Download or read book Managing Transit Construction Contract Claims written by Joel T. Callahan and published by Transportation Research Board. This book was released on 1998 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers information from selected transit agencies about the underlying causes of construction disputes and practices in use today to identify and resolve them before they become formal claims. The synthesis focuses on avoidance and resolution of disputes, examines ways of settling disputes at their inception, and considers the experiences of the transit industry in the use of alternative dispute resolution techniques.
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.
Download or read book Construction Claims written by Robert A. Rubin and published by Springer Science & Business Media. This book was released on 1992-09-30 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction Claims is an important resource professionals can turn to when looking for information on how to avoid, negociate, prosecute, document, and defend construction claims. Written for the contractor rather than the attorney, this book includes information on program management, turnkey contracting, mini-trials, and environmental issues such as hazardous materials. Special features of this book include standard contract forms, case histories, sample forms, and charts that address any contract situation.
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.
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:
Download or read book Quick Guide To Construction Claims written by N. M. Raj and published by N.M.Raj. This book was released on 2009 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State by state Guide to Construction Contracts and Claims written by Michael Dodd and published by Aspen Law & Business. This book was released on 2005-12-12 with total page 1205 pages. Available in PDF, EPUB and Kindle. Book excerpt: State-by-State Guide to Construction Contracts and Claims provides a practical, state-by-state analysis of legal issues affecting architects, engineers, project owners, and construction contractors. Included are in-depth treatments of design and construction issues for all 50 states, Washington, D.C., and Puerto Rico. Updated annually, this essential sourcebook covers each state in its own separate chapter written by leading construction industry attorneys from that jurisdiction, making it easy to find answers quickly for your jurisdictions. You'll find expert answers to such questions as: Are contract clauses that waive a potential claimant's statutory lien rights enforceable in your jurisdiction? Can you enforce 'pay-if-paid' and 'pay-when-paid' contract clauses in your jurisdiction? is there a leading case or statute in your jurisdiction that specifically discusses the elements of a claim for breach of contract? is there a leading case or statute in your jurisdiction that specifically addresses the elements of a claim for ordinary negligence, gross negligence, or professional negligence? What are the most common theories of recovery in the design and construction claim setting in a particular jurisdiction? What damages are recoverable in the context of design and construction claims in a particular jurisdiction? Designed to assist you in managing any type of litigation situation, The State-by-State Guide to Construction Contracts and Claims offers expert explanations and analyses of the full range of contract and claim topics.
Download or read book Construction Delay Claims written by Barry B. Bramble and published by Aspen Publishers. This book was released on 2010-10 with total page 1030 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts can be your first line of defense against delays. But they have tobe drafted very carefully. Construction Delay Claims gives youan in-depth analysis of all the pertinent clauses and details what they canand can't do to minimize delays and avoid litigation.Construction Delay Claims, Fourth Edition, by Barry B. Brambleand Michael T. Callahan is written for everyone involved with delay and impactconstruction claims--the most common form of disputes in the constructionindustry. You'll find that this resource presents the most thorough, detailedreview of delay claims liability available, including a complete descriptionof the entire process for filing and pursuing claims along with more than1,950 cases and analyses.Construction Delay Claims gives you the information you need todetermine your best course of action. The book presents detailed knowledgedrawn from the authors' thirty-five years of experience in the industry.You'll learn how to anticipate delays and mitigate damages through the use ofadvanced planning and immediate responses by the parties involved. You'll alsoreceive helpful instructions about the best use of construction schedules toavert delays, or to prove their impact if they do occur.Construction Delay Claims keeps you completely up-to-date withthe changes in the construction industry, and the construction litigationprocess. Coverage includes:Effective ways to challenge a claimant's use of the Total Cost Method ofCalculationThe effectiveness of "no damages for delay" clausesThe use of ADR methods to resolve delay claimsThe meaning and implication of concurrent delaysCumulative impact effect of multiple change ordersThe impact and probability of delays in design-build, construction management,and multiple prime contractingLatest research into the effect and measurement of lost productivityThe most recent assessments of how states are applying the Eichleayformula
Download or read book Practical Guide to Construction Contract Surety Claims written by William Schwartzkopf and published by Wolters Kluwer. This book was released on 2005-01-01 with total page 1006 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practical Guide to Construction Contract Surety Claims, Second Edition provides clear guidance on the methods, procedures and case law surrounding the surety process. Whether you represent the surety, principal, or obligee, this one-of-a-kind reference will provide you with the indispensable, practical guidance and reliable tools you need to manage the surety process. Practical Guide to Construction Contract Surety Claims, Second Edition is logically organized around the various types of bonds - payment bond, bid bond, performance bond - as well as the claims that are asserted against those bonds, and the methods of investigation and resolution of those claims. It covers in detail the surety's options for resolving performance bond claims, including: Tender Completion by the obligee Completion by surety Financing the principal This book also addresses matters that affect the claims handling process, such as: Bankruptcy of the principal Claims for extra-contractual damages Claims by the surety against the principal Indemnity for losses sustained by the surety The interrelationship of the surety and the insurance carriers for the construction project Valuable analysis of case law is included within the discussion of each topic, and the relevant facts of key cases are highlighted where applicable. Bonus Interactive CD-ROM Includes All Forms and Documents This unique CD-ROM contains nearly 150 forms, such as sample agreements and correspondence among the parties, providing the guidance you need to act quickly and protect your client's interests in any situation.
Download or read book Evaluating Contract Claims written by R. Peter Davison and published by John Wiley & Sons. This book was released on 2009-04-29 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most medium to large construction contracts include a claim forextra payment for variations or disruption to the programme. Whilstthe causes of the claim are often well documented, what can andcannot be included in the payment is often misunderstood and thecalculation of quantum consequently becomes vague and poorlysubstantiated. Thoroughly updated over the previous edition, reflectingpertinent Court decisions on damages and the duty to mitigate, thenew edition covers new provisions of the revised JCT 2005 contractsand the 2005 New Engineering Contract. There is substantialadditional material on issues arising from time and delay analysisand the financial consequences of changes to time – issuesthat regularly cause real problems in the evaluation of quantum forconstruction claims. Most current books on the subject concentrate on theestablishment of liability and the requirements of individualstandard forms of contract. This book, however, concentrates on thequantification of claims after liability has been established,regardless of the form of contract used, and sets out theprinciples and methods that should be reflected in the evaluationof claim quantum and the standard of substantiation required. Itwill therefore appeal to those working with both building andengineering contracts. Reviews of the previous edition "Well written and highly informative" BuildingEngineer “His observations on the assessment of productivity andthe use of facilities and equipment are particularly helpful forlawyers, who deal with construction claims” ConstructionLaw
Download or read book Proving and Pricing Construction Claims written by Robert F. Cushman and published by Wolters Kluwer. This book was released on 2000-12-01 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most useful, definitive resource available on every aspect of construction claims, including: how to present the claims how to calculate and prove the amount of damages sustained and how to prove liability It even covers the clauses that should be in every construction contract. You'll get comprehensive coverage of all the important issues -- delay claims, differing site conditions claims, claims for lost profit, international claims, and much more. Includes a variety of winning strategies, practice tips, and helpful checklists to minimize damages and maximize collectability.
Download or read book Construction Change Order Claims written by Michael T. Callahan and published by Wolters Kluwer. This book was released on 2005-01-01 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction Change Order Claims brings you up-to-date with the latest methods for determining value of work or all types of projects. Commonly encountered claim issues are covered in detail, including: Surety issues Evaluating changes resulting from ambiguous specifications or inadequate design Measuring the cost impact of delays Proving the price of damages This all-in-one resource guides you through every type and aspect of change claims, offering hands-on guidance and analysis from 25 experienced practitioners. Construction Change Order Claims helps you quickly answer difficult questions such as: Is a change order on a construction project an and“extraand”and—or is it included within the scope of the basic contract price? When does an ownerand’s unintentional interference cross the line between a mere impairment or hindrance to an alteration of the contractorand’s intended methods of performance? What specific circumstances support the use of the cardinal change doctrine? What circumstances must be present to employ the Percentage of Completion accounting method? Construction Change Order Claims delivers: Innovative defenses to avoid being bound by a release Guidance for anticipating contractor defenses, and for preparing opposing arguments Practical tips and accounting tools for evaluating progress and calculating payments Federal, state and local certification requirements for public and private projects And more!
Download or read book Construction Project Management Handbook written by and published by . This book was released on 2009 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Construction Contract Claims Changes Dispute Resolution written by Paul Levin and published by Amer Society of Civil Engineers. This book was released on 1998 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The general guidelines, practical advice and legal principles provided in this book were shaped by the outcome of federal and heavy construction cases and will be of value to those in the private sector, local governments, and commercial construction as well.
Download or read book Construction Claims and Responses written by Andy Hewitt and published by John Wiley & Sons. This book was released on 2011-08-08 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring a Foreword by Roger Knowles FRICS, FCIArb, FQSi, Barrister The book discusses the different types of claim common to construction contracts and presents a step-by-step guide which demonstrates the process of building up the submission of a claim. It includes guidelines as to how to set out the claim, section by section in a logical manner to ensure that the essentials of a successful claim are included. Worked examples of claims for variations, extensions of time and additional payment are included together with sample wording showing precisely how the claim may be presented in a manner which will lead the reviewer to a logical conclusion - or at least contain a persuasive argument to support the claimant’s case. The vast majority of claims are managed without the need to resort to case law or legal matters. Construction Claims: effective writing & responses therefore discusses what the claim is trying to achieve and how to do this in a logical and persuasive manner This is a practical, hands-on guide for the construction industry professional which explains how to approach the preparation of the claim document, what topics to cover, how to present the essential elements and how to compile the submission document into a user friendly and comprehensive document. For those whose job it is to review such submissions, it advises how to prepare responses which set out the respondent’s counter arguments, points of view and determinations. The guide covers: The various types of claim. How the claim may be split into sections dealing with the details of the contract, the cause, the effect, entitlement and quantum. What this section is attempting to demonstrate or achieve and why. What should be included within the section and why. Worked examples of typical claims and responses with sample wording.
Download or read book Guidance for Cost Estimation and Management for Highway Projects During Planning Programming and Preconstruction written by Stuart D. Anderson and published by Transportation Research Board. This book was released on 2007 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'TRB's National Cooperative Highway Research Program (NCHRP) Report 574: Guidance for Cost Estimation and Management for Highway Projects During Planning, Programming, and Preconstruction explores approaches to cost estimation and management designed to overcome the root causes of cost escalation and to support the development of consistent and accurate project estimates through all phases of the development process, from long-range planning, through priority programming, and through project design. NCHRP Web-Only Document 98 details the steps followed by the research team in the development of NCHRP Report 574"--Publisher's description.
Download or read book Megaproject Management written by Virginia A. Greiman and published by John Wiley & Sons. This book was released on 2013-06-21 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Project management lessons learned on the Big Dig, America's biggest megaproject, by a core member responsible for its daily operations In Megaproject Management, a central member of the Big Dig team reveals the numerous risks, challenges, and accomplishments of the most complex urban infrastructure project in the history of the United States. Drawing on personal experience and interviews with project engineers, executive oversight commission officials, and core managers, the author, a former deputy counsel and risk manager for the Big Dig, develops new insights as she describes the realities of day-to-day management of the project from a project manager's perspective. The book incorporates both theory and practice and is therefore highly recommended to policymakers, academics, and project management practitioners. Focusing on lessons learned, this insightful coursebook presents the Big Dig as a massive case study in the management of risk, cost, and schedule, particularly the interrelation of technical, legal, political, and social factors. It provides an analysis of the difficulties in managing megaprojects during each phase and over the life span of the project, while delivering useful lessons on why projects go wrong and what can be done to prevent project failure. It also offers new ideas to enhance project management performance and innovation in our global society. This unique guide: Defines megaproject characteristics and frameworks Reviews the Big Dig's history, stakeholders, and governance Examines the project's management scope, scheduling, and cost management including project delays and cost overruns Analyzes the Big Dig's risk management and quality management Reveals how to build a sustainable project through integration and change introduction
