Browsing Journal of Legal Affairs and Dispute Resolution in Engineering and Construction by Issue Date
Now showing items 1-20 of 662
-
Incorporating Social Benefits in Concession Price Negotiation for Public–Private Partnership Contracts
(ASCE, 10/25/2022)Public–private partnership (PPP) has become the most popular contract agreement form for infrastructure projects. To fully enjoy the benefits of PPP contracting, the value of the concession price should be carefully ... -
Adoption of Integrated Project Delivery Practices for Superior Project Performance
(ASCE, 11/1/2020 )This case study investigates whether the adoption of practices related to integrated project delivery (IPD) process may bring about better performance of construction projects in Singapore. Data were collected using a ... -
River Water Project Disputes and Their Implications
(ASCE, 11/1/2020 )River water projects are easily susceptible to interstate or intercountry disputes, because water is a fundamental resource for life. However, limited studies have reported on transboundary river water disputes. Moreover, ... -
Noncompliance of Fixed Tariffs for Architectural and Engineering Services with European Law
(ASCE, 11/1/2020 )The German fee system for architectural and engineering construction planning services is characterized by fixed minimum and maximum tariffs. In July 2019, the Court of Justice of the European Union ruled on the noncompliance ... -
Regulatory Adaptation in the Construction Industry: Case Study of the OSHA Update to the Respirable Crystalline Silica Standard
(ASCE, 11/1/2020 )This paper presents a case study of a proposed regulatory future-proofing framework for the construction industry. The update to the crystalline silica standard by the Occupational Safety and Health Administration (OSHA) ... -
Causal Modeling of Disputes in Construction Projects
(ASCE, 11/1/2020 )Construction disputes can be instigated by several factors that are interrelated. Past studies on dispute causal factors mainly focused on examining individual factors without revealing their interdependencies. Thus, this ... -
Influence of Fairness Perceptions on Cooperative Behavior in Construction Arbitration
(ASCE, 11/1/2020 )Construction arbitration is characterized by incessant challenges to its awards. Although these challenges suggest dissatisfaction with the outcomes, the role of perceived fairness in influencing disputants’ cooperative ... -
Enabling Successful Application of PPPs in New (Inexperienced) Markets: Implications of PPPs’ Success and Failure in Toll Roads
(ASCE, 11/1/2020 )Despite previously successfully delivery of toll roads through public-private partnership (PPP), inexperienced (new) markets are more susceptible to failures due to the complexities involved in this approach, which have ... -
Framework to Select Public–Private Partnership Modalities
(ASCE, 11/1/2020 )Worldwide, governments have exploited a range of contractual structures to cope with the change of project characteristics and role of stakeholders in the evolution of the approach to public–private partnerships (PPPs). ... -
Identification and Ranking of Legal Factors Impacting Information Management in the AEC Industry Using the Delphi Method
(ASCE, 11/1/2021)Information management is a critical aspect of project delivery in the architecture, engineering, and construction (AEC) industry. Previous studies have identified legal factors as an integral part of developing and ... -
Sources of Ambiguity in Construction Contract Documents, Reflected by Litigation in Supreme Court Cases
(ASCE, 11/1/2021)A construction contract is a mutually agreed upon and signed document by the contracting parties and plays a significant role in controlling and preventing disputes in a project. This paper’s main objective is to develop ... -
Driver Compliance in Work Zones: Two-Lane Rural Roads versus Freeways
(ASCE, 11/1/2021)Inadequate signage and pavement markings and driver distractions in roadway work zones are contributory high-risk factors for workers and drivers on two-lane rural and multilane freeway facilities. The changes imposed by ... -
Comparison of Mediation Systems in the Construction Industry of Two European Countries
(ASCE, 11/1/2021)The construction process is multistage and usually involves different stakeholders. The stakeholders of this process pursue different goals and implement them by different means, which would predetermine various disputable ... -
Recent Party Wall Disputes
(ASCE, 11/1/2021)For centuries, party walls have been a common construction practice in many countries. In New York City (NYC), they have been used since the 1700s. The city accounts for about 201,000 attached buildings. The historic NYC ... -
Impact of Variation in Estimated Quantity Clauses on Allocating Financial Risks in Measurement Contracts
(ASCE, 11/1/2021)Unit price contracts are awarded to contractors based on estimated quantities of work, while payments to contractors are based on the actual quantities performed. Deviations between such estimated and actual quantities ... -
Variation Negotiation in PPP Toll-Road Projects: Option Approach
(ASCE, 11/1/2021)The literature on public-private partnership (PPP) agreements suggests that variation renegotiation places the public sector authority at a disadvantage, because the authority has to pay extra costs to claim its variation. ... -
BIM for Facilities Management: Potential Legal Issues and Opportunities
(ASCE, 11/1/2021)There is growing awareness and use of building information modeling (BIM) for construction project delivery and operation of facilities. Evidence of successful project delivery with BIM abounds, and large facility owners ... -
Toward Better Applicability of Public Procurement Law: Delay Claims by the Contractor and Limit of Compensation under the Performance Guarantee
(ASCE, 11/1/2021)Contracts between government and private entities are a daily occurrence. The administrative contracts are concluded by selecting the private partner by the public authority, through the means provided by the law such as ...