Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 481-500 of 799
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Civil Law Context for Understanding Employer’s Payment Obligations under Common Law FIDIC
(American Society of Civil Engineers, 2019)The Egypt civil law (ECL) is founded upon the French civil law principles as well as Shari’a law. Yet, most of the major construction projects carried out in the Egyptian market are based on the standard conditions of ... -
Prevention through Design: Promising or Perilous?
(American Society of Civil Engineers, 2019)Design and construction is evolving, with new types of contracts requiring new types of entities following new processes. Such changes may be motivated by reasonable project goals but bring unanticipated risks. The increased ... -
Critical Analysis of Case Law: Are Partnering Charters Binding?
(American Society of Civil Engineers, 2019)Construction project partnering in the United States has been used successfully for nearly 30 years in reducing disputes. Most partnered projects are characterized by the joint development of a nonbinding partnering ... -
Challenging Arbitral Awards in the Construction Industry: Case Study of Infrastructure Disputes
(American Society of Civil Engineers, 2019)A construction project involves many parties such as the employer, the consultants, the contractors, the subcontractors, and the suppliers. With so many parties involved, construction disputes may arise during project ... -
Reviewers
(American Society of Civil Engineers, 2018) -
Using BIM to Identify Claims Early in the Construction Industry: Case Study
(American Society of Civil Engineers, 2018)The construction industry is permeated with claims that result from changes in quantities, quality, specifications, and many other issues. One way to minimize the effect of these claims is handling them in a proactive ... -
Standard of Care for the Practicing Structural Engineer
(American Society of Civil Engineers, 2018)All engineers have a personal standard to which they practice; however, the legal standard of care is the standard to which engineers will be held if sued for professional negligence (also referred to as malpractice) in ... -
Visualization of Delay Claim Analysis Using 4D Simulation
(American Society of Civil Engineers, 2018)The precedence diagram method (PDM) is an accepted standard in the construction industry and a recognized method in courts in case of delay claims. In particular, four-dimensional (4D) simulation is becoming more prevalent ... -
Claims for Extension of Time and Additional Payment under Common Law FIDIC: Civil Law Analysis
(American Society of Civil Engineers, 2018)Lately, Egypt has been at the forefront of multiple megaconstruction projects and the same trend is expected to continue in the future. Since such projects are mainly carried out by international contractors, the associated ... -
Answers to Questions of Ethics by Highway Contractors
(American Society of Civil Engineers, 2018)In serving as an expert witness in a construction injury case, the lead author was confronted with the ethics of a contractor lending a piece of heavy construction equipment to another contractor when personnel of the ... -
Reviewers
(American Society of Civil Engineers, 2018) -
Analyzing Termination for Convenience Provisions under Common Law FIDIC Using a Civil Law Perspective
(American Society of Civil Engineers, 2018)The Egyptian government is investing massive sums of money in several large-scale infrastructure projects that are executed by international contractors. Most contracts for such projects are based on the standard conditions ... -
Improving Collaboration among Stakeholders in Green Building Projects: Role of Early Contractor Involvement
(American Society of Civil Engineers, 2018)It is well recognized that collaboration and mutual trust among project participants are essential in the delivery of green buildings. A procurement model is the structure that defines the contractual and functional ... -
System Dynamics Model to Determine Concession Period of PPP Infrastructure Projects: Overarching Effects of Critical Success Factors
(American Society of Civil Engineers, 2018)The determination of the concession period (CP) in public–private partnership (PPP) infrastructure projects presents complexities to decision makers because various critical success factors (CSF) are involved which may be ... -
Analysis of Transportation Agencies’ Claim History: Partnered versus Nonpartnered
(American Society of Civil Engineers, 2018)The literature on dispute avoidance credits claims avoidance as one of the primary benefits of a formal partnering program. A recent survey from AASHTO found that a number of agencies have dropped formal partnering because ... -
Development of a Partnering Maturity Assessment Tool for Transportation Agencies
(American Society of Civil Engineers, 2018)Partnering has been used since the mid-199s as a means to enhance collaboration between transportation agencies and contractors, with the ultimate aim of reducing claims and postconstruction litigation. The literature ... -
Effect of Change Orders on Cost and Schedule Overruns of School Building Renovation Projects
(American Society of Civil Engineers, 2018)Change orders are common problems in construction projects, and the effect of change orders on cost and schedule have been studied. However, few studies have considered the effect of change orders on cost and schedule ... -
Quantifying Lost Labor Productivity in Domestic and International Claims
(American Society of Civil Engineers, 2018)One of the most controversial areas in construction claims is the quantification of lost labor productivity. Although labor hours and installed quantities can be tracked, lost productivity is very difficult to track ... -
Implications of an Indemnification Clause in Construction Contracts
(American Society of Civil Engineers, 2018)Risk is an inherent part of any construction project, and the contract language is a vehicle for contracting parties to allocate this risk and properly manage it. Among the various contractual clauses used to address risk, ... -
Claims and Project Performance between Traditional and Alternative Project Delivery Methods
(American Society of Civil Engineers, 2018)Claims and disputes are common in construction projects and the costs associated with these adversarial relationships can reach up to $4–$12 billion per year. While previous studies have indicated that project delivery ...