Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
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EISSN:1943-4170|ISSN:1943-4162|Disc:The Journal of Legal Affairs and Dispute Resolution in Engineering and Construction adheres to the same submission guidelines used by other ASCE journals, with some content and style policies tailored to accommodate the specific subject matter. Click here for details. The mission of the Journal is to serve as the technical reference and resource for construction lawyers engaged in public and private practice, as well as for design engineers, construction engineers, and executives responsible for successful project administration. The Journal provides thought-provoking discussions and insight into the legal relationships arising out of the changing nature of project delivery systems, dispute avoidance and resolution, sustainability concerns, and effective project execution. The Journal will focus on legal issues, aim to increase the attention given to legal systems during engineering and construction practice, and seek excellence in the application of legal resources for the success of engineering and construction projects. The Journal accepts papers and articles spanning legal issues and litigation pertaining to all areas of engineering and construction, including contract law and interpretation; professional liability and negligence; public bidding law and regulation; negotiation, mediation, arbitration, and alternative dispute-resolution systems; tort and insurance law; workers' compensation; environmental law and compliance; sustainability and climate change; acts and statutes governing design and construction of public or private projects; state and federal hazardous waste law; maritime, coastal, and ocean law; real estate development and construction law; product liability; labor and employment law; administrative law; government contracts; corporate and bankruptcy law and regulation; claims analysis, defense, and litigation; intellectual property law; land-use law; ADA and OSHA compliance law and regulations; ethical violations giving rise to liability; and the teaching of law to engineers and construction managers|Priority:4|Publisher:American Society of Civil Engineers|
Recent Submissions
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Legal Risk Mitigation in Hydrogen Pipeline Transport through Corrective Action Order Analysis
(American Society of Civil Engineers, 2026)AbstractFederal enforcement is central to ensuring United States (US) pipeline safety and reliability, yet little research has examined how enforcement patterns evolve or reflect regulatory priorities. This study analyzes ... -
Correction Orders and Suspension Terms in Engineering Disciplinary Cases: Arizona and New Mexico
(American Society of Civil Engineers, 2026)AbstractDisciplinary actions in engineering, architecture, and surveying serve both corrective and punitive functions that safeguard public trust while enforcing professional accountability. Among the range of sanctions; ... -
An Examination of Property Ownership Rights: Contractual Restrictions in Construction and Development Projects
(American Society of Civil Engineers, 2026)AbstractWho truly owns a real estate property when contractual restrictions limit the transferee’s rights? In real estate and construction development projects, parties sometimes agree to voluntary contractual limitations ... -
Evaluation of the Construction Industry Payment and Adjudication Act Effectiveness, Challenges, and Doctrinal Influences in Construction Dispute Resolution
(American Society of Civil Engineers, 2026)AbstractPersistent payment issues such as delayed, under, and nonpayment continue to affect project performance, undermine project delivery, and strain financial stability in Malaysian construction industry. The Construction ... -
Challenges Encountered by Contractors in the Practice of Construction Arbitration
(American Society of Civil Engineers, 2026)AbstractArbitration is widely recognized as a prominent dispute resolution mechanism in the construction industry. However, contractors frequently encounter significant challenges when engaging in arbitration proceedings. ... -
Third-Party Funding in Arbitration: A Game Theory Approach to Analyze Its Impact on the Construction Industry
(American Society of Civil Engineers, 2026)AbstractConstruction and engineering arbitration proceedings often require significant costs, which can discourage claimants from pursuing their legitimate and meritorious claims. Therefore, third-party dispute funders ... -
A Comparative Analysis of the Enforceability of Time-Bar Clauses in Construction Contracts under Common Law, Civil Law, and Islamic Law
(American Society of Civil Engineers, 2026)AbstractThe enforceability of time-bar clauses, such as Subclause 20.1 of the FIDIC contracts, is well established in common law but remains a subject of significant debate within Islamic legal systems. These clauses are ... -
Integration of a Natural Language Processing and Project Scheduling Tool for Contractual Delay Risk Identification in a Highway Construction Project Using LLMs
(American Society of Civil Engineers, 2026)AbstractConstruction contracts contain essential information regarding delay clauses. These clauses are associated with improper execution of work in accordance with contractual requirements. Contract documents require ... -
Risk Assessment of Public–Private Partnership Model for Developing Student Housing in Higher-Education Institutions
(American Society of Civil Engineers, 2026)AbstractThe public-private partnership (PPP) model for student housing development remains underutilized in India’s education sector. Student housing has emerged as an attractive investment for the private sector in countries ... -
Price Adjustment Clauses in Highway Construction: State of the Practice
(American Society of Civil Engineers, 2026)AbstractMaterial price volatility creates uncertainty for highway construction projects. This uncertainty complicates bid preparation because suppliers may be unable to guarantee fixed material prices for the project ... -
Intervention by Court in Arbitration Proceedings: Help or Hindrance
(American Society of Civil Engineers, 2026)AbstractSpeedy justice is a fundamental right of every person in a democracy. Cases may be decided or disposed of through a formal, official court system or through unofficial alternative mechanisms such as arbitration, ... -
Blockchain-Enhanced Construction Records: Transforming Evidentiary Standards and Dispute Resolution in International Arbitration
(American Society of Civil Engineers, 2026)AbstractFragmented construction records prolong disputes and erode evidentiary confidence in international arbitration. This paper interrogates whether permissioned-blockchain ledgers can recalibrate that evidentiary ... -
Key Factors and Transmission Mechanisms ofCost Risk in General Engineering ContractingProjects Based on Legal Cases
(American Society of Civil Engineers, 2026)AbstractThe engineering–procurement–construction (EPC) model has been widely adopted in construction practice for its ability to achieve efficient integration and unified coordination across project phases. However, the ... -
Enforcing Sustainability in Construction Law: Legal Fragmentation, Life-Cycle Regulation, and Reform Pathways
(American Society of Civil Engineers, 2026)AbstractThis article critically examines the fragmented legal landscape governing sustainability in the UK construction sector and proposes an integrated enforcement framework aligned with the UN Sustainable Development ... -
Engineer’s Determination under FIDIC Red Book 2017: Navigating Ethical Tensions between Neutrality and Loyalty
(American Society of Civil Engineers, 2026)AbstractSubclause 3.7 of the FIDIC Red Book 2017 directs the engineer to act neutrally when determining claims, while Subclause 3.1 elsewhere deems the engineer the employer’s agent. This institutional duality generates ... -
Unified Framework to Integrate Enterprise Resource Planning Systems, Electronic Tendering, and Smart Contracts in the Construction Industry
(American Society of Civil Engineers, 2026)AbstractConstruction projects are complex and demand advanced digital technologies to enhance automation, transparency, and efficiency. As a result, tools like enterprise resource planning (ERP), smart contracts, and ... -
Critical Factors Influencing the Contract Award Criteria in Public Construction Projects: A Confirmatory Factor Analysis Approach
(American Society of Civil Engineers, 2026)AbstractThe award criteria serve as the cornerstone for procuring authorities to select the optimal bid and award contracts. Award criteria in public construction procurement are twofold which are the bid price criteria ... -
Paving the Way for Sustainable Public Procurement: Integrating Environmental, Social, and Governance Considerations into Public Construction Projects
(American Society of Civil Engineers, 2026)AbstractWith the global commitment to achieving the net zero emissions by 2050, environmental, social, and governance (ESG) considerations are steadily gaining prominence and have become obligatory across various industries. ... -
Managing Trust and Satisfaction to Enhance Loyalty in Avoiding Dispute Construction Contract Conflicts
(American Society of Civil Engineers, 2026)AbstractThe primary objective of this study is to examine the impact of trust and customer satisfaction on enhancing customer loyalty of developer toward apartment contractors in Indonesia, where improving customer loyalty ... -
Review of Termination for Default Provisions in Standard Contract Forms and Drafting, Administrative, and Operational Considerations for Contractors and Owners
(American Society of Civil Engineers, 2026)AbstractA contract termination for default (T-for-D) is a drastic remedy that an owner maintains against a contractor under standard construction contract forms. An owner can default-terminate a contractor based on significant ...