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Construction Law
Construction law is a branch of law that deals with matters relating to building construction, engineering, and related fields. It is in essence an amalgam of contract law, commercial law, planning law, employment law and tort. Construction law covers a wide range of legal issues including contract, negligence, bonds and bonding, guarantees and sureties, liens and other security interests, tendering, construction claims, and related consultancy contracts. Construction law affects many participants in the construction industry, including financial institutions, surveyors, quantity surveyors, architects, carpenters, engineers, construction workers, and planners. Specific practice areas Construction law builds upon general legal principles and methodologies and incorporates the regulatory framework (including security of payment, planning, environmental and building regulations); contract methodologies and selection (including traditional and alternative forms of contracting); ...
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Construction
Construction are processes involved in delivering buildings, infrastructure, industrial facilities, and associated activities through to the end of their life. It typically starts with planning, financing, and design that continues until the asset is built and ready for use. Construction also covers repairs and maintenance work, any works to expand, extend and improve the asset, and its eventual demolition, dismantling or wikt:decommission, decommissioning. The construction industry contributes significantly to many countries' gross domestic products (Gross domestic product, GDP). Global expenditure on construction activities was about $4 trillion in 2012. In 2022, expenditure on the construction industry exceeded $11 trillion a year, equivalent to about 13 percent of global Gross domestic product, GDP. This spending was forecasted to rise to around $14.8 trillion in 2030. The construction industry promotes economic development and brings many non-monetary benefits to many cou ...
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Plan (drawing)
Plans are a set of drawings or two-dimensional diagrams used to describe a place or object, or to communicate building or fabrication instructions. Usually plans are drawn or printed on paper, but they can take the form of a digital file. Plans are used in a range of fields: architecture, urban planning, landscape architecture, mechanical engineering, civil engineering, industrial engineering to systems engineering. The term "plan" may casually be used to refer to a single view, sheet, or drawing in a set of plans. More specifically a plan view is an orthographic projection looking down on the object, such as in a floor plan. Overview Plans are often for technical purposes such as architecture, engineering, or planning. Their purpose in these disciplines is to accurately and unambiguously capture all the geometric features of a site, building, product or component. Plans can also be for presentation or orientation purposes, and are often less detailed versions of the ...
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Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ...
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Building Information Modeling
Building information modeling (BIM) is an approach involving the generation and management of digital representations of the physical and functional characteristics of buildings or other physical assets and facilities. BIM is supported by various tools, processes, technologies and contracts. Building information models (BIMs) are computer files (often but not always in proprietary formats and containing proprietary data) which can be extracted, exchanged or networked to support decision-making regarding a built asset. BIM software is used by individuals, businesses and government agencies who plan, Building design, design, construction, construct, operate and maintain buildings and diverse hard infrastructure, physical infrastructures, such as water, refuse, electricity, gas, communication utilities, roads, railways, bridges, ports and tunnels. The concept of BIM has been in development since the 1970s, but it only became an agreed term in the early 2000s. The development of sta ...
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Planning Permission
Planning permission or building permit refers to the approval needed for construction or expansion (including significant renovation), and sometimes for demolition, in some jurisdictions. House building permits, for example, are subject to building codes. There is also a "plan check" (PLCK) to check compliance with plans for the area, if any. For example, one cannot obtain permission to build a nightclub in an area where it is inappropriate such as a high-density suburb. The criteria for planning permission are a part of urban planning and construction law, and are usually managed by town planners employed by local governments. Failure to obtain a permit can result in fines, penalties, and demolition of unauthorized construction if it cannot be made to meet code. Generally, the new construction must be inspected during construction and after completion to ensure compliance with national, regional, and local building codes. Since building permits usually precede outlays for ...
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Dispute Board
A dispute board (DB), dispute review board (DRB) or dispute adjudication board (DAB) is a forum for dispute resolution, typically comprising three independent and impartial persons selected by the contracting parties. The significant difference between Dispute Review Boards and most other techniques for alternate dispute resolution, potentially accounting for the success of such boards in recent years, is that a Dispute Review Board is appointed at the commencement of a project before any disputes arise and, by undertaking regular visits to the site, is actively involved throughout the project (and possibly any agreed period thereafter). Overview A Dispute Board becomes a part of the project administration and thereby can influence, during the contract period, the performance of the contracting parties. It has 'real-time' value. The idea behind a standing Dispute Resolution Board is that it may be called upon early in the evolution of any dispute which cannot be resolved by the par ...
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Arbitration
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of Commercial law, commercial disputes, particularly in the context of International commerce, international commercial transactions. In certain countries, such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include Class action waiver, a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensu ...
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Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In 2008, some courts required some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and acquisit ...
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Oil And Gas Law In The United States
Oil and gas law in the United States is the area of United States energy law concerning the property law in oil and natural gas, gas under the surface, after its rule of capture, capture, and litigation, statutes, and regulations regarding those rights. Overview The law regulating oil and gas ownership in the US generally differs significantly from laws in Europe; oil and gas are often owned privately in the US as opposed to being owned by the national government as they are in many other countries. Jurisdiction In the United States, U.S., extraction of oil and gas is generally regulated by the individual states through statutes and common law. United States federal law, Federal and United States constitutional law, constitutional law apply as well. Ownership In the United States, oil and gas can be owned by individuals, corporations, LLCs, partnerships, Indian tribes, or by local, state, or federal governments. Oil and gas rights offshore drilling, offshore are owned by ...
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Energy Law
Energy laws govern the use and taxation of energy, both renewable and non-renewable. These laws are the primary authorities (such as caselaw, statutes, rules, regulations and edicts) related to energy. In contrast, energy policy refers to the policy and politics of energy. Energy law includes the legal provision for oil, gasoline, and "extraction taxes." The practice of energy law includes contracts for siting, extraction, licenses for the acquisition and ownership rights in oil and gas both under the soil before discovery and after its capture, and adjudication regarding those rights. Renewable energy law International law There is a growing academic interest in international energy law, including continuing legal education seminars, treatises, law reviews, and graduate courses. In the same line, there has been growing interest on energy-specific issues and their particular relation with international trade and connected organizations like the World Trade Org ...
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Project Finance
Project finance is the long-term financing of infrastructure and industrial projects based upon the projected cash flows of the project rather than the balance sheets of its sponsors. Usually, a project financing structure involves a number of equity investors, known as 'sponsors', and a 'syndicate' of banks or other lending institutions that provide loans to the operation. They are most commonly non-recourse loans, which are secured by the project assets and paid entirely from project cash flow, rather than from the general assets or creditworthiness of the project sponsors, a decision in part supported by financial modeling; see Project finance model. The financing is typically secured by all of the project assets, including the revenue-producing contracts. Project lenders are given a lien on all of these assets and are able to assume control of a project if the project company has difficulties complying with the loan terms. Generally, a special purpose entity is created for ...
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