Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 101-120 of 696
-
Design Quality Audits: A Design-Build Claims Avoidance Tool
(ASCE, 2024/02/01)Design-build (DB) contracts transfer the responsibility for design quality control to the design-builder. Hence, the owner’s role becomes one of quality oversight and its involvement in the technical review of design ... -
Effect of Ruling Decision on the Outcome of Construction Litigation Cases
(ASCE, 2024/02/01)Parties involved in architecture, engineering, and construction (AEC) have an interest in understanding litigation trends. The AEC community is eager to find ways to prevent or mitigate litigation. There are multiple ways ... -
Analysis of Sources of Claims in Residential Real Estate Asset Delivery
(ASCE, 2024/02/01)Residential real estate sector in India plays a pivotal role in supplying living accommodation to meet the ever-rising demand for housing. In the Indian context, the growth in housing supply has always lagged behind the ... -
Conceptual Cross-Theoretical Assessment Model for Practitioners’ Compliance Behavior with Building Energy Codes
(ASCE, 2024/02/01)Recent studies indicate that issues in compliance with building energy codes (BEC) are closely linked to practitioner’s varying compliance behavior, which jeopardizes BEC’s effectiveness and low-carbon target. Compliance ... -
An Owner’s Overview of Contractor’s Models for Unbalanced Bidding: Easing the Controversy over This Practice
(ASCE, 2024/02/01)Contractors bidding on unit price contracts frequently utilize unbalanced bidding, particularly for public construction projects. Contractors’ use of unbalanced bids takes various forms and occurs at differing degrees to ... -
Exploring the Impact of the Integrity Climate on Integrity Violations in Public Procurement: A Partial Least Square Structural Equation Modeling Approach
(ASCE, 2024/02/01)The increasing volumes of public procurement have a concomitant challenge of corruption. This study widens the discussion on corruption by incorporating the various morphologies of integrity transgressions. Literature ... -
A Legitimate Alternative for Unbalanced Bidding in Unit Price Contracts
(ASCE, 2023/11/01)Unit-price contracts are common in public construction projects. Such contracts expose contractors to economic risks due to deviations between owner-estimated quantities and actual quantities of work. Contractors typically ... -
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 ... -
Exploring the Contractual Arrangements Associated with the Adoption of the Modern Methods of Construction in the United Kingdom
(ASCE, 6/22/2023 )The challenges imposed by the construction industry have, for decades, pressured research and practice to consider the adoption of innovations as means of constructive change. An increasingly emerging technique of construction ... -
Correlation and Causation in Construction Claims
(ASCE, 6/7/2023 1)In construction claims, in order to prevail, contractors must establish entitlement, causation, and quantum. Though all these aspects can be very challenging, proof of causation often is subtle and intangible. There is no ... -
Game Theory Approach to Decision-Making Analysis of Dispute Resolution
(ASCE, 7/11/2023 )The issues of disputes in construction projects are unavoidable and result in many conflicts that impact the project’s performance, contribute to project cost overruns, and may lead to several delays in the project’s ... -
The Finality Principle in Arbitration: A Historical Exploration
(ASCE, 7/3/2023 1)South Africa maintains a robust pro-arbitration policy which emphasizes the principle of finality. Despite the fact that this principle is well advocated in construction, engineering, and other aligned sector arbitration ... -
Exploring Economic Impacts of Sustainable Construction Projects on Stakeholders: The Role of Integrated Project Delivery
(ASCE, 5/11/2023 )Climate urgency has driven sustainability and the circular economy into the agenda of the construction industry. Despite growing efforts to promote sustainability, there is still a lack of a widespread implementation of ... -
The Articulation and Current Practices of Liquidated Damages in Standard Specifications for Highways
(ASCE, 6/19/2023 )Delayed delivery of highway infrastructure could financially hurt businesses that rely on such facilities, disrupt the public commute, and increase road user costs. For these reasons, state highway agencies (SHAs) tend to ... -
Time of the Essence in Building Contracts
(ASCE, 12/19/2022)This study examined the doctrine of time of the essence and how the UK courts interpret it in the sphere of building contracts. In a wide sample of cases heard before the UK courts, this study looked at the literal and ... -
Improving the Safety of Megaconstruction Projects
(ASCE, 5/27/2023 )Megaconstruction projects (MCPs) have many beneficial impacts on urban development, such as the creation of infrastructure for other industries, economic development, and employment generation. Global spending on MCPs ... -
Investigating the Critical Success Factors of Claims Management in Construction Contracts
(ASCE, 12/30/2022)Claims management is an essential process aiming to avoid, mitigate, evaluate, and handle claims that may arise for various reasons. Claims usually bring up a considerable cost burden and can be disruptive, often resulting ... -
Public–Private Partnership Highway Projects: Identifying Project Selection Factors
(ASCE, 11/15/2022)Among various project delivery methods, there is a growing tendency to deliver transportation infrastructure projects, particularly highway projects, through public–private partnerships (PPPs). This necessitates further ... -
Identification of Geotechnical-Related Factors Impacting Cost, Schedule, and Claims on Roadway Construction Projects
(ASCE, 8/31/2023 )In construction projects, changes are inevitable and impact cost, schedule, and claims. There are limited studies on geotechnical investigations of factors affecting cost, schedule, and claim increases on the US roadway ... -
Implementing Progressive Design Build: Enabling Legislation May Not Be Required
(ASCE, 7/25/2023 )State-level legislation authorizing the use of alternative delivery is as diverse as the nation itself, and this paper reports on a benchmarking study aimed at identifying the content of the state statutes under which ...