Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 681-700 of 799
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Vacating Arbitration Awards for Manifest Disregard of the Law
(American Society of Civil Engineers, 2013)The Federal Arbitration Act (FAA) was enacted in 1925 by Congress to establish a national policy favoring arbitration and to end judicial indisposition to arbitration. Since then, courts have routinely enforced arbitration ... -
Can a Carbon Tax Push the Australian Construction Sector toward Self-Regulation? Lessons Learned from European Union Experiences
(American Society of Civil Engineers, 2013)In Australia, the introduction of a carbon tax has been coined as a righteous response to climate change. However, recent industry reports indicate that construction practitioners are opposed to the carbon tax and argue ... -
Arbitration Still Best Road to Binding Dispute Resolution
(American Society of Civil Engineers, 2013)This article endorses arbitration as a superior dispute resolution method (DRM) for construction disputes. The study takes an interdisciplinary approach with the aim of assisting professionals to develop new construction ... -
Negotiated Settlements
(American Society of Civil Engineers, 2013) -
Emotional Reactions to Variations in Contract Language
(American Society of Civil Engineers, 2013)This paper introduces a theory of emotion-driven behavior in construction contracting and provides preliminary support for this theory by presenting the quantitative results of a study on the emotional reaction of individuals ... -
Special Section on Alternative Dispute Resolution for the Engineering and Construction Industry—Part I
(American Society of Civil Engineers, 2013) -
Engineering a Successful Negotiation
(American Society of Civil Engineers, 2013)Resolving construction disputes can be accomplished through several forms, including litigation and alternative dispute resolution (ADR), that involve negotiation, mediation, and/or arbitration, with the most prevalent use ... -
Negligent Tort Liability of the Design Professional
(American Society of Civil Engineers, 2013)Design professionals such as architects and engineers (A/Es) are experiencing increased liability exposure from contractors seeking to recover construction-related damages. Legal action is usually sought based on the ... -
2011 Best Paper Awards
(American Society of Civil Engineers, 2012) -
Alignment Partnering: A Bridge to ADR Processes?
(American Society of Civil Engineers, 2013)Partnering is a well-established concept in the construction industry that addresses an old problem: How can a construction project get the collaborative participation of all project stakeholders and keep that collaboration ... -
Contract Administration Guidelines for Effectively and Efficiently Applying Different Delay Analysis Techniques under World Bank–Funded Projects
(American Society of Civil Engineers, 2013)Because of the current unrest in the Middle East and North Africa, it is expected that the World Bank will fund many projects in the region to restore and build the affected and aged infrastructure systems. One of the main ... -
Cross-Cultural Interviewing and Counseling: Client-Oriented Perspective between Japanese and American Partners
(American Society of Civil Engineers, 2013)When serving as an attorney for either a Japanese or an American joint venture partner on international engineer-procure-construct contracts on large, complex construction projects, have interviewing and counseling evolved ... -
Legal Review of Conditions Precedent to Dispute Resolution in Construction Contracts
(American Society of Civil Engineers, 2013)Dispute resolution procedures specified in construction contracts commonly contain conditions precedent that can ultimately affect the entitlements of the parties in case a dispute occurs. This study discusses various ... -
Conflict: Philosophy and Culture
(American Society of Civil Engineers, 2013)It is becoming clearer than ever that new ideas about conflict resolution lie in interdisciplinary research. This paper will look at the importance of cross-cultural leadership in avoiding and resolving conflict on ... -
Expanded Oligopolization of the Greek Public Works Market through the Framework of Law
(American Society of Civil Engineers, 2013) -
Hawaii Superferry Plies and Dies
(American Society of Civil Engineers, 2012)The Hawaii Superferry was a novel idea brought to the Islands of Hawaii not only as a business venture but also as a means of providing visitors and locals alike the opportunity to quickly and easily travel between the ... -
What to Do When Faced with Defective Contract Documents Can Be a Costly Decision
(American Society of Civil Engineers, 2012) -
Holding Homebuilders Liable for Personal Injury and Property Damage Caused by Defective Material: Chinese Drywall Case
(American Society of Civil Engineers, 2012)Faced with the stark reality that Chinese drywall manufacturers might not respond to American judgments, some homeowners affected by Chinese drywall excluded them from their lawsuits. Instead, these homeowners sought redress ... -
Contract Administration Guidelines for Managing Conflicts, Claims, and Disputes under World Bank–Funded Projects
(American Society of Civil Engineers, 2012)Conflicts, claims, and disputes could be considered an unavoidable consequence of the construction process. The frequency and severity of conflicts, claims, and disputes can significantly increase under the World Bank–funded ... -
Differing Site Conditions Indications and Disclaimers
(American Society of Civil Engineers, 2012)