Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 441-460 of 799
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Confidentiality Issues with Alternative Technical Concepts during Design-Build Project Procurement
(ASCE, 2020)Research has shown that maintaining confidentiality is critical to creating an environment where competing design-builders feel comfortable disclosing innovative alternative technical concepts (ATCs) during the procurement ... -
Consequences of Quantities Increase under Some Civil Codes and FIDIC Red Book
(ASCE, 2020)The forms of the International Federation of Consulting Engineers (FIDIC) are frequently used in international projects. Numerous construction contracts in the Arab Middle East countries use FIDIC forms because they are ... -
Lessons Learned from Selection of Project Delivery Methods in Highway Projects: The Texas Experience
(ASCE, 2020)The effectiveness of a project delivery method selection depends on distinct characteristics, desired goals, institutional constraints, and the correct allocation of risk. The selection of the appropriate method is a complex ... -
Public Project Construction Manager-at-Risk Contracts: Lessons Learned from a Comparison of Commercial and Infrastructure Projects
(ASCE, 2020)The primary benefits of construction manager-at-risk (CMAR) project delivery are associated with increasing the ultimate constructability of a project by bringing the construction contractor to the project during the design ... -
Challenges of Implementing Progressive Design-Build in Highway Construction Projects
(ASCE, 2020)Progressive design-build (PDB) has been successfully administered and executed in the private, airport, transit, and water/wastewater sectors. Although these sectors have experienced successes with PDB, there is limited ... -
Understanding Extension of Time under Different Standard Design-Build Forms of Contract
(ASCE, 2020)Contractual provisions related to delay and extension of time are often written in difficult language or presented in a scattered manner in construction contracts. This could lead to confusion and misunderstanding by the ... -
Loss of Productivity Analysis Using Project-Specific Curves
(American Society of Civil Engineers, 2019)It is a difficult and challenging task to quantify lost labor productivity in construction claims. Project-specific studies, such as the measured mile analysis, for calculating loss of productivity are generally more ... -
Effect of Change Orders on Cost and Schedule for Small Low-Bid Highway Contracts
(American Society of Civil Engineers, 2019)For design-bid-build (DBB) projects, the assumption is that because the bid cost of the lowest bidder is usually below the estimated cost of the project, change orders during construction will increase. This study collected ... -
Lessons Learned from Progressive Design-Build Implementation on Airport Projects
(American Society of Civil Engineers, 2019)Over the last decade, with legislation changes and increased project complexity, some airports started using progressive design-build (DB) project delivery, a variation of the traditional DB model. This is because it allows ... -
Administration Impairments Resulting from Imbalanced Contract Conditions: Owner Payment Default
(American Society of Civil Engineers, 2019)It is not uncommon that construction contract conditions are found to be drafted in such a way that protects the interest of project owners, and that contractors fail to detect—or succeed in favorably negotiating—such ... -
Strategies and Resources for Government Agencies to Utilize Disadvantaged Business Enterprises in Transportation Design-Build Projects
(American Society of Civil Engineers, 2019)The Disadvantaged Business Enterprise (DBE) Program was established to provide opportunities for businesses owned and controlled by socially and economically disadvantaged individuals, such as minority-owned and women-owned ... -
Influence of Extrinsic Factors on Construction Arbitrators’ Decision Making
(American Society of Civil Engineers, 2019)The occurrence of disputes and adjudication by an arbitrator is a common feature for construction contracts in India. The decision process on a particular case ideally depends on the actual facts and evidence related to ... -
Is a Stormwater Fee a Rain Tax?
(American Society of Civil Engineers, 2019)Activists who oppose local government spending can defeat creative stormwater programs, often by using the slogan “rain tax” to convince the public that the financing plan is a tax increase. Use of fees is part of a general ... -
Comparative Analysis between Distracted Driving Texting Laws and Driver’s Behavior in Construction Work Zones
(American Society of Civil Engineers, 2019)The increased use of smartphones during the last decade has resulted in thousands of crashes per year in the United States and its territories. Drivers’ usage increases are particularly concerning in highway work zones ... -
Impacts of Change Orders on Cost and Schedule Performance and the Correlation with Project Size of DB Building Projects
(American Society of Civil Engineers, 2019)Few studies have been conducted to evaluate change orders in design-build (DB) projects, examining their impacts on cost and schedule performance, and their relationship with project size. This study analyzed cost, schedule, ... -
Knowledge-Transfer Enablers for Successful Construction Joint Ventures
(American Society of Civil Engineers, 2019)International joint ventures (IJVs) are formed to address skills and knowledge deficiencies in executing complex construction projects. Despite many configurations of IJVs, there is still a heavy reliance on overseas ... -
Late Payment and Nonpayment within the Construction Industry: Causes, Effects, and Solutions
(American Society of Civil Engineers, 2019)Small- and medium-sized construction companies in developing countries are most likely to suffer from the increasing global trend of late payment and nonpayment. This study aims to provide a better understanding of the ... -
Application of Natural Language Processing and Text Mining to Identify Patterns in Construction-Defect Litigation Cases
(American Society of Civil Engineers, 2019)Recently, construction-defect litigation has upsurged across the United States. Disputes arise due to a variety of reasons, and result in a range of negative impacts on construction projects, such as increased cost, delay, ... -
Administration of Construction Contract Interim Payments Based on Earned-Value Reduction Techniques
(American Society of Civil Engineers, 2019)Progress payment valuations and certifications represent a core construction contract administration function. If not attended to by the concerned contract administrators in accordance with prescribed provisions and in ... -
Sequencing and Operational Variations of Standard Claim and Dispute Resolution Mechanisms
(American Society of Civil Engineers, 2019)Construction contract conditions play a critical role in the administration and resolution of claims and disputes. In practice, such relevant conditions, including those of the widely adopted standard conditions, are found ...