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Book Avoiding and Resolving Disputes During Construction

Download or read book Avoiding and Resolving Disputes During Construction written by American Society of Civil Engineers and published by American Society of Civil Engineers. This book was released on 1991 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Resolution of Disputes to Avoid Construction Claims

Download or read book Resolution of Disputes to Avoid Construction Claims written by Barry B. Bramble and published by Transportation Research Board. This book was released on 1995 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Conflict in Construction

Download or read book Conflict in Construction written by Jeffery Whitfield and published by John Wiley & Sons. This book was released on 2012-07-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Reducing Construction Costs

Download or read book Reducing Construction Costs written by National Research Council and published by National Academies Press. This book was released on 2007-10-09 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Construction Dispute Review Board Manual

Download or read book Construction Dispute Review Board Manual written by Robert M. Matyas and published by McGraw-Hill Professional Publishing. This book was released on 1995 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential reference for all construction professionals, this book shows you how to use Dispute Review Boards (DRBs) to solve construction disputes on the job, avoid claims, and thereby reduce project costs. Prepared by members of the ASCE Task Committee on Dispute Review Boards and featuring contributions from 34 experts in the field, this definitive manual provides all the procedures required to employ the DRB process, and fully explains the benefits and pitfalls of DRBs. You'll find detailed coverage of the concept, function, and applicability of DRBs; the practice of DRBs, including member selection, operation of the board, conduct of the hearing, deliberation, and recommendation; case histories of how the DRB process works; and international DRB applications. A guide specification for including a DRB in the construction contract is also included. Whether you're an owner, contractor, construction manager, attorney, or construction lender, this time- and money-saving sourcebook offers you the most complete guidance now available on the successful establishment and practice of a Dispute Review Board during construction.

Book Recommended Contract Practices for Underground Construction  Second Edition

Download or read book Recommended Contract Practices for Underground Construction Second Edition written by Sarah H. Wilson and published by Society for Mining, Metallurgy & Exploration. This book was released on 2019-05-10 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: A successful underground project is one where relationships are strong, the objectives as understood by each party are met or exceeded, and the work product serves its stakeholders and is maintainable in a way that fits with the project vision. High-level metrics for project success relate to safety, quality, schedule, and budget. The first edition of Recommended Contract Practices for Underground Construction has become a valued resource for the underground industry, serving as a concise guide for drafting and implementation of contract provisions. It provided improvements to underground contracting practices during all project stages. It also presented clear roles and responsibilities for project participants to promote better contracts. This second edition was undertaken by the UCA of SME because the industry has undergone numerous changes over the last decade. Changes in tunneling technology, more common use of design-build as a contracting mechanism, and many lessons learned have sparked some creative contract approaches. The recommendations contained in this edition are intended to guide owners and their engineers in developing and administering contracts and to give contractors a better understanding of the rationale behind contract provisions. The goal is that more underground projects in this country can be best projects, where improved relationships and fair contracts enable all project participants to personally invest in cost-effective, profitable projects, ensuring the continued health of the underground industry.

Book Construction Disputes

    Book Details:
  • Author : Thomas J. Kelleher
  • Publisher : Wolters Kluwer
  • Release : 2002-01-01
  • ISBN : 9780735530089
  • Pages : 522 pages

Download or read book Construction Disputes written by Thomas J. Kelleher and published by Wolters Kluwer. This book was released on 2002-01-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.

Book Dispute Board Manual

    Book Details:
  • Author : Dispute Resolution Board Foundation
  • Publisher :
  • Release : 2019-09-15
  • ISBN : 9781943070688
  • Pages : 152 pages

Download or read book Dispute Board Manual written by Dispute Resolution Board Foundation and published by . This book was released on 2019-09-15 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative explanation of the Dispute Board (DB) process and a reference guide for users of the process throughout the world. The guide addresses the fundamentals of successful DBs and their important role in both avoiding and resolving disputes among the contracting parties on large and complex projects.

Book Construction Dispute Research

Download or read book Construction Dispute Research written by Sai On Cheung and published by Springer. This book was released on 2014-07-08 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Recommended Contract Practices for Underground Construction

Download or read book Recommended Contract Practices for Underground Construction written by William W. Edgerton and published by SME. This book was released on 2008 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underground construction is more complex than ever. Demand for space is increasing, new technologies are constantly evolving, and more stakeholders are asserting influence. Yet one of the most challenging and frustrating characteristics of underground construction remains: often, contract language does not account for the unique nature of building underground. Recommended Contract Practices for Underground Construction is the first industry-wide effort to improve contract procedures in more than 30 years. Commissioned by the Underground Construction Association of the Society for Mining, Metallurgy, and Exploration, this manual is an indispensable resource for contractors, consultants, suppliers, and owners anticipating underground projects. The authors suggest better practices during all stages of a project, when decisions are made that can affect the contract positively or negatively. Part one focuses on the practices and disciplines that build the foundation for effective contracts during the early phases of a project. Part two discusses best practices for contract provisions, payment mechanisms, and dispute resolution. By following these recommendations, you'll reduce the mistrust and costly disputes that often arise from the contract process. The result will be improved relationships, better contracts, and, most importantly, projects that are most cost-effective for owners and more profitable for contractors.

Book Construction Disputes

    Book Details:
  • Author : Robert F. Cushman
  • Publisher : Wolters Kluwer
  • Release : 2001-01-01
  • ISBN : 0735521743
  • Pages : 868 pages

Download or read book Construction Disputes written by Robert F. Cushman and published by Wolters Kluwer. This book was released on 2001-01-01 with total page 868 pages. Available in PDF, EPUB and Kindle. Book excerpt: In compiling the third and entirely revised edition of Construction Disputes: Representing the Contractor, the editors have sought out as specialists in their field: contributing authors who are not only experienced in resolving construction disputes but also known and respected for their expertise in specific critical areas commonly encountered in construction litigation. Although intended primarily to assist attorneys, this book also provides a useful desk reference for anyone whose activities touch on long-term contract matters and gives individual contractors a better understanding of how their actions may affect this increasingly important part of operations.

Book Subsurface Conditions

Download or read book Subsurface Conditions written by David J. Hatem and published by John Wiley & Sons. This book was released on 1998-01-02 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsurface projects can spell tremendous liability and risk concerns for geotechnical engineers, who pay among the highest liability insurance rates among A/E/C professionals. Written for a non-legal audience by a recognized liability authority, this helpful book brings together the information and expertise needed to manage the non-technical aspects of such projects. Discusses the implications of errors and omissions, applicable law, bid and contract document disclosure, and much more. Filled with relevant case studies.

Book Construction Conflict Management and Resolution

Download or read book Construction Conflict Management and Resolution written by P. Fenn and published by Routledge. This book was released on 2003-09-02 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Tunnelling Contracts and Site Investigation

Download or read book Tunnelling Contracts and Site Investigation written by Dr P.B. Attewell and published by CRC Press. This book was released on 1995-08-31 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide ranging and up-to-date review of experience of tunnelling contracts, particularly those for sewerage and drainage tunnels. The review is based on the 6th edition of the ICE Conditions of Contract, but it takes note of new forms of contract which are leading towards less adversarial contractual relations.^

Book International Construction Contract Law

Download or read book International Construction Contract Law written by Lukas Klee and published by John Wiley & Sons. This book was released on 2018-07-17 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt: The updated second edition of the practical guide to international construction contract law The revised second edition of International Construction Contract Law is a comprehensive book that offers an understanding of the legal and managerial aspects of large international construction projects. This practical resource presents an introduction to the global construction industry, reviews the basics of construction projects and examines the common risks inherent in construction projects. The author — an expert in international construction contracts — puts the focus on FIDIC standard forms and describes their use within various legal systems. This important text contains also a comparison of other common standard forms such as NEC, AIA and VOB, and explains how they are used in a global context. The revised edition of International Construction Contract Law offers additional vignettes on current subjects written by international panel of numerous contributors. Designed to be an accessible resource, the book includes a basic dictionary of construction contract terminology, many sample letters for Claim Management and a wealth of examples and case studies that offer helpful aids for construction practitioners. The second edition of the text includes: • Updated material in terms of new FIDIC and NEC Forms published in 2017 • Many additional vignettes that clearly exemplify the concepts presented within the text • Information that is appropriate for a global market, rather than oriented to any particular legal system • The essential tools that were highlighted the first edition such as sample letters, dictionary and more • A practical approach to the principles of International Construction Contract Law and construction contract management. Does not get bogged down with detailed legal jargon Written for consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide, the second edition of International Construction Contract Law offers an essential guide to the legal and managerial aspects of large international construction projects.