Nobody downloaded yet

Capital construction Contract - Essay Example

Comments (0) Cite this document
Summary
CAPITAL CONSTRUCTION Capital Construction Contract The Agreement Leena Table of contents- 1. Introduction 3 2. Purpose of report 3 3. Commercial arbitration 4 a. The New York convention 4 b. UNCITRAL arbitration rules 5 4. Structure of the guiding law 6 5…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.1% of users find it useful
Capital construction Contract
Read TextPreview

Extract of sample "Capital construction Contract"

Download file to see previous pages The draft that needs to be reviewed is as below: “Any dispute or whatever nature arising out of or in any way relating to the Agreement or to its construction or fulfilments can be referred to arbitration. Such arbitration shall take place in Dubai or Sana’a, or any other place as the parties may agree, and shall proceed in accordance with the Rules of Arbitration of the LCIA-DIFC in Dubai. Both parties hereby agree that, at least, one arbitrator should be Dr Karim Akram.” Many factors influence the path chosen to resolve expected and unexpected disputes that may arise during the course of the agreement between the parties and may depend on the identities of the parties, the courts and their jurisdiction in play and location of assets among others. And without a clear clause for dispute resolution, any dispute arising may be tossed at some court which may not be the first choice of either or both the parties (International Arbitration – An Overview, 2012). 2. Purpose of report Firstly, it is observed that there is a general ambiguity between going for arbitration or a litigation when there is a conflict of interest between two parties in agreement, which calls for a thorough consideration of the advantages of both and choosing the best course in the interest of both the companies and the general public at large. Being the Contract Manager and Arbitration Specialist at the company, I am entrusted with this job of reviewing the best course of action to enable the smooth conduct of the agreement between the company and the other company based in Yemen. Secondly, as the other party is based in another country with many of the International conventions ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Capital construction Contract Essay Example | Topics and Well Written Essays - 2750 words”, n.d.)
Capital construction Contract Essay Example | Topics and Well Written Essays - 2750 words. Retrieved from https://studentshare.org/law/1399305-commenting-on-a-proposed-draft-and-recommend-the
(Capital Construction Contract Essay Example | Topics and Well Written Essays - 2750 Words)
Capital Construction Contract Essay Example | Topics and Well Written Essays - 2750 Words. https://studentshare.org/law/1399305-commenting-on-a-proposed-draft-and-recommend-the.
“Capital Construction Contract Essay Example | Topics and Well Written Essays - 2750 Words”, n.d. https://studentshare.org/law/1399305-commenting-on-a-proposed-draft-and-recommend-the.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Capital construction Contract

Construction Contract Law

...Construction Contracts and its relation with Alternative Dispute Resolution Executive Summary This essay will deal with the question: What advice would you give to the Chartered Building Surveyor in the case of Burchell v. Bullard The essay will present relevant provisions of the Housing Grants, Construction and Regeneration Act of 1996, the Pre-Action Protocol for Construction and Engineering Disputes, The Woolf Report, as well as information about litigation, arbitration and Alternative Dispute Resolution or ADR and the costs involved. In advising the Construction Building Surveyor to agree with the mediation proceedings, the essay will point out the...
12 Pages(3000 words)Case Study

Construction Management 'Contract Law'

...Construction Management - 'Contract Law' - I Using Standard Forms Contract Introduction There is a need to have a defined contract with the architect for the deliverables that is expected off him. In order to ensure that either of the parties works in unison and they have understood each other in complete, contracts need to be drawn. Contracts are drawn also to finalise the understanding between the parties under consideration. Every contract has its own complexity in the agenda. The contract under current consideration much more so and has its own complexities. In order to understand and to clearly...
16 Pages(4000 words)Essay

Construction Contract Administration and Law

...Construction Contract Administration and Law From the given fabric of facts, problems pointed out, the following suggestions are given for your kind consideration and immediate action. Yes sir it appears that the interests of the University face a threat from some unwanted and unavoidable conduct on the part of contractor. But the circumstances like this may arise and the legal system recognizes and guarantees remedies. The only thing is that situations like this may cause problems in the functioning of the University. Let this be read as answers to queries posed in the case. If the contractor appointed by the University, fails to act as per the requisites or requirements of the University, the...
8 Pages(2000 words)Essay

Construction contract law

...Construction contract law The case of Clarke & sons v ACT (2002) has to be analyzed critically before drawing conclusions. This needs thorough discussion on creation of contracts, expression of terms, implied terms, quantum meruit, dispute resolution, payment provisions and final adjudication relating to this case. Analysis of actual case Clark initiated a successful coach operating business from a depot in south east London. However, later it was operating about 20 coaches from that depot. But by the end of the decade the fleet had doubled and it was becoming difficult to manage properly the maintenance, servicing and cleaning of these coaches from the depot due to its maller size. In...
13 Pages(3250 words)Essay

Construction Contract Law 2

...to mitigate its loss (Chitty, 2007). The fact that it can now lease the machinery for more than the price of the contract of the current leasing agreement with Comfort Kitchens means that if the marketplace is ripe, X will have to demonstrate positive steps towards loss mitigation (Treitel, 2007). Alternatively, X may try and make a claim for loss of business. As mentioned above, the requirement for damages is to prove that the breach caused the loss and that the loss was not too remote. When considering breach of contract claims a relevant consideration is allocation of risk in commercial contracts. Like other contracts, construction...
8 Pages(2000 words)Essay

Construction contract

...of responsibilities and creating a ‘legally bound’ mutual trust. By creating an atmosphere of trust and cooperation and through proper documentation NEC3 contract removes the communication deficit between parties of the contract which is a very common reason behind the failure of various projects. The JCT05 or the FIDIC contract are more detailed as compared to NEC3 however the simplicity offered by NEC3 is the key to better understanding and grasp by all parties of contract and thus ensuring a collaborative, efficient and good management of the project. Works Cited Eggleston, Brian. The NEC 3 engineering and construction contract: a...
2 Pages(500 words)Essay

Construction contract

... Steps taken by the contractor in the event of the employer’s insolvency The contractor should secure the plants and materials on site In a situation where a contractor notices that the employer has become bankrupt, he/ she should take possession of the equipments and materials on site, until when the employer pays him off (Philip 149). This only applies were the service provider have a valid retention of title clause. According to the construction Act, ownership of the material transfers to the employer the moment those materials becomes part of the building, even if the employer had not completed the payment. Contractors are therefore encouraged to have a legal retention of title clause in the building contract. This allows... remain...
3 Pages(750 words)Essay

Construction contract

...Number] Compensation Events System under the NEC contract NEC is the New Engineering Contract whichis created by the Institution of Civil Engineers (Gibson, p77). It conducts the drafting of documents in areas such as civil engineering and construction projects. The purposes can be obtaining tenders, awarding and administrative contracts. These documents are legally drafted containing of the duties being carried out by the contractor and the employer. In other words, NEC is a branch of contracts that assists the implementation of sound project management principles along with defining legal relationships. It is a suitable way of acquiring a wide range of...
10 Pages(2500 words)Essay

Construction Contract Law

...Comparison of NEC 3 and JCT NEC, short for New Engineering Contract, refers to a family of contracts that enhances the construction process. The contract has guidelines to how project management should be handled and how legal relationships should be handled. Other than the guidelines, this engineering contract assists construction engineers in procuring projects and the supply of materials to the project sites (Cartlidge 2009, p.3). The NEC contracts are quickly gaining popularity both on a national and international level. This is due to the time-efficiency, quality and cost efficiency promoted by the NEC...
2 Pages(500 words)Research Paper

Construction Contract

... Section A Question (A) The construction contract in question between GPD, the employer and CCL, is governed by the standard form of contract JCT 98.1 Clause 2.1 of JCT 98 2 setting out contractor’s obligations requires the contractor to carry out and complete the works undertaken strictly as mentioned in the documents of the contract. It adds that quality of materials and standards of workmanship as stipulated in the contract documents should be to the reasonable satisfaction of the Architect. During the period of work in progress, the architect finds that cladding materials used is of inferior quality not in compliance with specifications of the...
15 Pages(3750 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Capital construction Contract for FREE!

Contact Us