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civil engineering contracts practice and procedure

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PREFACE:

Some seven years have passed since this book was first published.  During this time th e change in procedure s for the implementation  of projects has been rapid. Attitudes of employers in particular  have also changed, and they now relate to methods of financing  projects, types of contract and the selection of professional  advisers to act in the role of engineer or as design consulting  engineers. 

Durin g this perio d some new standar d forms of contract  have been published and some revised, as have procedures in  arbitration.  It follows that an update of this book was called for. In this  edition we have continued to maintain the traditional approach on  contract procedures adopted on civil engineering projects and  have take n into account the new developments in this field as far  as it is practicabl e in a boo k of this size. 

Th e new coverage includes  comments on th e second edition of th e Civil Engineering Standard  Method of Measurement (CESMM2), the fourth edition of the  FIDIC Conditions of Contract for Works of Civil Engineering  Construction and the latest Institution of Civil Engineers'  Arbitration Procedure.

 Reference has also been made to new  forms of contract that have been published and almost every  chapter of the earlier edition has been revised and updated.  The authors hope that this volume will continue to assist civil  engineers in general and those younger engineers who are aspiring  to obtain professional qualifications .

During the past few decades many aspects of civil engineering projects have become more complicated. Advances in design, in technology and in construction techniques have largely been responsible for this change. This has had a corresponding effect in the contract field to which are added modern-day restraints such as cash flow problems. The two parties to any contract have naturally different objectives: th e employer seeks value for money; the contractor has t o ensure profitability. The engineer as the independent professional civil engineer has to act as the technical expert and at the same time as administrator and arbiter, as it were, for the execution of the contract.

 For the reasons given, the engineer's task has tended to become more onerous as time passes; the changes in modern conditions of contract, lessening both the contract risk (q.v.) and the power of the engineer have also increased the complexity and difficulty of the engineer's work; moreover, his level of responsibility remains sensibly similar over this period. The foregoing has led to an ever-increasing need for further education in contract matters. In the UK the Institution of Civil Engineers has recognized the requiremen t with an examination in Civil Engineering Law and Contract Procedure: 

the object of the qualification is t o equip the better those in th e profession as their responsibilities increase, as well as those wishing t o qualify later as arbitrators. Th e authors hop e this volume will assist civil engineers in general and those preparing for the additional qualification. Much of the text has been taken from lectures given on contract procedure for the foregoing qualification.


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