Books


 

The Application of Contracts in Developing Offshore Oil and Gas Projects

Phillip Loots & Dr Donald Charrett

2019 Informa Law by Routledge  –    362 Pages

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This book provides a comprehensive overview of the key aspects and contracts involved in the process of developing oil and gas projects, with an emphasis on offshore developments.

Project development in oil and gas carries with it numerous unique risks and challenges. By identifying and managing risk through the various contract stages, each stage of the project is seen in perspective and therefore gives readers a better understanding of how that stage was arrived at and what is expected to come later. To do this, the authors use illustrative international case studies from past and current projects, thereby deepening the reader’s understanding and awareness of risk from practical experience, as well as suggesting answers for those who are involved in developing oil and gas projects.

The Application of Contracts in Developing Offshore Oil and Gas Projects is intended for project owners, project managers, contractors, finance managers, commercial managers and lawyers who seek to understand the subject from a practical point of view.

The International Application of FIDIC Contracts – A Practical Guide

Dr Donald Charrett (Editor)

2019 Informa Law by Routledge  –    368 Pages

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FIDIC contracts are the most widely used contracts for international construction around the world and are used in many different jurisdictions, both common law and civil law. For any construction project, the General Conditions of Contract published by FIDIC need to be supplemented by Particular Conditions that specify the specific requirements of that project.

The International Application of FIDIC Contracts: A Practical Guide provides readers with detailed guidance and resources for the preparation of the Particular Conditions that will comply with the requirements of the applicable laws that apply to the site where the work is carried out, and for the governing law of the contract, for a number of the jurisdictions in which FIDIC contracts are used.

This book is essential reading for construction professionals, lawyers and students of construction law.

The book can be ordered from Routledge as an e-book, or in hard copy format: https://www.routledge.com/The-International-Application-of-FIDIC-Contracts-A-Practical-Guide/Charrett/p/book/9780367142971

 


 

The Application of Contracts in Engineering and Construction Projects

Dr Donald Charrett 

2018 Informa Law by Routledge  –    424 Pages

18.02.06 Book Cover

Written by an engineer and construction lawyer with many years of experience, The Application of Contracts in Engineering and Construction Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. Compiling papers written and edited by the author, it draws together a lifetime of lessons learned in these fields and covers the topics a practicing professional might encounter in such a project, developed in bite-sized chunks.

Key topics included are:

– the engineer and the contract; 
– the project and the contract;
– avoidance and resolution of disputes; 
– forensic engineers and expert witnesses; and 
– international construction contracts.

The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into, and the consequences that may ensue if this is not done, makes The Application of Contracts in Engineering and Construction Projects essential reading for construction professionals, lawyers and students of construction law.

Global Challenges Shared Solutions

Dr Donald Charrett (Editor)

2013 Informa Law by Routledge       429 Pages

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The theme Global challenges, shared solutions was chosen for the Fourth International Construction Law Conference to encapsulate the idea that, despite the differences between jurisdictions, and between the common law and civil law, the underlying principles of construction law are essentially the same around the world. Thus, the lessons learned from different approaches in other countries are of real interest and have application in other jurisdictions and systems. The papers in this book were written and presented by eminent international construction law practitioners, and have continuing value
as a reference on the international practice of construction law. This book of the papers presented at the international conference in Melbourne, Australia in May 2012 was prepared to ensure that the work of the learned authors is available to a wider audience than those who attended the conference.

 

The book can be ordered from the Society of Construction Law Australia as an e-book, or in “print on demand” hard copy format (hard or soft cover): http://www.scl.org.au/ebook.php

Book review in Construction Law International

Book review in Australian Construction Law News


Practical Guide to Engineering and Construction Contracts (2009)

Philip Loots & Dr Donald Charrett

458 Pages, published by CCH Australia

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This book is intended to provide a concise but accurate guide to the law relating to construction contracts in Australia as at 2009. It is intended for the use of engineers (and others) who are involved in the negotiation and administration of construction contracts, to enable them to understand the risks involved, and how to minimise them. The principles of construction law outlined in this book apply to small construction contracts as well as very large contracts for which the contract sum may be in the billions of dollars. It is not intended to cover every relevant topic in detail, as there are already comprehensive and well-regarded books on construction law in Australia and for the common law world. Accordingly a list of references is provided for those readers who require more in-depth information on specific topics.

The focus of this book is on construction contracts entered into by commercial organisations operating in a business environment. The law generally assumes that such parties are of equal bargaining power, and puts relatively few fetters on their ability to agree on the terms of their bargain. Accordingly, the legislation impacting on construction contracts is (relatively) circumscribed, but where it is relevant, it may be of major importance.

 This book does not attempt to address the particular features of construction contracts related to building works on domestic housing for individual consumers. It should be noted that most Australian jurisdictions have specific legislation that regulates domestic building contracts, intended to provide consumer protection for individuals who may not be familiar with construction, and who may have limited bargaining power to negotiate appropriate contract terms with the building and professional contractors who execute the building work. Consequently there is considerably more statutory intervention into freedom of contract in domestic building contracts than in other types of construction contracts.

 The book can be ordered in hard-copy or as an e-book from CCH: http://www.cchbooks.com.au/practical-guide-to-engineering-and-construction-contracts/

Book review in Construction Law International 

Book review in Australian Construction Law News

Book review in International Construction Law Review

Book review in Engineers Australia Journal 

Book review in Buildlaw 

Book review in Consult Australia National Outlook 

Book review in Australasian Journal of Construction Economics and Building

 


 

Construction Law and Related Issues (1995)

Phillip Loots

1213 Pages, published by Juta & Co, Cape Town, South Africa

Professor Fred Hugo (Pr Eng)  President of the South African Institution of Civil Engineers

“At a time when information technology is progressing at an alarming rate, financial resources are scarce, and the engineering world has become very complex, it is of great importance to provide an authoritative and comprehensive source to which users from all disciplines and spheres of the industry can refer to obtain information. It is only through the collective thoughts and efforts of expert academics and practitioners on a wide array of topics that it becomes feasible to encapsulate such information. Ways and means have to be found to enhance the execution of contracts and to improve the relationships between the parties involved in construction. I believe that this book will serve this purpose.

It is interesting that this book covers a very broad field of topics relevant to the construction process and deals with the most recent important developments in the industry to the benefit of all parties concerned.

It therefore gives me great pleasure to recommend this work to all who are in the business of construction engineering and project management with the hope that it will serve as a stepping stone in the quest for excellence in construction.”

The Hon JJ Trengove  Former Judge of Appeal

“I fully endorse the views expressed by Prof Fred Hugo in his forward. The author and his contributors deal very thoroughly and comprehensively with almost every facet of the law relating to engineering and construction contracts. I have little doubt that lawyers, engineers, contractors, and arbitrators will find this book to be a most useful and informative guide and reference book on a sometimes complex but always interesting subject.”

 JM Steyn Laubscher (Pr Eng)  International Federation of Consulting Engineers (FIDIC) Executive Committee

“There can be little doubt that the construction industry is prone to conflict and dispute. The position of the contracting parties relative to one another and the use of specialists and professionals, both by the employer and the contractor, all contribute to this situation. When one adds to this the fact that all design is, to a greater or lesser extent, an art form, and can thus be looked at somewhat subjectively, the probability of disputes arising on major construction projects is very real.

It is unfortunately also true that the need to educate the parties to a construction contract in matters of law is not adequately appreciated by many tertiary education institutions. I have therefore readily accepted the invitation extended by Philip Loots to add a few words to his book by way of introduction.

Here for the first time is a comprehensive work which covers all the aspects of law applicable to the industry. The Engineering Counsel’s 10 point code of professional practice on risk issues includes: ‘law: know about and comply with the law’ and ‘keep yourself up to date with the substance and intent of the legal and regulatory framework that applies to your work’. The importance of this aspect of risk management cannot be overemphasised.

Mr Loots’ book deals comprehensively with a wide variety of subjects that are relevant to and allied with the industry as a whole, and he is to be complimented for dealing so effectively with such a daunting task.

It is a textbook which should become compulsory reading for all who are in the construction industry.”


 

Engineering and Construction Law (1987)

Phillip Loots

431 Pages –  published by Juta & Co, Cape Town, South Africa