Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 321-340 of 799
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Variation Negotiation in PPP Toll-Road Projects: Option Approach
(ASCE, 11/1/2021)The literature on public-private partnership (PPP) agreements suggests that variation renegotiation places the public sector authority at a disadvantage, because the authority has to pay extra costs to claim its variation. ... -
Identification and Ranking of Legal Factors Impacting Information Management in the AEC Industry Using the Delphi Method
(ASCE, 11/1/2021)Information management is a critical aspect of project delivery in the architecture, engineering, and construction (AEC) industry. Previous studies have identified legal factors as an integral part of developing and ... -
Comparison of Mediation Systems in the Construction Industry of Two European Countries
(ASCE, 11/1/2021)The construction process is multistage and usually involves different stakeholders. The stakeholders of this process pursue different goals and implement them by different means, which would predetermine various disputable ... -
Modeling with Functions for Cumulative Impact of Changes
(ASCE, 11/1/2021)Industry has recognized that the cumulative impact of changes is a factor that may possibly affect labor productivity. The ripple effect of changes may be impossible to capture in the discrete effects of individual changes. ... -
Multihybrid Dispute Resolution Framework for Projects of Downstream Sector of Petroleum Industry
(ASCE, 11/1/2021)Disputes are inevitable in construction projects, and planning to manage them is considered as a significant problem of project contract management. In this knowledge area of project management, there are two distinguishable ... -
Toward Better Applicability of Public Procurement Law: Delay Claims by the Contractor and Limit of Compensation under the Performance Guarantee
(ASCE, 11/1/2021)Contracts between government and private entities are a daily occurrence. The administrative contracts are concluded by selecting the private partner by the public authority, through the means provided by the law such as ... -
Ontology for Linking Delay Claims with 4D Simulation to Analyze Effects-Causes and Responsibilities
(ASCE, 11/1/2021)Visualizing and analyzing the specifics of delay claims in relation to effects and causes and assigning responsibility are a challenge for attorneys, jurists, and judges. Four-dimensional (4D) simulation can be considered ... -
Pilot Investigation of Underestimates: Likelihood, Severity, and Impact on Productivity
(ASCE, 11/1/2021)Labor productivity is susceptible to many factors, including those related to working conditions, methods, and construction resources. It is not uncommon to see that contractors performed the work in a different manner ... -
Tracking Delay Analysis
(ASCE, 8/1/2021)Delays are a matter of fact in the majority of construction projects; accordingly, the field of forensic planning resulted in numerous delay methods being utilized. Implementing these methods has given rise to the major ... -
Litigation Risk Transfer Mechanisms in Construction Dispute Resolution Process: Cross-Case Analysis
(ASCE, 8/1/2021)Disputes in construction projects are a common phenomenon around the world. The practice of approaching courts to resolve disputes, a risk-seeking behavior of parties in a dispute, is influenced by several factors. The ... -
Environmental Review of Highway Projects Using Planning and Environmental Linkages
(ASCE, 8/1/2021)In addition to statutory requirements for long-range transportation planning, transportation projects funded in part by USDOT are required to undergo environmental review pursuant to the National Environmental Policy Act ... -
Decision-Aid Frameworks for Earned Value Measurement or Assessment by the Construction Contract Engineer
(ASCE, 8/1/2021)Construction project controls is a process that is concerned with attempting to complete the contracted works within the allocated time frame and the preagreed budget, all in accordance with the set quality standards. To ... -
Monitoring Physiological Reactions of Construction Workers in Virtual Environment: Feasibility Study Using Noninvasive Affective Sensors
(ASCE, 8/1/2021)The purpose of this study is to determine the relevance of the physiological sensors in a virtual construction scenario to monitor the laborers’ physiological behaviors to improve the safety level at the site. This research ... -
Explaining the Effectiveness of Construction Arbitration: An Organizational Justice Perspective
(ASCE, 8/1/2021)Arbitration has been touted as one of the best methods of resolving construction disputes, largely due to its perceived speed, cost-effectiveness, and finality of the award. However, studies have shown that arbitration has ... -
Impact of BIM-Related Contract Factors on Project Performance
(ASCE, 8/1/2021)Building information modeling (BIM) implementation is growing in the architecture, engineering, and construction (AEC) industry; however, there is little insight on how contract practices can impact BIM implementation and ... -
Funding and Finance Analysis of Public–Private Partnership Highway Projects: Exploratory Study
(ASCE, 8/1/2021)Public–private partnership (PPP) agreement as a response to funding shortage and population increase has been adopted and employed slowly in the United States with its aging infrastructure. Due to the lack of research on ... -
Estimating Damages from Bid-Rigging in the Construction Industry
(ASCE, 8/1/2021)Bid-rigging is common in many industries, and in recent years we have seen litigation concerning damages from bid-rigging increase with a variety of collusion scandals being disclosed. Several studies have estimated damages ... -
Enhanced Daily Windows Delay-Analysis Technique
(ASCE, 8/1/2021)Forensic schedule analysis is necessary to fairly apportion schedule delays and accelerations among project parties. Although each method in the literature has unique benefits, no single method provides a comprehensive ... -
Robust Decision-Making for Multiparty Renegotiations in Public–Private Partnerships
(ASCE, 8/1/2021)Public–private partnerships (PPPs) increasingly face disputes that have significantly impacted their outcome. These disputes may result in legal actions or renegotiation, which in any case lead to outcomes such as increased ... -
Financial Remedies for Personal Property Damage in Water Main Breaks
(ASCE, 8/1/2021)America’s infrastructure failure in water main breaks has led to personal property damage; in recent years, thousands of homes and businesses have been damaged by flood waters, and property owners are often unsuccessful ...