Introduction to Construction Dispute Resolution PDF Download

Author: Feniosky Pena-Mora
Publisher:
ISBN:
Category : Arbitration and award
Languages : en
Pages : 296

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Book Description
For graduate and advanced undergraduate courses in Dispute Resolution. This text addresses new and innovative ways to promote collaborative environments and resolve disputes in construction by emphasizing the different steps in the Dispute Resolution Ladder and spelling out the main features of a conflict management plan. It also includes some practical applications of Dispute Avoidance and Resolution Techniques in the construction industry throughout different cultures.

Author: Diana Holtham
Publisher: Chartridge Books Oxford
ISBN: 1902375319
Category : Technology & Engineering
Languages : en
Pages : 189

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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: P. Fenn
Publisher: Routledge
ISBN: 1135827079
Category : Architecture
Languages : en
Pages : 456

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Book Description
This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.

Author: Paula Gerber
Publisher:
ISBN: 9780409333077
Category : Construction industry
Languages : en
Pages : 493

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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: Edward Davies
Publisher: Routledge
ISBN: 1135807531
Category : Architecture
Languages : en
Pages : 571

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Book Description
Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.

Author: Barry B. Bramble
Publisher: Transportation Research Board
ISBN: 9780309058582
Category : Law
Languages : en
Pages : 52

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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: Brian Bond
Publisher: Taylor & Francis
ISBN: 1000989461
Category : Law
Languages : en
Pages : 336

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Book Description
Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success are analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute.

Author: Andrew Agapiou
Publisher: Ethics International Press
ISBN: 180441087X
Category : Law
Languages : en
Pages : 264

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Book Description
Construction disputes by their very nature are often complex, sometimes multi-party disputes, many of which are not suited to either adjudication or traditional form of litigation (which are often slow, expensive and divisive). The sheer complexity of construction creates a compelling case for the introduction of alternative approaches within this adversarial industry. This book traces the history, development, current status and future direction of Alternative Dispute Resolution (ADR) in the UK construction industry. It draws on the largest collection of Royal Institution of Chartered Surveyors-funded surveys on Scottish and English disputants’ perceptions and attitudes to ADR. It includes an examination of the key legislative and regulatory principles relating to ADR in the Construction sphere. The study also evaluates the role and functions of the Technology and Construction Court (TCC) in England and, with reference to case law, identifies its facilitative approach to ADR. The coherence of the TCC’s approach to issues such as refusal to resort to ADR is also examined. It will be a valuable reference work for scholars and practitioners in construction and the built environment, in the UK and internationally.

Author: Cyril Chern
Publisher: Taylor & Francis
ISBN: 0429648685
Category : Law
Languages : en
Pages : 1081

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Book Description
Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.

Author: Jeffery Whitfield
Publisher: John Wiley & Sons
ISBN: 1118298691
Category : Technology & Engineering
Languages : en
Pages : 185

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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.