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Stripping contracts of their legal mystique and jargon, this reference offers essential information on the entire contract administration process. Divided into three sections, this easy-to-use guide covers potential issues from project inception to finish and includes sample contracts as well as an overview of the most recent statutory legislation. Comprehensive and practical, this handbook is an invaluable tool for both practitioners in the construction industry and students across Australia.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Written specifically to help lawyers and non-lawyers brush up on franchise law, this respected publication - now in its fourth edition - is charged with useful definitions, practical tips, and expert advice from experienced franchise law practitioners. This practical guide examines franchise law from a wide-range of experiences and viewpoints. Each chapter is written by two experienced practitioners to provide a well-rounded guide to the fundamentals of franchise law and key issues in the practice, including trademark law; structuring the franchise relationship; disclosure issues; registration; franchise relationship laws; antitrust law; counseling franchisees; and more.
In an age where digital transformation drives business decisions, the traditional sales playbook is being rewritten. "Mastering the Prospect-To-Partner Journey" navigates this evolving landscape, delivering a comprehensive guide that melds timeless sales wisdom with modern strategies and techniques. From first contact to closing the deal, this book offers readers invaluable insights into understanding their customers, leveraging technology, and crafting the perfect pitch. Whether you're a budding sales professional or a seasoned expert looking to stay ahead of the curve, this book is your blueprint for sales excellence. Step into the future of sales, where every prospect can become a lasting partner.
Legal Guide to AIA Documents, Fifth Edition is a current, comprehensive, and practical resource to help you master and use the construction industry contract terms set forth by the various agreements between owners, contractors and architects. This new Fifth Edition delivers complete coverage of the following key AIA Documents AIA Document A101: Standard Form of Agreement between Owner and Contractorand— Stipulated AIA Document A201: General Conditions of the Contract for Construction AIA Document B101: Owner Architect Agreement for Basic Servicesand—Large Projects AIA Document B103: Owner Architect Agreement for Basic Servicesand—X Large Projects AIA Document B104: Standard Form of Agreement between Owner and Architectand—Project of Limited Scope (Medium Projects) Designed to help you draft agreements that best protect your clientsand’ interests in every situation, Legal Guide to AIA Documents, Fifth Edition provides: Accurate and practical clause-by-clause analysisand—enabling you to gain greater understanding of every AIA document provision Invaluable alternate languageand—allowing you to customize agreements to meet the requirements of specific circumstances Guidance you need to negotiate language, clauses and terms in contracts between architects and owners, and owners and contractors. Legal Guide to AIA Documents, Fifth Edition also includes in-depth cross- references to every other important document throughout. The author highlights all the changes from the 1997 forms to the 2007 forms and identifies where issues are most likely to arise as a result of these recent changes.
This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.
