Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 461-480 of 799
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Proposed Framework for the Rendering of Construction Contract Document Interpretations by Engineering Professionals
(American Society of Civil Engineers, 2019)Construction contract administrators are often required to make interpretations and, subsequently, give instructions as to what the contract documents are meant to prescribe. When such interpretations are challenged, other ... -
Liability Exposure and Indemnity for Architecture and Engineering Professionals Acting as Independent Consultants or Design Subcontractors
(American Society of Civil Engineers, 2019)Given the multiple approaches currently used by owners for the procurement of construction projects, design professionals end up undertaking their design and other related services either as independent consultants appointed ... -
Identification and Categorization of Policy and Legal Barriers to Long-Term Timely Postdisaster Reconstruction
(American Society of Civil Engineers, 2019)Some communities are able to return to a normal state quickly after a disaster; however, the causes of delays in the postdisaster recovery phase remain an important concern. Policy and legal barriers are fundamental causes ... -
Contractual Implications of Environmental Compliance Requirements in Construction Projects
(American Society of Civil Engineers, 2019)Environmental compliance requirements are becoming more important in today’s construction industry due to the increasing number of environmental regulations imposed on many projects as well as the encroachment of various ... -
Development of Prediction Models for Claim Cause Analyses in Highway Projects
(American Society of Civil Engineers, 2019)India has the second largest road network in the world at 4.5 million km, and still, the government plans to develop a further 66,117 km of roads in the near future. Recently, out of 1,263 road infrastructure ... -
Change Orders on Road Maintenance Contracts: Causes and Preventive Measures
(American Society of Civil Engineers, 2019)A Delphi study was conducted with maintenance engineers of state DOTs in the United States to identify the causes and preventive measures of change orders (COs) in road maintenance projects. Five road maintenance activities ... -
Requirements and Practices of Underground Construction Activities: Review of Recently Updated Act
(American Society of Civil Engineers, 2019)The Underground Utility Safety and Damage Prevention Act, hereinafter referred to as the Act, was created in the state of North Carolina to protect citizens, workers, and underground utilities from the inherent dangers ... -
Litigation Proneness of Dispute Resolution Clauses in Construction Contracts
(American Society of Civil Engineers, 2019)Disputes are a common occurrence between parties to construction contracts all over the world. Disputes affect project progress and strains relationship among parties to a contract. Dispute resolution (DR) clauses are ... -
Paradox of Bias and Impartiality in Facilitating Construction Dispute Resolution
(American Society of Civil Engineers, 2019)Construction contracts are inevitably incomplete due to the impossibility of foreseeing all future contingencies that may necessitate reallocation of duties and thus renegotiation of contract terms. Moreover, adjustments ... -
Case Study on Home Office Overhead Claims
(American Society of Civil Engineers, 2019)Time and cost overruns impact the parties to a contract, and often the starting point of disputes and disagreements are associated with likely damages caused by delays. The most contentious aspect related to projects getting ... -
Premature Start Impact Analysis Tool: Preventing Unintended Construction Interruptions and Associated Impacts
(American Society of Civil Engineers, 2019)Construction projects often face pressure, from either the owner or contractor, to begin early mobilization of construction. This is due to the fact that nearly every project in the construction industry stands to benefit ... -
Delay Analysis Methodologies Used by Engineering and Construction Firms in Egypt
(American Society of Civil Engineers, 2019)Delays are common on projects of all types, sizes, and locations. A full understanding of the impact of a delay and its consequences for various contracting parties is required as part of a proper contract administration ... -
Delay Analysis Methodologies Used by Engineering and Construction Firms in Egypt
(American Society of Civil Engineers, 2019)Delays are common on projects of all types, sizes, and locations. A full understanding of the impact of a delay and its consequences for various contracting parties is required as part of a proper contract administration ... -
Premature Start Impact Analysis Tool: Preventing Unintended Construction Interruptions and Associated Impacts
(American Society of Civil Engineers, 2019)Construction projects often face pressure, from either the owner or contractor, to begin early mobilization of construction. This is due to the fact that nearly every project in the construction industry stands to benefit ... -
Case Study on Home Office Overhead Claims
(American Society of Civil Engineers, 2019)Time and cost overruns impact the parties to a contract, and often the starting point of disputes and disagreements are associated with likely damages caused by delays. The most contentious aspect related to projects getting ... -
Managing and Resolving Disputes in Green Construction
(American Society of Civil Engineers, 2019) -
Effectiveness of Arbitration in Contractual Disputes: Tension between Procedural Efficiency and Award Quality
(American Society of Civil Engineers, 2019)The concept of arbitral effectiveness remains an active subject of debate in academia and industry. Despite concerted efforts aimed at enhancing its effectiveness, construction arbitration remains ineffective because much ... -
Root Cause Analysis of the Most Frequent Claims in the Building Industry through the SCoP<sub>3</sub>E Ishikawa Diagram
(American Society of Civil Engineers, 2019)If the expectations of the project parties are not met, costly legal claims can ensue. Claims are unpredictable, so identifying the most common claims from past experiences and their root-causes could be a sound policy for ... -
How Apology Incentivizes Construction Dispute Settlement
(American Society of Civil Engineers, 2019)Apology legislations have been enacted in many countries to protect an apology offeror from being considered to have made an admission of responsibility. The Hong Kong Apology Ordinance came into effect in July 2017. One ... -
State-of-the-Practice for Liquidated Damages, Incentive/Disincentive, and Road User Cost Provisions on High-Value Transportation Projects
(American Society of Civil Engineers, 2019)Construction, rehabilitation, and maintenance of roads, highways, and bridges are necessary activities for social and economic growth in the United States. Highway construction often requires disruption of traffic due to ...