Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 241-260 of 799
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Contract Documents Defects: Ensuring Contract Drafters Know What They Want and Say It Clearly
(American Society of Civil Engineers, 2023/08/01)Construction contract documents describe the scope of the intended work and serve to legally bind the parties to their defined or implied responsibilities, obligations, rights, duties, and liabilities with respect to the ... -
Protest Denied: A Qualitative Meta-Analysis of Failed Challenges to Government Contracting
(American Society of Civil Engineers, 2023/05/01)Firms interested in doing business with the US federal government, one of the biggest spenders in the world, may have reasons to believe they have been denied fair opportunities to compete for federal government contracts. ... -
A Path to Establishing Delay and Disruption Claims for Contracts Entered into Prior to the Start of the COVID-19 Pandemic
(American Society of Civil Engineers, 2023/05/01)Since early 2020, COVID-19 has had devastating and ongoing health and economic impacts worldwide. The construction industry has not been immune to these impacts. Although construction was generally deemed essential, in ... -
Role of BIM Contract Practices in Stakeholder BIM Implementation on AEC Projects
(American Society of Civil Engineers, 2023/05/01)The growth of building information modeling (BIM) adoption in the architectural, engineering, and construction (AEC) industry has changed project delivery and contract strategies. While there are numerous BIM contract ... -
Avoiding Disputes in PPP Road Contracts: Quantifying Impacts of Increased Allowable Truck Loads
(American Society of Civil Engineers, 2023/05/01)Dealing with changes is one major concern in long-term public-private partnerships (PPP) concessions, especially during the implementation phase, as some changes might lead to disputes between PPP partners and disrupt the ... -
Dispute Classification in Construction Projects Based on Litigation Cases
(American Society of Civil Engineers, 2023/08/01)Disputes in construction projects arise due to failure to address their root causes and lack of procedures for dispute avoidance and mitigation. Courts are facing a growing number of construction-related lawsuits that ... -
Investigating the Impact of Alternative Technical Concepts for Project Delivery of Accelerated Bridge Construction
(American Society of Civil Engineers, 2023/05/01)Accelerated bridge construction (ABC) is an off-site construction approach that reduces construction time, traffic disruption, and safety hazards on construction sites. However, the acceptance of this off-site methodology ... -
Barriers and Recommendations for Right-of-Way Acquisition Process
(American Society of Civil Engineers, 2023/05/01)Right-of-way (ROW) acquisition consumes a large portion of a transportation project’s budget, and it continues to grow more expensive, complicated, and time-consuming for project execution. This paper identifies ROW ... -
Identification of Potential Demolition Hazard Attributes: An Exploratory Factor Analysis Approach
(American Society of Civil Engineers, 2023/05/01)Hazard assessment is a crucial task in demolition projects because of their complex and dynamic nature. Any demolition project involves dangerous activities causing risks to workers and the neighborhood. However, past ... -
Evaluation of Resilience Dimensions on Reconstruction of Highway Infrastructure Projects
(American Society of Civil Engineers, 2023/05/01)The recent increase in the frequency and severity of disasters is adversely affecting transportation infrastructure systems and has far-reaching consequences, because disruptions to the services these systems provide create ... -
The Compatibility of Dispute Resolution with Power Distance in the Construction Industry: A Perspective Based on the Statutory Adjudication Regime
(American Society of Civil Engineers, 2023/05/01)Recognizing the importance of cash flow in construction, the Malaysian government has introduced the Construction Industry Payment and Adjudication Act 2012 (CIPAA), which represents a significant development to improve ... -
Analysis of the Health and Safety Challenges Faced by Construction Workers in Extreme Hot Weather Conditions
(American Society of Civil Engineers, 2023/02/01)The increasing number of extremely hot days globally has made outdoor workers more vulnerable to heat-related illnesses such as heat syncope, heat exhaustion, heat edema, and heat stress. The objective of this article is ... -
Framework for the Application of Blockchain Technology to Delay Analysis
(American Society of Civil Engineers, 2023/05/01)Delay analysis and all its relevant techniques is an eminently sought-after area of study; in fact, delay analysis within the construction industry is currently a field that lies under the umbrella of ongoing progressiveness. ... -
Development of a Proactive Preventive Late Payment and Underpayment Solution Model for the Construction Industry
(American Society of Civil Engineers, 2023/05/01)Payment issues can have a significant impact on construction projects if they are not properly addressed. Proactive preventive measures may help mitigate payment problems and ensure the prompt settlement of interim payment ... -
Building Code Compliance for Off-Site Construction
(American Society of Civil Engineers, 2023/05/01)There are increasing concerns over building code, regulation compliance, and quality assurance issues in adopting off-site construction techniques in the construction industry related to meeting client expectations and ... -
An International Overview of Unbalanced Pricing under Bidding Regulations for Public Construction Projects
(American Society of Civil Engineers, 2023/05/01)Unbalanced pricing in competitive bidding is a source of concern for public authorities responsible for managing the tendering stage of public work projects. This paper studies international laws governing public bidding ... -
Optimism Bias in Bidding: Contractors’ Horizontally Biased Estimating Behavior
(American Society of Civil Engineers, 2023/05/01)In the construction management literature, it is not an ultimately settled matter that optimism bias is one of the undisputed factors or reasons affecting cost underestimation and cost overrun. This study tried to answer ... -
Disputes and Claim Management during the COVID-19 Crisis: The Lessons Learned
(American Society of Civil Engineers, 2023/02/01)The COVID-19 crisis has presented the construction sector with challenges that the world has never seen before. Productivity is down, costs have increased, conflicts and claims are increasing, delays are high, health and ... -
Mitigating Claims and Disputes for Public–Private–Partnership Transportation Projects in the United States
(American Society of Civil Engineers, 2023/08/01)As the construction industry continues to lead the economic growth of many countries, alternative contracting methods have been increasing as a valuable tool to implement on projects. The public–private–partnership (P3) ... -
Clarifying Design Responsibility and Its Risk Allocation in Construction Contracts
(American Society of Civil Engineers, 2023/05/01)Disputes related to responsibility for design defects can cause significant financial costs and delays. Consequently, the allocation of risks pertaining to design responsibility is a hot-button issue in construction. This ...