Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 301-320 of 799
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Studying Construction Claims Due to COVID-19 for Road and Highway Projects
(ASCE, 2021-11-01)The COVID-19 pandemic has had a profound impact on the construction industry, the full extent and scope of which are still being felt and evaluated. These impacts came in many forms; chief among them are the practical and ... -
Key Challenges in Megabridge Design–Build Project Procurement
(ASCE, 2021-10-06)Megabridge projects are those that cost more than $500 million to complete from the planning stages through completion of construction. In the evolving field of transportation design–build (DB) project delivery, it ... -
Cumulative Sustainability Performance Index of Contractors and Consultants: Toward a Prequalification System
(ASCE, 2021-10-04)Delivery of sustainable buildings requires infusing sustainability criteria into project decisions. Hiring a suitable contractor and consultant for the delivery of green buildings is critical to ensuring sustainable ... -
Leveraging the Value of Project Scope Growth through Construction Manager-at-Risk Delivery of Public University Capital Improvement Projects
(ASCE, 2021-11-11)When capital improvement project final costs exceed initial estimates, the overrun is assumed to be an indication of poor performance. However, when a project owner adds scope at any point after the initial estimate, the ... -
Legal Definition of Defects in Construction-Related Areas
(ASCE, 2021-11-27)The article raises the problem of clarity of the definition of a defect used in contractual and noncontractual relations in construction. The definitions were considered in the framework of Russian, Swiss, European, and ... -
Identification of BIM Dimension-Specific Contract Clauses in EPC Turnkey Projects
(ASCE, 2021-10-12)Construction operations are becoming increasingly complex, necessitating a greater need for collaboration. Building information modeling (BIM) aids enhanced project visualization and collaboration. The extant literature ... -
Improving the Management Practices for Right-of-Way Acquisition Process
(ASCE, 2021-09-25)The objective of this project is to identify current management practices developed by various state departments of transportation (DOTs) for right of way (ROW) acquisition and explore possible ways to expedite the process. ... -
Recovering Loss of Productivity under FIDIC Contracts
(ASCE, 2021-09-20)The resolution of claims for loss of productivity can be one of the most controversial and challenging areas in construction projects. The challenges usually come from labor productivity’s susceptibility to many factors, ... -
Lessons Learned in the Use of Dispute Boards to the Settlement of Construction Service Disputes
(ASCE, 2021-10-22)This study examines library research concerning the legal perspective of using dispute boards as an alternative for settling new construction service disputes not regulated in Law Number 30 of 1999 concerning arbitration ... -
Threats to Contractor’s Cash Flow under Remeasured Public Works Contracts
(ASCE, 2021-09-28)Cash flow constitutes the bloodstream for contractors. The contractual conditions along with the legal rules are used to set the expected cash flow and entitlements for the contractor considering the executed contract. ... -
Design Liability under FIDIC Red Book and Some Civil Law Jurisdictions
(ASCE, 2021-10-29)The construction industry has enormous supply and decision-making chains. Disruptions within these chains can have significant adverse impacts on countries’ economies. There are several methodologies for construction project ... -
Violations of Professional Technical Standards: Causes and Lessons Learned
(ASCE, 2021-11-11)This study was based on a database of 195 regulatory violations (N=592) of established rules of construction from 1996 to 2019 in Taiwan, and it sought to explore the potential causality of regulatory violations of ... -
Application of Natural Language Processing to Automatically Identify Exculpatory Clauses in Construction Contracts
(ASCE, 11/1/2021)Construction projects, by their very nature, are capital-intensive and risk-prone. Risk allocation and its management are therefore, integral parts of construction operations. A reasonably drafted contract allocates risk ... -
Developing a Model of Construction Contract Management Competency in a Developing Country: Quantitative Approach
(ASCE, 11/1/2021)In order to effectively carry out contract management activities, contract professionals are required to meet several competencies that are relevant to construction contract management (CCM) practices. However, there has ... -
Sustainability Inclusion in Construction Contracts Index
(ASCE, 11/1/2021)Despite the interest that environmental prudence has garnered worldwide, the construction industry remains behind in incorporating sustainable concepts in construction contracts and contract administration. Some research ... -
BIM for Facilities Management: Potential Legal Issues and Opportunities
(ASCE, 11/1/2021)There is growing awareness and use of building information modeling (BIM) for construction project delivery and operation of facilities. Evidence of successful project delivery with BIM abounds, and large facility owners ... -
Impact of Variation in Estimated Quantity Clauses on Allocating Financial Risks in Measurement Contracts
(ASCE, 11/1/2021)Unit price contracts are awarded to contractors based on estimated quantities of work, while payments to contractors are based on the actual quantities performed. Deviations between such estimated and actual quantities ... -
Sources of Ambiguity in Construction Contract Documents, Reflected by Litigation in Supreme Court Cases
(ASCE, 11/1/2021)A construction contract is a mutually agreed upon and signed document by the contracting parties and plays a significant role in controlling and preventing disputes in a project. This paper’s main objective is to develop ... -
Driver Compliance in Work Zones: Two-Lane Rural Roads versus Freeways
(ASCE, 11/1/2021)Inadequate signage and pavement markings and driver distractions in roadway work zones are contributory high-risk factors for workers and drivers on two-lane rural and multilane freeway facilities. The changes imposed by ... -
Recent Party Wall Disputes
(ASCE, 11/1/2021)For centuries, party walls have been a common construction practice in many countries. In New York City (NYC), they have been used since the 1700s. The city accounts for about 201,000 attached buildings. The historic NYC ...