Journal of Legal Affairs and Dispute Resolution in Engineering and Construction: Recent submissions
Now showing items 741-760 of 799
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Case for Expanding the Claim Dispute Resolution Training of TxDOT Personnel
(American Society of Civil Engineers, 2010)Texas Department of Transportation (TxDOT) currently uses general alternative dispute resolution and dispute management tactics to resolve construction claims. The successful application by TxDOT of project partnering ... -
Nevada Bars Negligence Claims against Design Professionals for Economic Loss
(American Society of Civil Engineers, 2010) -
Summary of Electronic Bill of Lading Legal Issues in Trucking
(American Society of Civil Engineers, 2011)The use of electronic bills of lading (B/Ls) is a rapidly evolving area that faces much uncertainty. The intent of this paper is to provide a brief review of the history of motor carrier B/L legislation and to summarize ... -
Case Studies on Negotiation and Mediation for Coastal Zone Conflicts
(American Society of Civil Engineers, 2010)The cases detailed in this paper provide insight into the application of negotiation and other forms of alternative dispute resolution (ADR) to resolve heated disputes over the use of coastal resources. Three examples are ... -
Considering Attitudes in Strategic Negotiation over Brownfield Disputes
(American Society of Civil Engineers, 2010)An innovative negotiation methodology for resolving disputes in brownfield reconstruction is presented for handling negotiation in the presence of multiple decision makers (more than two). A unique feature of the proposed ... -
The Scandalous Contract of Venice
(American Society of Civil Engineers, 2010) -
Mediation for Improved Conflict Resolution
(American Society of Civil Engineers, 2010) -
Ka Loko Dam Break
(American Society of Civil Engineers, 2010)On March 14, 2006, the Ka Loko Dam broke on the North Shore of Kauai, Hawaii, sending millions of gallons of water downstream. Seven people were killed and dozens of homes and properties were damaged. Multiple parties faced ... -
Is Construction Blasting Still Abnormally Dangerous?
(American Society of Civil Engineers, 2010)The main premise of this paper is that construction blasting is no longer an abnormally dangerous activity using the six factors presented in Section 520 of the Second Restatement of the Law of Torts. Though blasting is ... -
Appellate Court Reverses Judgment Based on Clear Intent of Change Orders and Claims
(American Society of Civil Engineers, 2010) -
Lead Paint Is Not a Public Nuisance
(American Society of Civil Engineers, 2010) -
Construction Mediation Landscape in the Civil Justice System in Hong Kong
(American Society of Civil Engineers, 2010)Alternative dispute resolution techniques as means to speedily and economically resolve certain types of disputes have been well recognized. In this regard, some jurisdictions have opted to use mandatory adjudication to ... -
Legal Issues of Integrated Network for Construction and Real Estate Sector
(American Society of Civil Engineers, 2010)In Singapore, one of the most important steps in the overall information technology strategy for the construction and real estate sector is the development of an integrated network for the sector to cover the entire life ... -
Judging Unreasonable Litigation Behavior at the Interface of Mediation in the English Jurisdiction
(American Society of Civil Engineers, 2010)Civil procedure rules (CPRs) in the English jurisdiction were introduced to restrain the adversarial and expensive litigation activities of the legal profession. Judges use case management to fix timetables for preaction ... -
Engineering in the Service of Law
(American Society of Civil Engineers, 2010)The professional duty of the civil engineer is not limited exclusively to the scope of project design and execution; it often embraces other very different fields of activity as well. In this article, we will tackle a very ... -
Mediation for Public Construction Contracts under the GPA in Taiwan
(American Society of Civil Engineers, 2010)The purpose of this paper is to examine mediation for public construction contracts under the Government Procurement Act (GPA) in Taiwan. The World Trade Organization Committee on Government Procurement, on December 9, ... -
Corporate Ethics in the Construction and Engineering Industry
(American Society of Civil Engineers, 2009)Ethical conduct is closely related to legal conduct although they do not always overlap, leaving ambiguity over appropriate actions in specific circumstances. This uncertainty can be reduced by designing organizations which ... -
Integrated Project Delivery Case Study: Guidelines for Drafting Partnering Contract
(American Society of Civil Engineers, 2010)This paper presents a case study through which a multinational contracting firm aimed to introduce integrated project delivery through strategic partnering into its industry operations. The study reports on a research ... -
Variations and Change Orders on Construction Projects
(American Society of Civil Engineers, 2010) -
Executive Order Encourages Project Labor Agreements on Federal Projects
(American Society of Civil Engineers, 2010)