Samenvatting

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Up-to-date, plain-language explanations of legal issues affecting today’s engineers
Law for Professional Engineers: Canadian and Global Insights, Fifth Edition is a general reference text for engineers and for candidates preparing for engineering law exams, as well as for owners, consultants, project managers, and other participants engaged in engineering projects. It features concise, easy-to-understand explanations of many complex legal issues that impact engineers. Continuing the author’s objective to demystify the laws of relevance to engineers, the book touches on a broad range of topics including contracts, professional negligence, international and Canadian dispute resolution alternatives, global issues, limitation periods, business law, employment law, and intellectual property issues. Selected case law examples demonstrate real-world applications of relevant legal principles.
Key updates in the Fifth Edition include:
• New case law from Canada’s Supreme Court relating to honesty and good faith in contracting• New case law from Canada’s Supreme Court that addresses the importance of freedom to contract and limiting potential liability by contract• An update on Ontario’s new Construction Act• An important chapter on the civil law of Quebec

Specificaties

ISBN13:9781260135909

Taal:Engels

Bindwijze:gebonden

Uitgever:McGraw-Hill Education

Druk:5

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Preface 1 The Canadian Legal System Historical Basis The Theory of Precedent The Common Law Legislation Federal and Provincial Powers The Federal and Provincial Court Systems Public and Private Law The Law of Quebec The Rule of Law Basic Terminology 2 Business Organizations Basic Forms The Independence of the Corporate Entity Duration of Partnerships and Corporations Effect of Personal Guarantees Basic Tax Considerations Summation of Exceptions to Salomon Principle The Engineering Corporation The Partnership Agreement Limiting Partnership Liability Limited Liability Partnerships Incorporation Objects “Private” and “Public” Corporations Shareholders, Directors, and Officers Shareholders’ Agreements The Director’s Standard of Care Disclosure of Conflicts The Joint Venture Sample Case Study 3 Global Considerations Introduction Business Organizations in Foreign Jurisdictions Political Risks Foreign Legal Systems Licensing Requirements Financial Risks Contract Forms Global Dispute Resolution Mediation Dispute Resolution Boards The Project Neutral and the Expert Statutory Adjudication International Enforcement of Arbitration Decisions Differences Between Common Law and Civil Law Arbitration Clauses and Governing Law Provisions UNCITRAL Convention on the International Sale of Goods 4 Tort Liability Fundamental Purpose Principles of Tort Law The Engineer’s Standard of Care Development of Tort Law Strict Liability Vicarious Liability Concurrent Tortfeasors Products Liability Standard of Care and Duty to Warn Economic Loss Other Relevant Torts Sample Case Studies 5 Limitation Periods Discoverability The Limitations Act, 2002 (Ontario) 2006 Amendments (Ontario) Other Aspects in Ontario Other Provinces and Territories Sample Case Study 6 Proof The Burden of Proof Engineers as Expert Witnesses 7 Contracts Assignment of Rights Good Faith in Contracting 8 Offer and Acceptance Irrevocable Offers The Option Contract Manner of Communication Timing Governing Law The Battle of the Forms Sample Case Study 9 Intent Mutual Intent Letters of Intent 10 Consideration Consideration Equitable Estoppel Sample Case Study 11 Capacity Minors Mental Incompetence Corporations 12 Legality Contrary to Statute Law Contrary to Common Law Sample Case Study 13 The Statute of Frauds Derivation of Statute Unenforceable Contracts Not Void Desirability of Written Form 14 Misrepresentation, Duress, and Undue Influence Misrepresentation Misrepresentations in Engineering Specifications Duress Economic Duress Undue Influence 15 Mistake Rectification Unilateral Mistake Ron Engineering’s “Contract A” 16 Tendering Issues—Contract A Express and Implied Terms of Contract A The Owner’s Option to Reject All Bids and Start Again Advisability of Legal Advice When Doubts Arise Subcontractors’ Bids—Some Illustrative Cases Potential Liabilities for Engineers and Consultants on Tendering Matters Bid Shopping in Stanco Projects Sample Case Study 17 Contract Interpretation Rule of Contra Proferentem Parol Evidence Rule Implied Terms Study Questions 18 Discharge of Contracts Performance as a Means of Discharge Agreement to Discharge Discharge Pursuant to Express Terms Discharge by Frustration Sample Case Study 19 Breach of Contract Repudiation Remedies Direct and Indirect Damages Duty to Mitigate Penalty Clauses Quantum Meruit Substantial Compliance Specific Performance and Injunction Specific Performance Injunction Study Questions 20 Limiting Liability by Contract Sample Case Study 21 The Agreement Between Client and Engineer The Agency Relationship The Engineer’s Remuneration Estimated Fee Standard-Form Engineering Agreements Limiting Liability by Contract Engineer’s Compliance with the Law Planning and Zoning 22 Concurrent Liability in Tort and Contract 23 The Duty of Honesty 24 Construction Contracts Certificates Fraudulently Prepared Inspection Services The Engineer’s Advice to the Contractor Contract Administration Drawings and Specifications The Tendering Process Types and Forms of Construction Contracts Project Management Prime Contract and Subcontracts Delay and Interference Claims Compliance with Notice Provisions Departures from Traditional Contracting Approaches Similarities Between Canadian and American Construction Industries Study Questions 25 Risks in Construction Project Structuring Contract Forms Contractual Allocation of Risk Project Financing Risk Risk of Concealed or Unknown Conditions Risk of Delays The Risk of Changes in Governing Regulations Construction Safety Risks Dispute Resolution Risks Risk of Proceeding with Changes Without Final Agreement on Price and Time Adjustments Risk Summary Security for Risks The Risk of Unenforceability of Clauses Limiting Liability Risks Relating to Limitation Periods Alliancing Agreement 26 Bonds and International Performance Guarantees Bid Bond Performance Bond Labour and Material-Payment Bond Letters of Credit International Performance Guarantees 27 Subsurface Issues Contractor Responsible for Quantity Estimates Damage to Other Existing Facilities Duty to Disclose Correct Information Methods Dictated by Contract Documents 28 Arbitration and ADR Appointment of Arbitrator Arbitration Statutes New Approaches to Respond to Dispute Resolution Difficulties on Construction Projects Partnering on Infrastructure and Construction Projects Dispute Resolution Boards and Project Neutrals Mediation 29 ADR on International Projects Recognition of the Problem The Consultant’s Conflict Some Examples—Dispute Resolution Boards on Canadian and International Projects 1. The Northumberland Strait Crossing Project 2. The Boston Central Artery Tunnel Project 3. Highway Projects, New Brunswick, Canada Conclusion 30 Lien Legislation Differences in Provincial Lien Acts Ontario’s Transition Provisions Persons Entitled to Lien Rights Rights Against Owner Where No Contract Exists Effect of Lien The Ontario Construction Act The Trust Fund Engineers’ Rights to Lien Claims Lien Statutes 31 The Competition Act Conspiracy Bid-Rigging Trade Associations Abuse of Dominance Misleading Advertising 32 Regulatory Aspects and Ethics Purpose of Legislation Definition of Professional Engineering Professional Engineer’s Seal Partnerships and Corporations Disciplinary Hearings Penalties Certificates of Authorization Overlapping in the Scope of Engineering and Architectural Practices Background to Changes in Ontario Legislation Litigation versus Disciplinary Matters The Code of Ethics 33 Intellectual Property Patents of Invention Definition What May Be Patented Term of Patent Assignment and Licensing of Patent Rights Infringement of Patents Assignment of Patent Right by Employee Engineer Trademarks Definition Licensing Duration of Registration Infringement Passing Off Amendments to the Trade-marks Act Copyright Definition Term of Copyright Registration of Copyright Ownership of Copyright Moral Rights Engineering Plans Industrial Designs Definition Term Assignment Employees Registration Trade Secrets 34 The Law of Quebec Introduction The Civil Code of Quebec Contractual and Extracontractual Liability Interpretation of Contracts Limitation of Liability Force Majeure Disclosure of Trade Secrets Solidarity Remedy for Non-Performance Assessment of Damages Penal Clauses Manufacturer’s Liability The Contract of Enterprise or for Services Presumption of Liability Legal Hypothecs Conclusions 35 Laws Relating to Employment Federal Laws Canada Pension Plan Employment Insurance (Formerly Unemployment Insurance) Employment Equity Provincial Laws Provincial Statutes—Ontario The Employment Standards Act, 2000 The Workplace Safety and Insurance Act, 1997 The Health Insurance Act The Smoke-Free Ontario Act, 2017 The Human Rights Code Accessibility Legislation The Occupational Health and Safety Act The Ontario Labour Relations Act A Commentary and Sample Case Studies for Engineering Law Courses and Examination Programs Commentary Additional Sample Case Studies Sample Tort Cases Sample Contract Law Cases Table of Abbreviations to Case and Statute Citation Table of Cases Index

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