Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 261-280 of 799
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Emergent Subcontracting Models in the US Construction Industry
(ASCE, 2022/11/01)Prime contracting models for engineering and construction projects are described extensively in the literature, but models between prime contractors and subcontractors are less well known. This study examined the established ... -
Construction Cost and Schedule Impacts Due to COVID-19
(ASCE, 2022/11/01)Construction companies are facing unprecedented challenges in terms of coping with the new circumstances as well as understanding their legal and contractual impacts. Because the COVID-19 pandemic affected all businesses ... -
Role of Case Laws in Claim Management and Contracts
(ASCE, 2022/11/01)There is a long history of court judgments in the construction sector, providing a wealth of knowledge that can guide contract parties in preempting claims and disputes in construction projects. However, knowledge from ... -
Correlating Disadvantaged Business Enterprises Participation with Highway Project Performance
(ASCE, 2022/11/01)The Code of Federal Regulations (CFR) 49 Part 26 discusses the participation of disadvantaged business enterprises (DBEs) on a state department of transportation’s highway, transit, and airport contracts. Any highway or ... -
Liability of Designers to Contractors for Proposal-Related Claims in Design-Build Contracts
(ASCE, 2022/11/01)Design-build (DB) project proposals generally require the designer on the DB team to advance the level of design provided by the owner in the request for proposals (RFP) to a stage where a firm fixed price can be proposed. ... -
Mandating the Continuing Professional Development in Statutory Adjudication: Adjudicators’ Perspectives
(ASCE, 2022/11/01)Statutory adjudication is a swift dispute resolution platform to determine payment disputes within the building and construction industry security of payment legislation. In recent years, Australian courts have been more ... -
Legal and Ethical Concerns of Adopting Digital Solution for Smart Metropolises
(ASCE, 2022/11/01)The advent of technologies has created a need for a system that can provide better management and application of smart technologies in smart cities. The paper attempts to provide a review of legal and ethical considerations ... -
Imminent Reform Needed in Arbitration Law
(ASCE, 2022/11/01)The delays in Cyprus’s judiciary system form an issue highlighted in recent years not only by the public but also by lawyers and judges themselves. Understaffing because of austerity measures and civil procedures that allow ... -
Effects of Contractual Challenges in Building Information Modeling on Successful Implementation
(ASCE, 2022/11/01)Building information modeling (BIM) is a technology and process that creates profound changes in construction methods, directly affecting the optimization of the execution procedure and the methods outlined in construction ... -
Interpreting Contractual Rights to COVID-19 Remedies: An Analysis of Cases
(ASCE, 2022/11/01)The construction industry has been adversely impacted by the COVID-19 pandemic including significant delays on projects and outbreaks of COVID-19 on site. UK legal cases interpreting contractual rights to COVID-19 remedies ... -
Late Payment to Subcontractors in the Construction Industry
(ASCE, 2022/07/05)Late payment is a recurring issue in the United Kingdom construction industry. While the existence of the problem is well known, there is a dearth of quantified evidence on the extent of the problem from a subcontractor ... -
Opportunities and Challenges Created by the United Nations Convention on International Mediation Settlement Agreements
(ASCE, 2022/06/27)In December 2018, the United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation (also known as the Singapore Convention). The key feature of this ... -
Consideration of whether the FIDIC Dispute Adjudication Board’s Decision Should Be Regarded as an Award or as a Mediated Settlement Agreement
(ASCE, 2022/06/23)International construction is a significant element of world trade. In the international construction sector, forms of contract have become necessary and International Federation of Consulting Engineers (FIDIC) forms of ... -
Disputes Settlement of Private Housing Construction Agreements: Contract Management Challenges
(ASCE, 2022/05/27)This research aims to detect the reasons for, challenges to, and methods of settling disputes from private housing construction contracts in the Palestinian Territories (the West Bank) and their consequences in the ... -
Fighting Corruption in Public Works: The Use of Cost Engineering in Criminal Investigation
(ASCE, 2022/05/10)Cost engineering aims to obtain reliable cost and schedule estimates. However, many public works demand additional costs that are considerably higher than the initial cost estimates. In Brazil, this can be partially explained ... -
Identifying Gaps in the Understanding of a Quality Assurance Program in Design–Build Quality Management
(ASCE, 2022/05/03)Major public infrastructure projects have used innovative project delivery, such as design–build (DB) and public–private partnership (P3). As an essential part of a quality assurance program (QAP) for large projects, some ... -
Handling Unbalanced Pricing in Bidding Regulations for Public Construction Projects
(ASCE, 2022-03-30)Unbalanced pricing is a common strategy adopted by contractors who participate in competitive bidding for construction contracts. This strategy exposes owners to several risks, and therefore bidding regulations of a number ... -
Violations of Health Workers’ Labor Rights during the COVID-19 Pandemic
(ASCE, 2022-04-05)The issues of protecting the rights of workers have traditionally been of significant importance in modern labor relations; however, during the spread of COVID-19, they acquired a particular specificity. The lack of a safe ... -
Is the Engineering and Construction Contract Legally Less Competitive than the Red Book in Civil Law Countries?
(ASCE, 2022-03-23)In many construction projects, standard forms of contract are an essential part of the contractual documents. They are preferred by construction parties for the advantages they present including reducing drafting time and ... -
Explaining the Ineffectiveness of Construction Arbitration
(ASCE, 2022-03-10)The ineffectiveness of dispute resolution remains a major concern to many users of construction arbitration. Despite several complaints regarding high costs, delays, and rejected awards, there is no evidence that any studies ...