Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 281-300 of 799
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BIM-Specific Prequalification Criteria in Construction Projects: Exploring the Nature and Timeline of Their Inclusion
(ASCE, 2022-02-24)Building information modeling (BIM) can potentially enhance project visibility, improve productivity, and promote shared understanding among various construction project stakeholders. The benefits of BIM implementation in ... -
Analysis and Overview of a Harbor Molasses Spill
(ASCE, 2022-01-27)Matson Navigation Company had been shipping molasses from Maui to Honolulu Harbor for 30 years, once a week, when in September 2013, 1,400 t of molasses spilled into Honolulu Harbor by way of a corroded pipe. ... -
Facilitative and Evaluative Mediation for the Application of Construction Cases
(ASCE, 2022-02-07)There are a myriad of approaches applying different techniques in the mediation of construction disputes. Different mediators may have developed their own styles of practice. Among others, evaluative and facilitative ... -
Framework for Enhanced Applicability of the Public Procurement Law to International Administrative Construction Contracts
(ASCE, 2022-02-03)Contracts between the government and private entities happen on a daily basis. Administrative contracts are entered into by the selection of the private partner by the public body by means mentioned in law such as tenders ... -
An Analysis of the Demarcation of Construction Projects for Dispute Resolution by Adjudication
(ASCE, 2022-03-11)The Housing Grants, Construction and Regeneration Act 1996 seeks to improve productivity of the UK construction industry by imposing on qualifying construction industry contracts a transparent payment protocol and a right ... -
Disputes in Construction Projects: A Perspective of Project Characteristics
(ASCE, 2022-02-14)Over the decades, the construction industry has been experiencing disputes in different project contexts. For example, disputes are more prevalent in traditionally procured projects and in projects with a complex nature ... -
Differing Site Conditions: Clarifying Misunderstandings to Reduce Costly Litigation
(ASCE, 2022-01-10)The differing site conditions (DSC) clause, commonly known as changed conditions, is one of the most frequently litigated clauses in construction contracts. It is well established that the purpose of a DSC clause is to ... -
Municipal Greenhouse Gas Emission Reduction Targets: The Role of Building Energy Regulations and Laws
(ASCE, 2022-01-03)Buildings are the single largest user of energy in the US and can account for 50%–75% of carbon emissions in large cities. Adopting effective regulations for encouraging more energy-efficient buildings is therefore paramount. ... -
Risk Factors in Dedicated Freight Corridor and Mass Rapid-Transit Metro Rail Infrastructure Projects
(ASCE, 2021-12-28)Rail infrastructure projects are complex and capital intensive and involve an array of stakeholders. As a result, proper risk management in these projects is crucial for their successful completion. In developing countries ... -
Cost Control of Arbitration in Construction Projects
(ASCE, 2022-01-31)Arbitration has been the alternative dispute resolution to litigation in many contractual agreements and among many construction projects. It was promoted as a better alternative dispute resolution method to the litigation ... -
Inferences from Building Reconciliation Law to Control Building Violations
(ASCE, 2022-01-19)Informal urban sprawl and building violations, including height increase and changing building use, have led to agricultural land loss and pressure on infrastructure in the Nile Delta region. Accordingly, the reconciliation ... -
Administering Change Orders in Highway Projects
(ASCE, 2021-12-28)Change orders continue to be one of the main challenges faced by the construction industry. Despite many previous research efforts related to managing change orders in the construction industry, there is still a lack of ... -
Proper Risk Allocation: Force Majeure Clause
(ASCE, 2021-12-03)The negative impact on time and cost of unforeseeable events or circumstances far beyond the control of construction project parties may be a chronic risk on the project, the relationship of the parties, and/or each party’s ... -
Regulatory Framework around Data Governance and External Benchmarking
(ASCE, 2022-02-14)Regulatory compliance is a set of formal requirements, and lack of clarity on regulations can lead to significant legal and ethical consequences pertaining to collection, storage, or sharing of data among organizations. ... -
Evaluation of Biases in Construction Project Dispute Resolution: Case Study
(ASCE, 2021-12-14)Construction projects have become complex; therefore, their hierarchy is becoming increasingly complicated, and the level of disputes is more serious. The success of construction projects depends on the coordinated efforts ... -
Exploratory Analysis of Human-, Organizational-, and Project-Based Reworks: Challenges and Strategies
(ASCE, 2021-11-23)Reworks are unavoidable during the design and construction phases of construction projects and significantly increase the time and cost required to complete projects. Several studies have been conducted to determine how ... -
Cost, Change Order, and Schedule Performance of Highway Projects
(ASCE, 2021-11-23)Costs, change orders, and schedule performances of highway projects built using the design-bid-build (DBB) method by state departments of transportation have been tracked for more than five decades. As technology improves, ... -
Proposed Amendments to EAL Procedures in Construction
(ASCE, 2021-11-30)There is a growing demand for arbitration as a method of settling disputes in engineering cases. This study’s primary advantage is to contrast British and Egyptian arbitration proceedings in construction and to recommend ... -
Framework for the Successful Implementation of Dispute Boards in Construction Projects
(ASCE, 2021-12-03)As disputes became imminent in the construction industry and parties tend to value prevention techniques and amicable settlements rather than binding decisions, dispute boards became handier and more desirable due to their ... -
Investigating the Relationship between Reworks and Contractual Claims: The Salience of Contract Conditions
(ASCE, 2021-11-24)Statistics show a high rate of contractual claims in construction projects, impacting the construction industry’s progress negatively. Rework is one of the main underlying factors that generate contractual claims. Rework ...