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Understanding & Negotiating Construction Contracts (RSMeans)
 
 
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Understanding & Negotiating Construction Contracts (RSMeans) [Paperback]

Kit Werremeyer (Author)
5.0 out of 5 stars  See all reviews (3 customer reviews)

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Book Description

0876298226 978-0876298220 September 29, 2006 1st
A practical desk reference to help identify and evaluate risky commercial terms and conditions, then negotiate or get help to resolve them. Construction is a complex business. Each project has its own unique physical and commercial considerations. Since there is no such thing as a standard or typical construction project, construction contracts should also not be considered standard. The contractor must carefully manage both in order to have a successful outcome and protect the companys interests and assets. This book will show you how to identify, understand, and evaluate high-risk terms and conditions typically found in construction contracts then negotiate to lower or eliminate the risk, improve terms of payment, and reduce exposure to claims and disputes. You don't have to be a lawyer to understand the risks and to be able to negotiate better and less risky commercial terms and conditions. The author has written this book without using legalese, instead providing real-life examples you can relate to from actual projects from small residential and retail to large commercial, industrial, and international work. This book will help you manage all these elements of the contract: Scope of Work & Schedule Terms of Payment & Cash Flow Assurances of Performance Insurance, Bonding, Indemnity, & Warranties Changes to the Contract Disputes & Their Resolution Damages Termination & Suspension Force Majeure International Contracting

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Customers buy this book with Smith, Currie and Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional $62.70

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Editorial Reviews

From the Back Cover

Understanding & NegotiatingConstruction Contracts

Kit Werremeyer

A Contractor's & Subcontractor's Guide to Protecting Company Assets

A practical desk reference to help identify and evaluate risky commercial terms and conditions, then negotiate or get help to resolve them.

Construction is a complex business. Each project has its own unique physical and commercial considerations. Since there's no such thing as a "standard" or "typical" construction project, construction contracts should not be looked on as standard either. They must be carefully managed in order to have a successful outcome and to protect the company's interests and assets.

This book will show you how to identify, understand, and evaluate high-risk terms and conditions typically found in construction contracts—then negotiate to lower or eliminate the risk, improve terms of payment, and reduce exposure to claims and disputes.

You don't have to be a lawyer to understand the risks and to be able to negotiate better and less risky commercial terms and conditions. The author has written this book without using "legalese," instead providing real-life examples you can relate to from actual projects????—from small residential and retail to large commercial, industrial, and international work.

This book will help you manage all these elements of the contract:

Scope of Work & Schedule

Terms of Payment & Cash Flow

Assurances of Performance

Insurance, Bonding, Indemnity, & Warranties

Changes to the Contract

Disputes & Their Resolution

Damages

Termination & Suspension

Force Majeure

International Contracting

About the Publisher:

RSMeans is the foremost source of construction cost information in North America, with 27 annual cost data products, a nationwide seminar program, and consulting services. Means also offers a library of reference books on construction estimating, project management, and many other topics.

About the Author

owner and president of Southernstar Consultants LLC, of Valrico, Florida, a provider of training in construction contract negotiations and management and other services for U.S. and international engineering and construction companies. He has more than 30 years experience in sales, contracting, claims settlement, dispute resolution, and EPC project development, including work for major companies such as Bechtel, Kellogg Brown & Root, Fluor, J.A. Jones, Black & Veatch, DuPont, Shell Oil, Exxon/Mobil, BP/Amoco/ARCO, and many others.

Product Details

  • Paperback: 250 pages
  • Publisher: RSMeans; 1st edition (September 29, 2006)
  • Language: English
  • ISBN-10: 0876298226
  • ISBN-13: 978-0876298220
  • Product Dimensions: 10.8 x 8.5 x 1 inches
  • Shipping Weight: 2.2 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (3 customer reviews)
  • Amazon Best Sellers Rank: #155,736 in Books (See Top 100 in Books)

More About the Author

40 years experience in the US and international engineering, procurement and construction business for projects in the oil, gas, refining, LNG and power sectors. Currently Owner and President of Southernstar Consultants LLC providing training in construction contracts, sales and marketing process improvement, claims and dispute resolution and assistance with business in South East Asian Countries.

Lived and worked in Singapore for 10 years and Indonesia for 3 years.

Graduate of the University of Illinois at Urbana Champaign with degrees in business and engineering.

Volunteer with SCORE, Counselors to America's Small Business. Providing advice and mentoring to new and existing small businesses. Teach SCORE classes Going Into Business, and, Preparing Your Business Plan.

Author of nine articles related to construction contracting. See website: www.southernstar-consultants.com

 

Customer Reviews

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Most Helpful Customer Reviews

1 of 1 people found the following review helpful:
5.0 out of 5 stars Review of contracts book, April 15, 2008
This review is from: Understanding & Negotiating Construction Contracts (RSMeans) (Paperback)
Book is very well written and easy to understand. No legalese is used. The comments on how to negotiate better terms and conditons in construction contracts make sense for contractors. The chapter on indemnities is especially good for contractors.
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5.0 out of 5 stars Contract language, December 19, 2008
By 
K. Morris (Pennsylvania,USA) - See all my reviews
(REAL NAME)   
This review is from: Understanding & Negotiating Construction Contracts (RSMeans) (Paperback)
This book was very helpful in understanding how my company can negotiate better terms and conditions in contracts. Mr. Werremeyer's examples of contract language found in construction contracts, and the risk associated with such language, were clearly explained. It was nice to have a book like this written in plain English, rather than a lot of legal-type language.
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5.0 out of 5 stars Useful guide for contractors and subcontractors, December 7, 2008
By 
Pancho (Houston, TX USA) - See all my reviews
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This review is from: Understanding & Negotiating Construction Contracts (RSMeans) (Paperback)
Some of the most misunderstood, neglected and dangerous aspects of construction contracts are the risk transfer provisions. Mr. Werremeyer explains them clearly and without jargon, and includes sensible alternate wording which your clients will likely accept. This may very well save your company. We have made parts of this book required reading for our sales personnel training.
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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
additional insured status, performance guaranty, parent company guaranty, required policy limits, geotechnical company, proposed construction contract, onshore contract, payment guaranty, performance guaranties, potential financial liability, negotiating construction contracts, foreign construction project, first written demand, advance payment bond, final waiver, sole negligence, applicable law clause, recitals section, contractual liability insurance, bond wording, contractual liability coverage, convenience clause, indemnity clause, advance waiver, completed operations coverage
Key Phrases - Capitalized Phrases (CAPs): (learn more)
National Construction Company, Wilson Properties, Commercial General Liability, United States, Comprehensive General Liability, Irrevocable Standby Letter of Credit, New York, State of Florida, Material Supply Company, Chase Manhattan Bank, National Street, Contract Number, Foreign Corrupt Practices Act, Southeastern Construction Company Inc, American Construction Company Inc, Certificate of Acceptance, Delivered Duty Paid, Department of Commerce, International Chamber of Commerce, Main Street Number, Master List, Plant Product
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