Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 401-420 of 799
-
Comparative Study of the Application of Public Contract Laws on Construction Projects
(ASCE, 2020)Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services, and construction of public facilities like bridges, infrastructure, and public buildings. A public ... -
Key Challenges to Design Professional Liability in the Design-Build Environment
(ASCE, 2020)In the integrated environment of design-build (DB), design risk is transferred from the owner to the DB team. One significant challenge to DB projects is design liability. This study discusses important challenges related ... -
Decision-Making Governance Platforms for the Progression of Construction Claims and Disputes
(ASCE, 2020)Contractual mechanisms devised for construction claims and disputes administration and tracking nowadays involve multiple gated stages. The progression of claims through such multiple gates is an indication that the ... -
Managing the Risks of Third-Party Sustainability Certification Failures
(ASCE, 2020)The environmental risk levels are on the increase worldwide. As a result, building construction projects have been witnessing a paradigm shift in the way their development plans are approached, with more buildings being ... -
Back-to-Back Relationship under Standard Subcontract Agreements: Comparative Study
(ASCE, 2020)The interactions between the different parties in construction projects are dictated by the contractual terms governing their relationship. The largest portion of construction work is undertaken by subcontractors who execute ... -
Fraud and Abuse Schemes in the Disadvantaged Business Enterprise Program
(ASCE, 2020)The Office of Inspector General has recently investigated many fraud cases in the disadvantaged business enterprise (DBE) program of the USDOT. The DBE program was established by the USDOT in 1983 to provide an equal ... -
Investigation of Legal Issues in Construction-Manager-at-Risk Projects: Case Study of Airport Projects
(ASCE, 2020)The use of alternative project delivery methods has increased significantly in the last decade. In the past, airport projects were designed and constructed using the traditional design-bid-build delivery method. However, ... -
Cash and Claim: Data-Based Inverse Relationships between Liquidity and Claims in the Construction Industry
(ASCE, 2020)The long-held conventional wisdom of the construction industry that a contractor’s financial position affects the development of claims, i.e., the inverse relationship between cash and claims, had not been tested ... -
Contractual Guidelines for Management of Infrastructure Transportation Projects
(ASCE, 2020)Congress recently approved a 5-year $287 billion bill to advance US surface transportation programs. As such, many infrastructure transportation projects are expected to start soon. The construction industry is plagued ... -
Enhanced Roles and Traits of the Engineer in Assessing Claims
(ASCE, 2020)Several standard forms of contract conditions call for a third-party assessment of construction claims, to be normally made at an early stage of the claim evolution process. The names given to such third-party participants ... -
Using the Simplified Acquisition of Base Engineer Requirements in Construction Projects: Contract Administration Guidelines
(ASCE, 2020)The US Air Force (USAF) introduced the Simplified Acquisition of Base Engineer Requirements (SABER) contract to fast-track the time required for both the engineering design and the acquisition process mainly associated ... -
Qualitative Study of Sustainability Policies and Guidelines in the Built Environment
(ASCE, 2020)The uptake of sustainability in the built environment is, to a significant extent, influenced by international and national policies, and regulatory frameworks. However, few studies examine the roles of sustainability ... -
Review and Survey of 4D Simulation Applications in Forensic Investigation of Delay Claims in Construction Projects
(ASCE, 2020)Four-dimensional (4D) simulation is not frequently used in courtrooms because it is considered costly, complex, and risky. The experience in litigation systems reveals that many expert witnesses at present are not familiar ... -
Timing of Liquidated Damages Recovery and Related Liability Issues
(ASCE, 2020)Schedule overruns are persistently observed in the construction industry, and the process of accurately calculating the damages incurred by the injured party is perceived to be burdensome. To overcome that, liquidated ... -
Characteristics of Stipends and Their Value-Adding Potential in Design-Build US Highway Construction
(ASCE, 2020)A best practice tool to enhance design-build best-value procurements is stipends, yet there is very little literature dedicated to this topic. Cited benefits of stipends include incentivizing the level of effort put forth ... -
Legal Perspective on Treatment of Delay Liquidated Damages and Penalty Clauses by Different Jurisdictions: Comparative Analysis
(ASCE, 2020)The treatment of liquidated damages (LD) and penalty clauses depends on the applicable laws under which the contract is construed. Although many attempts have been contemplated to unify the enforceability standards of LD ... -
Framework Development of Performance-Based Striping Maintenance Contracts
(ASCE, 2020)State DOTs have been using traditional contracts with prescriptive specifications to procure road maintenance work. However, performance-based contracts (PBCs) have been used for design-build (DB) projects after the DB ... -
Mock Arbitration as Experiential Legal Education for Construction Management Students
(ASCE, 2020)Construction management (CM) students preparing for a career in the US construction industry require knowledge of legal concepts and construction contract law. The American Council for Construction Education (ACCE), which ... -
Imperfect Information Bargaining Model for Determining Concession Period of PPPs under Revenue Uncertainty
(ASCE, 2020)The concession period is a critical contractual parameters for public-private partnership (PPP) projects whose value can significantly influence the financial interests of project participants. However, it has become a ... -
Project Delivery Methods’ Change-Order Types and Magnitudes Experienced in Highway Construction
(ASCE, 2020)Controlling construction change orders and associated cost growth can be a challenge for highway agencies and is a topic of interest for both practitioners and researchers. Change-order management is particularly crucial ...