Avoiding And Resolving Disputes During Construction

Author : Jeffery Whitfield
Publisher : John Wiley & Sons
Page : 185 pages
File Size : 43,7 Mb
Release : 2012-07-12
Category : Technology & Engineering
ISBN : 9781118298695

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Conflict in Construction by Jeffery Whitfield Pdf

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 : Barry B. Bramble,Mark D. Cipollini
Publisher : Transportation Research Board
Page : 52 pages
File Size : 44,6 Mb
Release : 1995
Category : Law
ISBN : 0309058589

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Resolution of Disputes to Avoid Construction Claims by Barry B. Bramble,Mark D. Cipollini Pdf

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 : American Society of Civil Engineers
Publisher : American Society of Civil Engineers
Page : 104 pages
File Size : 51,6 Mb
Release : 1991
Category : Law
ISBN : UOM:39015019482747

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Avoiding and Resolving Disputes During Construction by American Society of Civil Engineers Pdf

Author : Paula Gerber,B. J. Ong
Publisher : Unknown
Page : 493 pages
File Size : 42,5 Mb
Release : 2013
Category : Construction industry
ISBN : 0409333077

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Best Practice in Construction Disputes by Paula Gerber,B. J. Ong Pdf

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,Division on Engineering and Physical Sciences,Board on Infrastructure and the Constructed Environment,Federal Facilities Council
Publisher : National Academies Press
Page : 68 pages
File Size : 54,5 Mb
Release : 2007-10-09
Category : Technology & Engineering
ISBN : 9780309179980

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Reducing Construction Costs by National Research Council,Division on Engineering and Physical Sciences,Board on Infrastructure and the Constructed Environment,Federal Facilities Council Pdf

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 : Diana Holtham,Victoria Russell,Diana Hird
Publisher : Chartridge Books Oxford
Page : 189 pages
File Size : 49,8 Mb
Release : 1999
Category : Technology & Engineering
ISBN : 9781902375311

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Resolving Construction Disputes by Diana Holtham,Victoria Russell,Diana Hird Pdf

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 : Bart Kavanagh
Publisher : Routledge
Page : 127 pages
File Size : 42,6 Mb
Release : 2019-07-25
Category : Architecture
ISBN : 9781000701395

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Avoiding and Resolving Disputes by Bart Kavanagh Pdf

Quick, concise and direct, this pocketbook outlines the essentials that every architect needs to know about construction disputes – from tips on avoiding them in the first place and informally negotiating issues as they arise, to how to go about settling full-blown disputes more formally.

Author : Barry B. Bramble,Michael F. D'Onofrio,John B. Stetson
Publisher : R.S. Means Company
Page : 256 pages
File Size : 51,5 Mb
Release : 1990
Category : House & Home
ISBN : UOM:39015019554818

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Avoiding & Resolving Construction Claims by Barry B. Bramble,Michael F. D'Onofrio,John B. Stetson Pdf

Starting with this catalog, Means offers a select group of references at special prices. These books provide essential information for contractors, design professional, and facilities managers and bring you the expertise of leading authorities. Take advantage of this opportunity to build your reference collection. Demonstrates how to: resolve disputes -- head off claim problems -- manage the claims process, if a claim is inevitable. Includes strategies for evaluating and preparing claims, defending against them, recovering losses, and protecting profits.

Author : Anonim
Publisher : Unknown
Page : 88 pages
File Size : 53,6 Mb
Release : 1989
Category : Technology & Engineering
ISBN : UOM:39015016506027

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Avoiding and Resolving Disputes in Underground Construction by Anonim Pdf

Author : Peter Campbell
Publisher : Unknown
Page : 220 pages
File Size : 44,6 Mb
Release : 1997
Category : Construction contracts
ISBN : 1870325079

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Construction Disputes by Peter Campbell Pdf

One of the major problems facing the construction industry today is disputes. They occupy enormous amounts of time and cost the industry vast sums of money. This book provides guidance and explanation on the various aspects of construction disputes, and should inform the reader as to how best to avoid disputes or to achieve a rapid resolution if already involved in a case. It describes the various stages available for dispute resolution, used as a sequential process, which is designed to commence with private negotiation followed by mediation, conciliation, adjudication, arbitration and, finally, to proceedings in court.

Author : Edward Davies,Peter Fenn,Michael O'Shea
Publisher : Routledge
Page : 888 pages
File Size : 52,9 Mb
Release : 2005-10-05
Category : Architecture
ISBN : 9781135807542

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Dispute Resolution and Conflict Management in Construction by Edward Davies,Peter Fenn,Michael O'Shea Pdf

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 : D. Bryan Morgan
Publisher : Riba Publishing
Page : 0 pages
File Size : 49,7 Mb
Release : 2008
Category : Breach of contract
ISBN : 1859462979

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Dispute Avoidance by D. Bryan Morgan Pdf

First Published in 2008. Routledge is an imprint of Taylor & Francis, an informa company.

Author : Sai On Cheung
Publisher : Springer
Page : 408 pages
File Size : 48,6 Mb
Release : 2014-07-08
Category : Technology & Engineering
ISBN : 9783319044293

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Construction Dispute Research by Sai On Cheung Pdf

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.

Author : P. Fenn,R. Gameson
Publisher : Routledge
Page : 464 pages
File Size : 55,9 Mb
Release : 2003-09-02
Category : Architecture
ISBN : 9781135827069

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Construction Conflict Management and Resolution by P. Fenn,R. Gameson Pdf

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 : Jonathan J. Sweet
Publisher : John Wiley & Sons
Page : 478 pages
File Size : 42,6 Mb
Release : 1993-03-10
Category : Law
ISBN : 0471546178

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Avoiding or Minimizing Construction Litigation by Jonathan J. Sweet Pdf

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.