Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 341-360 of 799
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Role of the Engineer in Construction Contracts under Jordanian Law
(ASCE, 5/1/2021)This article will explore the adequacy of the Jordanian legal system in providing sufficient protection for engineers. The author argues that there are serious obstacles in terms of legal liability of engineers in construction ... -
Legitimacy of the General Duty Clause Citations: Court Cases Review
(ASCE, 5/1/2021)The General Duty Clause, hereinafter referred to as the Clause, was created under the Occupational Safety and Health Act, hereinafter referred to as the Act, in 1970 to protect workers in the absence of the Occupational ... -
Study of the Urmia Lake Dispute Using Incorporation of System Dynamics and Graph Model for Conflict Resolution Approaches
(ASCE, 8/1/2021)The complex and complicated dispute over Urmia Lake is systematically studied in this research using an innovative methodology that incorporates the graph model for conflict resolution (GMCR) and the system dynamics (SD) ... -
Role of Construction Project Documentation for Effective Arbitration Process
(ASCE, 5/1/2021)Among various alternate dispute resolution (ADR) mechanisms, arbitration is one that offers several advantages such as the freedom to select a judge who better understands technicalities of construction; consequently, it ... -
Mapping Datafication in Construction-Worker Safety Research to Minimize Injury-Related Disputes
(ASCE, 5/1/2021)Construction workers are susceptible to work-related injury, which increases the probability of a workers’ compensation claim. But the workers’ compensation claim can cause dispute for several reasons such as whether the ... -
Appropriateness of Fees for Construction Planning Services of Architects and Civil Engineers as a Question of Morality
(ASCE, 5/1/2021)In 2019, the Court of Justice of the European Union made a decision about the noncompliance of fixed minimum and maximum fees for construction planning services of architects and civil engineers in Germany with the European ... -
Explaining Time Performance of Construction Arbitration
(ASCE, 5/1/2021)By referring their disputes to arbitration, users expect a speedy, economical, and satisfactory resolution. While some cases may have achieved these objectives, others have not. It is not uncommon to come across a mix of ... -
Evolving History of Sustainable Project: Exploring Existential Meaning at the Agency Level
(ASCE, 5/1/2021)Under the influence of a philosophical paradigm shift from modernism to late modernism, stakeholder participation in construction projects rose as a structural reformation of the distribution of power and to inhibit the ... -
Suitability and Performance Indicators of Toll Road Delivery Methods
(ASCE, 5/1/2021)Even though no toll road project delivery alternative is perfect in handling the variability of project characteristics, a specific delivery approach is better suited than another based on the specific requirements of a ... -
Public Policy and Projects: Impact of Intranational Jurisdictional Concurrency on Construction Disputes
(ASCE, 5/1/2021)Without conclusive settlement of disputes, uses of public sector infrastructure projects as public policy instruments might risk impeachment. With this in mind, we set out in this study to explore how public policy impacts ... -
Data Digitization to Mitigate Legal Disputes during Reconstruction in Earthquake-Prone Areas
(ASCE, 5/1/2021)Disputes are prevalent on construction projects. This issue is severe in underdeveloped countries like Nepal. In the year 2015, a magnitude 7.8 earthquake killed over 8,000 people and destroyed thousands of buildings there. ... -
BIM-Enabled Streaming of Changes and Potential Claims Induced by Fast-Tracking Design-Build Projects
(ASCE, 2/1/2021)Under contractor-led design-build (DB) projects where fast-tracking is commonly exercised, design information may be incompatibly coordinated and pressured to be released prematurely for construction. This potential ... -
Contractor-Delay Control in Building Projects: Escalation of Strategy from Primary Proactive to Secondary Reactive
(ASCE, 5/1/2021)The building sector in New Zealand is booming and currently very active, with a range of residential and commercial buildings being built in large cities. However, where there are major investments, problems, malfunctions, ... -
Mapping out BIM Contract Conditions by Way of a Comparative Study
(ASCE, 2/1/2021)The Hong Kong Special Administrative Region (HKSAR) government has actively promoted the use of building information modeling (BIM) in its major capital projects. In Hong Kong, BIM is relatively new to employers, consultants, ... -
Subcontracting in Construction and Privity of Contract: Defining the Nexus
(ASCE, 2/1/2021)This article will examine the suitability of the Jordanian legal system in providing sufficient protection in the field of subcontracting in construction contracts. The author argues that there are serious obstacles in ... -
Exploring a Progressive Design-Build Best-Value Delivery Method in Highway Construction
(ASCE, 2/1/2021)Progressive design-build (PDB) is being successfully executed in water and wastewater and airport construction projects. Building on the success in these sectors, highway agencies are judiciously utilizing PDB on a ... -
Determination of Effective Delay-Avoidance Practices in Construction Projects
(ASCE, 2/1/2021)Delay poses a significant issue for the worldwide construction industry and national economies. Numerous research endeavors have been carried out to shed light on the sources of delay, among which some employ statistical ... -
Construction Defects and Disputes in Low-Rise Residential Buildings
(ASCE, 2/1/2021)Across the major cities in Australia, there has been a remarkable increase in population that has yielded a significant boom in the building construction sector. Despite the rigorous process governing building construction ... -
Contract Risk Management: A Comparative Study of Risk Allocation in Exculpatory Clauses and Their Legal Treatment
(ASCE, 2/1/2021)Contracts used in the construction industry allocate numerous risks among the different contracting parties. The clauses of a contract that address risk allocation are often termed exculpatory clauses. Generally, exculpatory ... -
Contractual Guidelines for Substantial Completion under National Design-Build Standard Forms of Contract
(ASCE, 2/1/2021)Many research efforts have promoted robust contract administration practices for the construction industry. Although substantial completion constitutes an important milestone for any construction project, very few studies ...