Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 361-380 of 799
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Role of Blockchain-Enabled Smart Contracts in Automating Construction Progress Payments
(ASCE, 2/1/2021)The construction industry has long been plagued with late and nonpayments. Despite the desired benefits of payment automation and today’s increased access to digitized progress data, too often payment applications still ... -
Control Focus in Standard Forms: An Assessment through Text Mining and NLP
(ASCE, 2/1/2021)Construction projects are prone to disputes that are predominately caused by the failure of parties to keep their contractual obligations, and, if not resolved, may spiral into complex legal issues that may take years to ... -
Integrated Probabilistic Delay Analysis Method to Estimate Expected Outcome of Construction Delay Disputes
(ASCE, 2/1/2021)Delays are almost inevitable in construction projects. They can have a devastating effects on the project. Therefore, proper analysis of delays and apportionment of liability is of utmost importance. Parties to construction ... -
Enabling Successful Application of PPPs in New (Inexperienced) Markets: Implications of PPPs’ Success and Failure in Toll Roads
(ASCE, 11/1/2020 )Despite previously successfully delivery of toll roads through public-private partnership (PPP), inexperienced (new) markets are more susceptible to failures due to the complexities involved in this approach, which have ... -
Causal Modeling of Disputes in Construction Projects
(ASCE, 11/1/2020 )Construction disputes can be instigated by several factors that are interrelated. Past studies on dispute causal factors mainly focused on examining individual factors without revealing their interdependencies. Thus, this ... -
Adoption of Integrated Project Delivery Practices for Superior Project Performance
(ASCE, 11/1/2020 )This case study investigates whether the adoption of practices related to integrated project delivery (IPD) process may bring about better performance of construction projects in Singapore. Data were collected using a ... -
Noncompliance of Fixed Tariffs for Architectural and Engineering Services with European Law
(ASCE, 11/1/2020 )The German fee system for architectural and engineering construction planning services is characterized by fixed minimum and maximum tariffs. In July 2019, the Court of Justice of the European Union ruled on the noncompliance ... -
Framework to Select Public–Private Partnership Modalities
(ASCE, 11/1/2020 )Worldwide, governments have exploited a range of contractual structures to cope with the change of project characteristics and role of stakeholders in the evolution of the approach to public–private partnerships (PPPs). ... -
Regulatory Adaptation in the Construction Industry: Case Study of the OSHA Update to the Respirable Crystalline Silica Standard
(ASCE, 11/1/2020 )This paper presents a case study of a proposed regulatory future-proofing framework for the construction industry. The update to the crystalline silica standard by the Occupational Safety and Health Administration (OSHA) ... -
River Water Project Disputes and Their Implications
(ASCE, 11/1/2020 )River water projects are easily susceptible to interstate or intercountry disputes, because water is a fundamental resource for life. However, limited studies have reported on transboundary river water disputes. Moreover, ... -
Influence of Fairness Perceptions on Cooperative Behavior in Construction Arbitration
(ASCE, 11/1/2020 )Construction arbitration is characterized by incessant challenges to its awards. Although these challenges suggest dissatisfaction with the outcomes, the role of perceived fairness in influencing disputants’ cooperative ... -
Design Copyright in Architecture, Engineering, and Construction Industry: Review of History, Pitfalls, and Lessons Learned
(ASCE, 8/1/2020 1)Innovation and technological developments are integral parts of the architecture, engineering, and construction (AEC) industry. While AEC practitioners strive to have unique projects, there is a concern about the unauthorized ... -
Annulment of Arbitral Awards: A New Adoption of the UNCITRAL Model Law’s Legal Framework
(ASCE, 8/1/2020 1)For several years, the United Arab Emirates (UAE), specifically Dubai, has been the heart of arbitration in the Middle East. This position was enhanced by the UAE legislature in May 2018 through the enactment of Federal ... -
Site Civil Issues within Construction Defect Litigation
(ASCE, 8/1/2020 1)Across the United States, increased development continues to lead to an increase in construction defect litigation, particularly for multifamily for-sale projects. This research builds on previous research that identified ... -
Schedule Success Factors in Construction Projects in a War-Affected Region
(ASCE, 8/1/2020 1)The timely completion of public construction projects is an essential consideration from social, economic, and political perspectives. However, the complex socioeconomic and political environments in war-affected countries ... -
Reconstruction Cost Model for Housing Insurance
(ASCE, 8/1/2020 1)Insurance policies are a fundamental risk management tool for the housing market. Climate change and extreme events together with a growing urbanization are increasing the relevance and need for insurance. Every year the ... -
Critical Analysis of Contract Clauses in Road Sector: Case Study
(ASCE, 8/1/2020 1)Construction litigation in the infrastructure sector has long had the potential of locking in investments. The court case in this study finally ended, with the judgment delivered by the high court of Delhi, on March 16, ... -
Floods, Lawsuits, and Water Infrastructure Management
(ASCE, 8/1/2020 1)Climate change and land development are causing more flood damage in the United States, which leads to more litigation. This is a rising concern to USACE, which owns many dams, levees, and river training structures that ...