Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 501-520 of 799
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Effects of Change Orders on Cost Growth, Schedule Growth, and Construction Intensity of Large Highway Projects
(American Society of Civil Engineers, 2018)Previous research have shown that change orders have a detrimental effect on cost growth and schedule growth of construction projects. These studies mainly concentrated on the number of change orders for building or ... -
Progression Analysis of the EJCDC’s Underlying Claim and Dispute Resolution Mechanism
(American Society of Civil Engineers, 2018)Direct negotiation is the most common approach used for cost-effective resolution of construction claims and disputes. From among the several available standard conditions of contract, those issued by the Engineers Joint ... -
Particularized Analysis of AIA’s Expeditious Mechanisms for Administering Claims and Disputes
(American Society of Civil Engineers, 2018)Contract conditions governing the administration of construction claims and disputes play a critical role concerning the efficiency and speed with which their resolutions can be concluded. Available standard conditions ... -
Multilayered Framework for Testing the Justifiability of Time-at-Large Callings
(American Society of Civil Engineers, 2018)One of the situations presenting major difficulties to the administration of construction contracts is when time is called by the contractor to have become at large. Several circumstances may evolve during the course of ... -
Model Language for Specifying the Construction Contract’s Order-of-Precedence Clause
(American Society of Civil Engineers, 2018)During the performance of construction contracts, contract administrators are bound to encounter circumstances that reveal discrepancies or inconsistencies in, or among, any one or more of the documents constituting the ... -
Weather-Related Delay Provisions in Public Transportation Construction Contracts
(American Society of Civil Engineers, 2018)Weather is one of the most volatile and unpredictable factors that can adversely affect construction works. Transportation projects are generally more susceptible to weather conditions because they are constructed outdoors ... -
Impact of Differing Site Conditions on Construction Projects
(American Society of Civil Engineers, 2018)The construction industry plays a very important role in the economy of any country. One of the major risks faced by construction projects is connected with the physical obstructions or changed conditions encountered during ... -
Evidence Admissibility and Evaluation Models in Commercial Arbitration
(American Society of Civil Engineers, 2018)Contracts are designed to govern the relations between business partners and allocate risk among them, yet they cannot mitigate all risks; hence, dispute resolution mechanisms have been developed to assist. According to ... -
Mediating Planning Disputes: Opportunities, Experiences, and Challenges
(American Society of Civil Engineers, 2018)There is no dearth of academic research into the apparent benefits of mediation as a tool for the resolution of planning disputes. Several eminent lawyers have proffered their support for the use of this alternative dispute ... -
Proposed Force Majeure Clause for Construction Contracts under Civil and Common Laws
(American Society of Civil Engineers, 2018)Force majeure is one of the most critical risks in the construction industry. It is a civil law concept, but not a term of art in common law. The majeure event may hinder a contract party from fulfilling its obligations ... -
Application of the Theory of Planned Behavior to Alternative Dispute Resolution Selection and Use in Construction Projects
(American Society of Civil Engineers, 2018)Belief in alternative dispute resolution (ADR) use in the construction industry is an underexplored topic. Although literature concerning the use of ADR continues to grow, previous studies, however, failed to investigate ... -
Semantic Risk Assessment for Ad Hoc and Amended Standard Forms of Construction Contracts
(American Society of Civil Engineers, 2018)In spite of the widespread availability and documented advantages of using standard forms of construction contracts (SFCs), actual practice and recent evidence suggest that owners still rely on ad hoc (bespoke) or heavily ... -
Comparison of an Emerging Seat of Arbitration and Leading Arbitration Seats and Recommendations for Reform
(American Society of Civil Engineers, 2018)Arbitration is an increasingly popular alternative form of resolution for construction disputes. After the establishment of the Istanbul Arbitration Center, the question of whether international parties would prefer it ... -
Impact of Owners’ Early Decisions on Project Performance and Dispute Occurrence in Public Highway Projects
(American Society of Civil Engineers, 2018)Disputes are common in the construction industry and lead to unnecessary cost and schedule overruns in projects. It is commonly believed that owners’ early decisions regarding the selection of delivery methods, procurement ... -
Evolution of Construction Arbitration
(American Society of Civil Engineers, 2018)Arbitration is at the forefront of construction dispute resolution techniques in Palestine. This paper critically examines the historical development of arbitration and explains the recent evolution of construction arbitration ... -
Review of Court-Connected Construction Mediation Practice: A Comparative International Review, edited by Andrew Agapiou and Deniz Artan Ilter
(American Society of Civil Engineers, 2018) -
Understanding Intention to Use Alternative Dispute Resolution in Construction Projects: Framework Based on Technology Acceptance Model
(American Society of Civil Engineers, 2018)This study developed and tested a conceptual model based on the technology acceptance model (TAM) that explained selection behavior in alternative dispute resolution (ADR) methods in construction projects. In this study, ... -
Modeling the Relationship between Risk and Dispute in Subcontractor Contracts
(American Society of Civil Engineers, 2018)Construction projects generally involve high risk because they are widely based on estimations of future events. Disputes between the project participants, including contractors and subcontractors, are often related to ... -
Discussion of “Dispute Resolution Strategy Selection” by Thomas Haugen and Amarjit Singh
(American Society of Civil Engineers, 2016) -
Closure to “Dispute Resolution Strategy Selection” by Thomas Haugen and Amarjit Singh
(American Society of Civil Engineers, 2016)