Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 221-240 of 799
-
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 ... -
Publicly Appointed and Sworn Experts in Civil and Structural Engineering: Outdated Role or Key Pillar of the Legal System
(American Society of Civil Engineers, 2023/08/01)In construction conflicts, disputing parties provide a large number of technical documents to the court. Judges, who are deciding the case, have excellent legal skills but normally less technical knowledge. In many ... -
A Sociolegal Analysis of Land Mafia Practices in Construction Projects
(American Society of Civil Engineers, 2023/08/01)The term “land mafia” refers to a group of people who profit from the land law system by committing crimes such as fraud, forgery, and expropriation. This practice has been going on for a long time and has not been completely ... -
Awarding Interest in International Arbitration: Identifying the Issues to be Considered for Coherence and Enforceability
(American Society of Civil Engineers, 2023/08/01)The purpose of this paper is to analyze the legal position regarding awarding interest in international arbitration and identify the issues to be considered by arbitral tribunals. Despite the frequency of interest claims ... -
Critical Factors Affecting the Bid Cost of Building Construction Projects
(American Society of Civil Engineers, 2023/08/01)A cost database is essential for contractors to estimate accurate bid costs, and most contractors use historical cost databases for this purpose. Factors that influence bid cost should be investigated so that they are ... -
Determining Highway Project Contract Time from Project Duration Estimates
(American Society of Civil Engineers, 2023/08/01)Contract time determination (CTD) by state DOTs is critical to a typical design-bid-build project due to its profound impacts on stakeholders in various aspects, such as the actual amount of time allocated to the contractor, ... -
Misrepresentations and Criminal Liability in Project Reporting: A Case Study of the Failed Virgil C. Summer Project
(American Society of Civil Engineers, 2023/08/01)The misreporting of project information during the delivery of construction and engineering aligned projects has received substantial attention in the literature. While such intentional misreporting appears in only a ... -
Project Chief Engineer: An Industry Review of a New Position on Design–Build Teams for Major Transportation Projects
(American Society of Civil Engineers, 2023/08/01)One of the main challenges faced by state DOTs in large and complex design–build (DB) projects is to ensure that the DB team upholds the highest standard of care in making complex engineering decisions involving multidisciplinary ... -
Development of Effectiveness Index for Electronic Ticketing in Highway Construction
(American Society of Civil Engineers, 2023/08/01)Electronic construction (e-Construction) is gaining popularity in the highway construction industry due to worker shortages and resource limitations. Adoption of e-Construction technologies can improve the productivity and ... -
System Dynamics as an Assistive Tool to Delay Analysis in Identifying Productivity Losses
(American Society of Civil Engineers, 2023/08/01)It is well established in the construction literature that change orders have negative impacts on project productivity. Such impacts have been measured through statistical models and data gathered from a large number of ... -
Challenges of Legal Intermediaries in Construction Litigation
(American Society of Civil Engineers, 2023/05/01)Litigation remains the least preferred dispute resolution method because it promotes adversarial relationships between disputants. However, its ability to secure a binding decision has proven its effectiveness in ending ... -
Robustness Analysis of Total Project Cost and Schedule Delay and Overrun Indicators of Heavy Industrial Projects
(American Society of Civil Engineers, 2023/05/01)Barriers such as cost overruns and schedule delays make it challenging to achieve successful project outcomes. Their early detection, however, allows mitigation strategies to be implemented before too much delay has occurred; ... -
A Procedure for Rebalancing Unbalanced Bidding in Unit Price Contracts
(American Society of Civil Engineers, 2023/05/01)Unbalanced pricing in unit price contracts aims at gaining additional benefits for the contractor who utilizes this strategy at the expense of the owner, or obtaining a competitive advantage over other competing bidders ... -
Corruption Risks in Public Construction
(American Society of Civil Engineers, 2023/05/01)Public construction is an important driver of a country’s economy and has an overarching significance in the context of good governance. However, massive financial volumes and complex processes make it highly vulnerable ... -
Assessing the Functionality of Transboundary Water Compacts, Decrees, and Agreements in the United States
(American Society of Civil Engineers, 2023/05/01)As development proceeds, transboundary water conflicts will intensify due to new dams, diversions, and urbanization, as well as climate change and lack of cooperation. Water treaties, compacts, decrees, and agreements will ... -
Unearthing the Difficulties in the Information Management of Disruption Claims
(American Society of Civil Engineers, 2023/05/01)Information about disruption events and their impacts is of vital importance in substantiating and resolving disruption claims. However, difficulties in the management of required information create complexities for ... -
Development of a Framework for Risk Assessment in Building Demolition Works
(American Society of Civil Engineers, 2023/08/01)The demolition process in construction projects is risky and involves many hazards that may lead to several accidents ranging from minor injury to fatality. These hazardous activities impose risk to contractors, employers ... -
Experts Involved in Claims and Disputes Resolution: Mapping and Classification of Engagement Possibilities
(American Society of Civil Engineers, 2023/08/01)The resolution of claims and disputes requires the typical involvement of professionals belonging to the various entities participating in the project construction process, including owners, contract engineers, project ...