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Author: Jonathan J. Sweet Publisher: John Wiley & Sons ISBN: 9780471546177 Category : Law Languages : en Pages : 478
Book Description
Enables non-attorneys in the construction industry to understand how the construction process and law interact in order to resolve disputes without going to court. Analyzes specific issues concerning contracts, subcontracting, tort claims, insurance and bonds. Recommends strategies for avoiding or terminating litigation if a claim arises. Includes actual case studies and a complete reference of relevant AIA, EJCDC and NSPE documents.
Author: Jonathan J. Sweet Publisher: John Wiley & Sons ISBN: 9780471546177 Category : Law Languages : en Pages : 478
Book Description
Enables non-attorneys in the construction industry to understand how the construction process and law interact in order to resolve disputes without going to court. Analyzes specific issues concerning contracts, subcontracting, tort claims, insurance and bonds. Recommends strategies for avoiding or terminating litigation if a claim arises. Includes actual case studies and a complete reference of relevant AIA, EJCDC and NSPE documents.
Author: Barry B. Bramble Publisher: Transportation Research Board ISBN: 9780309058582 Category : Law Languages : en Pages : 52
Book Description
This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.
Author: Paula Gerber Publisher: ISBN: 9780409333077 Category : Construction industry Languages : en Pages : 493
Book Description
Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
Author: National Research Council Publisher: National Academies Press ISBN: 030917998X Category : Technology & Engineering Languages : en Pages : 68
Book Description
The National Academy of Construction (NAC) has determined that disputes, and their accompanying inefficiencies and costs, constitute a significant problem for the industry. In 2002, the NAC assessed the industry's progress in attacking this problem and determined that although the tools, techniques, and processes for preventing and efficiently resolving disputes are already in place, they are not being widely used. In 2003, the NAC helped to persuade the Center for Construction Industry Studies (CCIS) at the University of Texas and the Alfred P. Sloan Foundation to finance and conduct empirical research to develop accurate information about the relative transaction costs of various forms of dispute resolution. In 2004 the NAC teamed with the Federal Facilities Council (FFC) of the National Research Council to sponsor the "Government/Industry Forum on Reducing Construction Costs: Uses of Best Dispute Resolution Practices by Project Owners." The forum was held on September 23, 2004, at the National Academy of Sciences in Washington, D.C. Speakers and panelists at the forum addressed several topics. Reducing Construction Costs addresses topics such as the root causes of disputes and the impact of disputes on project costs and the economics of the construction industry. A second topic addressed was dispute resolution tools and techniques for preventing, managing, and resolving construction- related disputes. This report documents examples of successful uses of dispute resolution tools and techniques on some high-profile projects, and also provides ways to encourage greater use of dispute resolution tools throughout the industry. This report addresses steps that owners of construction projects (who have the greatest ability to influence how their projects are conducted) should take in order to make their projects more successful.
Author: Jeffery Whitfield Publisher: John Wiley & Sons ISBN: 1118298691 Category : Technology & Engineering Languages : en Pages : 185
Book Description
Construction projects are beset with disputes. In 1960 around 250 writs were issued relating to construction disputes. Within 30 years this number increased five-fold, and in the 20 years since then the number of disputes has not fallen. Some disputes are significant, others are quite minor, but most could probably be avoided. Disputes originate in disagreements or conflict between individuals, which if addressed early, can prevent escalation into situations that are difficult, expensive and time consuming to resolve. Conflicts in Construction deals with all types of conflict but concentrates on the conflicts that lead to disputes in construction projects. The book shows the reader how to avoid, manage and resolve conflicts before they become serious disputes. The first edition of Conflicts in Construction was read widely and saved many individuals and companies from falling into intractable disputes. The second edition, fully updated, forms the base content for the Hill/ Knowles seminar series on conflicts, delivered around the globe by the author, and will be an important read for everyone employed in the construction industry.
Author: Diana Holtham Publisher: Chartridge Books Oxford ISBN: 1902375319 Category : Technology & Engineering Languages : en Pages : 189
Book Description
Summary: This book examines how disputes arise in the construction industry and suggests ways of avoiding them by identifying problem areas. It introduces the principal means of dispute resolution, litigation, arbitration, ADR and adjudication - it explains how each operates and considers the advantages and disadvantages of each method. The book is written in a straightforward approach and is clear, concise and practical. It has been prepared by a team of lawyers who work for one of the leading law firms engaged in this area. The book is aimed at all of the professions engaged in the construction industry. Contents: Introduction Dispute avoidance Litigation Arbitration Alternative dispute resolution Adjudication
Author: Robert F. Cushman Publisher: Wolters Kluwer ISBN: 0735549508 Category : Law Languages : en Pages : 570
Book Description
Written by a team of authors who are not only experienced in resolving construction disputes, but also are known and respected for their expertise in specific areas commonly encountered in construction litigation, Construction Litigation: Representing the Owner is an ideal reference and resource. Intended primarily to assist attorneys, this book also provides a useful desk reference to anyone whose activities touch a long-term contract matters and provides a solid frame-work for understanding how actions may affect this important part of operations.
Author: Sai On Cheung Publisher: Springer ISBN: 331904429X Category : Technology & Engineering Languages : en Pages : 408
Book Description
There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.