and what is "suitable and sufficient". Each chapter covers a key health and safety area and the approach to risk assessment is outlined in a series of questions ­ how, what, why, when? ­ and solutions and approaches given to understanding the legal requirements and how to implement them. References are made throughout to HSE approved codes of practice, best practice guidance and industry specific guides. The book is aimed at everyone from company directors through to someone who needs to assume the competent person's role in undertaking health and safety responsibilities. CONTENTS Introduction Legal framework

CDM: Questions and Answers

A Practical Approach 2nd Edition

Pat Perry, Perry Scott Nash Associates

2002 Paperbound 356pp 210 x 148 mm 0 7277 3107 6 £35.00 Many years after implementation, the Construction (Design and Management) Regulations 1994 (CDM) still cause confusion to many involved with construction projects. Often, regulations are wrongly interpreted and overexaggerated. While overall, health and safety on construction sites has improved over the years, recent statistics indicate an upward trend in fatalities. With prosecutions under the CDM Regulations becoming the norm; the Health and Safety Executive is increasing its resolve to improve conditions on construction sites. To this end, the Health and Safety Executive has published a revised Approved Code of Practice (ACOP): Managing Health and Safety in Construction ­ HSG 224 to assist with improving the understanding of CDM Regulations. CDM questions and answers: A practical approach.

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54

FIDIC FORMS OF CONTRACT

FIDIC FORMS OF CONTRACT (all tbc??) FIDIC Conditions of Contract

4th edition (Red) 1987 Paperbound 92pp 297 x 210 mm 0 7277 1332 9 £27.50 2001

FIDIC Conditions for Plant and Design and Build

First Edition (Yellow) 1999 Paperbound 109pp 297 x 210 mm 2 88432 023 7 £30.00

FIDIC Users' Guide

A practical guide to the 1999 Red Book

Brian Totterdill, Consulting Engineer

FIDIC Client/Consultant Model Services Agreement

3rd edition (White) 1998 Paperbound 25pp 297 x 210 mm 2 88432 014 8 £20.00

FIDIC Conditions of Contract for Construction

First Edition (Red) 1999 Paperbound 109pp 297 x 210 mm 2 88432 022 9 £30.00

Hardbound 312pp 230 x 156 mm 0 7277 2885 7 £40.00

FIDIC Conditions of Contract for Electrical and Mechanical Works

3rd edition (Yellow) 1987 Paperbound 51pp 297 x 210 mm 2 88432 000 8 £25.00

The FIDIC Contracts Guide

Detailed guidance on using the first editions of FIDIC contracts

2000 Paperbound 350pp 297 x 210 mm 0 7277 2119 4 £120.00

This guide tackles the issues involved in administrating the latest FIDIC contract and provides a clause-by-clause commentary on the new rules that include the revision of many of the important clauses and some new concepts. CONTENTS Part 1: The Traditional and the 1999 FIDIC Conditions of Contract Introduction to the FIDIC Conditions of Contract The 1999 FIDIC Conditions of Contract for Construction Comparisons between the different FIDIC Conditions of Contract Claims and dispute procedures Flow charts Part 2: The FIDIC Conditions of Contract for Construction Introduction to Part 2 Contents: General Conditions Definitions listed alphabetically Chapters 9-28 are Clauses 1-20 Part 3: Appendices * Part 4: Sub-Clause comparison

The FIDIC Digest

Contractual claims and responsibilities under the 4th edition of the FIDIC Conditions

John G Sawyer and C Arthur Gilliot, Consultants 1990 Hardbound 200pp 297 x 210 mm 0 7277 1510 0 £45.00

FIDIC Conditions of Contract for Design, Build and Turnkey

(Orange) 1995 Paperbound 85pp 297 x 210 mm 2 88432 010 5 £30.00

FIDIC Conditions for EPC Turnkey Projects

First Edition (Silver) 2002 Paperbound 100pp 297 x 210 mm 2 88432 021 0 £30.00

This digest provides a clear explanation of the fourth edition of the FIDIC Conditions and of the impact of the changes and innovations on the well established third edition. As such, it enables forecasts to be made on civil engineering practices for both practitioners and students.

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