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    Model Language for Specifying the Construction Contract’s Order-of-Precedence Clause

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2018:;Volume ( 010 ):;issue: 003
    Author:
    Hamie Jamileh M. K.;Abdul-Malak Mohamed-Asem U.
    DOI: 10.1061/(ASCE)LA.1943-4170.0000260
    Publisher: American Society of Civil Engineers
    Abstract: 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 contract. While different sets of standard contract conditions reveal various remedies for articulating the resolution of such encounters, the objective of the research work presented in this paper is to offer a unified and rather holistic model for articulating the contract clause addressing the respective priorities of the contract documents. The work methodology involves a thorough examination of the relevant clauses offered under six standard sets of contract conditions (three American-based, two British-based, and one international), coupled with a review of related practices found in the literature. Following the identification of the several types of reported defects, the differing party entrusted with deciding on their resolutions, and the consequences possibly to evolve due to the binding nature of given resolutions, the model language is presented in three cohorts that form the proposed all-inclusive clause. The inherent comprehensiveness of the model language, when observed, is expected to help reduce disagreements that are likely to emanate among involved practitioners from such adverse situations.
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      Model Language for Specifying the Construction Contract’s Order-of-Precedence Clause

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    https://yetl.yabesh.ir/yetl1/handle/yetl/4249168
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    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

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    contributor authorHamie Jamileh M. K.;Abdul-Malak Mohamed-Asem U.
    date accessioned2019-02-26T07:45:41Z
    date available2019-02-26T07:45:41Z
    date issued2018
    identifier other%28ASCE%29LA.1943-4170.0000260.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4249168
    description abstractDuring 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 contract. While different sets of standard contract conditions reveal various remedies for articulating the resolution of such encounters, the objective of the research work presented in this paper is to offer a unified and rather holistic model for articulating the contract clause addressing the respective priorities of the contract documents. The work methodology involves a thorough examination of the relevant clauses offered under six standard sets of contract conditions (three American-based, two British-based, and one international), coupled with a review of related practices found in the literature. Following the identification of the several types of reported defects, the differing party entrusted with deciding on their resolutions, and the consequences possibly to evolve due to the binding nature of given resolutions, the model language is presented in three cohorts that form the proposed all-inclusive clause. The inherent comprehensiveness of the model language, when observed, is expected to help reduce disagreements that are likely to emanate among involved practitioners from such adverse situations.
    publisherAmerican Society of Civil Engineers
    titleModel Language for Specifying the Construction Contract’s Order-of-Precedence Clause
    typeJournal Paper
    journal volume10
    journal issue3
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000260
    page4518011
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2018:;Volume ( 010 ):;issue: 003
    contenttypeFulltext
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