Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 421-440 of 799
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Automated Requirements Identification from Construction Contract Documents Using Natural Language Processing
(ASCE, 2020)Contract documents are a critical legal component of a construction project that specify all wishes and expectations of the owner toward the design, construction, and handover of a project. Precise comprehension of the ... -
Improving Concurrency Assessment and Resolving Misconceptions about But-For Delay Analysis Technique
(ASCE, 2020)But-for delay analysis is a popular technique used in practice and accepted by arbitration boards and courts. However, misconceptions are common when the analysis results are interpreted from different parties’ viewpoints. ... -
Disputes in Construction: Evaluation of Contractual Effects of ConsensusDOCS
(ASCE, 2020)The construction industry is notorious for its litigious nature, where disputes among various stakeholders have long been considered the norm. Disputes adversely impact the cost and time of construction projects—two of the ... -
Lessons Learned in Design-Build and Construction-Manager-at-Risk Water and Wastewater Project
(ASCE, 2020)The use of design-build (DB) and construction-manger-at-risk (CMAR) delivery methods have increased significantly in water and wastewater projects. Water and wastewater owners are at the forefront of using these alternative ... -
Identification of Geotechnical-Related Problems Impacting Cost, Schedule, and Claims on Bridge Construction Projects
(ASCE, 2020)Changes made during the construction period generally generate claims, cost overruns, and schedule delays. Although there are publications relating to these concerns, because of geotechnical reasons on transportation ... -
Alternative Dispute Resolution Practices in International Road Construction Contracts
(ASCE, 2020)Disputes are unpleasant, resource consuming, and expensive, but they are inevitable in construction contracts. Dispute resolution practices in Nepal are different from the ones in developed countries. One distinct problem ... -
Explaining Delays in Construction Arbitration: A Process-Control Model Approach
(ASCE, 2020)Persistent delays remain a major concern to many users of construction arbitration. Despite concerted attempts to identify the causes, the existing literature has made little effort toward explaining why these delays occur. ... -
Operational Mechanisms and Effectiveness of Adjudication as a Key Step in Construction Dispute Resolution
(ASCE, 2020)Construction contract conditions that address the administration of claims and disputes are nowadays expected to be designed following a multistep approach. Adjudication, among other alternative dispute resolution (ADR) ... -
Model for Preparing Optimal Contracts to Prevent or Reduce Claims in Projects
(ASCE, 2020)Because the emergence of claims has a significantly negative impact on the success of projects and interested parties’ satisfaction, considerable attempt has been made to resolve such claims. While prevention has always ... -
Using Mediation in Project Disputes Based on Theory of Planned Behavior and Technology Acceptance Model
(ASCE, 2020)The construction industry has been afflicted by various contractual issues. Alternative dispute resolution (ADR) methods such as arbitration, mediation, expert review, and adjudication techniques have been used to resolve ... -
Architect and Engineer’s Spectrum of Engagement under Alternative Delivery Methods: Agreement Negotiation and Formation Implications
(ASCE, 2020)The proliferation of the several alternatives to the traditional design-bid-build (DBB) project delivery method (PDM), coupled with the ever-increasing demand to reach a faster delivery of construction projects, may commonly ... -
Embracing Debiasing in Mediator’s Tactic of Reality Testing
(ASCE, 2020)Biased decisions hinder rational construction dispute negotiations. Successful use of debiasing strategies enhances the efficiency of construction dispute management. Due to the flexibility and popularity of mediation, it ... -
Litigation Risk Detection Using Twitter Data
(ASCE, 2020)Construction projects are notorious for their frequent disputes and costly legal battles. This is particularly true for infrastructure projects, where technical and institutional complexity increases the risks and challenges ... -
Pivotal New Roles and Changes Introduced by the 2017 FIDIC’s Claim and Dispute Resolution Mechanism
(ASCE, 2020)The inevitable nature of claims and disputes in construction projects necessitates effective administration and resolution mechanisms. To this end, mechanisms stipulated in the standard contract forms in use are frequently ... -
Environmental Laws and Their Compliance in Road Projects
(ASCE, 2020)There is a huge gap between the growth and demand of the road and highway sector in India. This sector carries a large percentage of freight and passengers. Before commencement of the project, obtaining environmental ... -
Change Orders and Schedule Performance of Design-Build Infrastructure Projects: Comparison between Highway and Water and Wastewater Projects
(ASCE, 2020)According to previous studies, change orders in general lead to delays in design-bid-build (DBB) projects. However, none of the studies have determined such a relationship in design-build (DB) projects. To address this ... -
Cause and Effect of Conditional Payments Provision to Subcontractors
(ASCE, 2020)Subcontract practices are commonly applied in construction projects when the activities are enormous and require certain subcontractors who specialize in their fields. Subcontractors work for a main contractor under separated ... -
Investigation of the Reasonable Time Computation under Time-at-Large Construction Schedule Disputes
(ASCE, 2020)Construction disputes, stemming from time extension claims, are not uncommon. Such disputes present a specifically challenging dimension when contractors call time on the project to have become at large. More complications ... -
Will Apology Enhance Construction Dispute Settlement?
(ASCE, 2020)The first-ever apology ordinance (AO) was enacted in Hong Kong in 2017. The objective of the AO is to promote and encourage the making of apologies with a view of preventing escalation of disputes and facilitating their ... -
Study of Endowment Effect in Construction Project Dispute Resolution
(ASCE, 2020)Endowment effect (EE) describes the phenomenon that people require more to relinquish items they own than they are willing to pay for the same. This can be explained by the tendency of people to overvalue their belongings, ...