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Author : Paula Gerber,B. J. Ong Publisher : Unknown Page : 493 pages File Size : 42,6 Mb Release : 2013 Category : Construction industry ISBN : 0409333077
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.
National Research Council,Division on Engineering and Physical Sciences,Board on Infrastructure and the Constructed Environment,Federal Facilities Council
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 : 50,9 Mb Release : 2007-10-09 Category : Technology & Engineering ISBN : 9780309179980
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.
Dispute Resolution in the Construction Industry by Nicholas Gould Pdf
This title works its way through the spectrum of dispute resolution techniques, negotiation, mediation and conciliation, expert determination, adjudication, arbitration, litigation and more.
Construction Dispute Resolution Handbook by Robert Silver,Gary T. Furlong Pdf
"This best practices manual will show you how to use alternative dispute resolution to handle construction disputes. Construction mediation experts Silver and Furlong explain strategies for minimizing conflict before, during and after a project. You'll achieve solutions faster, save significant amounts of money, and maintain business relationships for future projects."--Pub. desc.
Author : Barry B. Bramble,Mark D. Cipollini Publisher : Transportation Research Board Page : 52 pages File Size : 42,6 Mb Release : 1995 Category : Law ISBN : NWU:35556025712621
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.
The Expert Witness in Construction by Robert Horne,John Mullen Pdf
The role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome. The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner. The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to: help and guide professionals new to the arena of expert evidence; act as a resource for those already acting as Experts; assist party representatives looking for best practice guidance on the instruction of Experts; and provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case. Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented. Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.
Author : American Society of Civil Engineers Publisher : American Society of Civil Engineers Page : 104 pages File Size : 43,9 Mb Release : 1991 Category : Law ISBN : UOM:39015019482747
Dispute Resolution in the Construction Industry by Nicholas Gould Pdf
"The challenges facing all members of the construction industry are enormous, but not unachievable... I am confident that the ACE Client Guide 2000 will help all members of the construction industry, whether consulting engineers, architects, surveyors, contractors and their clients, better understanding the challenges facing us and encourage appropriate actin to be taken" Jim Dawson, ACE Chairman 1999-2000. Providing an overview of the market, its structures and external influences, this invaluable guide will help members of the construction supply chain to understand their clients' business needs and equip them to invest appropriately for current and future market developments and take advantage of emerging opportunities. The ACE Client Guide 2000 has been prepared in the ligth of feedback on the first edition, which was published in November 1998, and developments both within the construction industry and in the wider economy over the past 12 months, the facts, perceptions, commentary and sources set out in the ACE Client Guide 2000 provide a basis for individual firms to examine: - What to do - Why they do it - How they do it - How well they do it - Where improvements could be made - How such improvements could be achieved
Managing Construction Litigation by Stuart H. Teger Pdf
Managing Construction Litigation is an authoritative, insider's perspective on best practices for litigating construction disputes. Featuring partners from some of the nation's leading law firms, these experts guide the reader through the intricacies of a construction dispute, including the client's role in the process, ADR provisions, and settlement considerations. These top lawyers give tips on dealing with some of the most challenging aspects of litigation, including managing documentation, recreating a timeline, and working with witnesses and experts. Additionally, these leaders reveal their strategies for avoiding litigation and discuss recent trends in construction disputes. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving field.
Construction Disputes by Thomas J. Kelleher,Brian G. Corgan,William E. Dorris Pdf
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.
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
Construction Dispute Resolution by Aspatore Books Pdf
Construction Dispute Resolution provides an authoritative, insiders perspective on best practices for handling construction disputes. Featuring partners from some of the nations leading law firms, this book guides the reader through the current construction law climate and highlights the influential trends and cases that attorneys need to be aware of. These top lawyers present a detailed examination of the common construction disputes that arise and the various options for resolving them, with a focus on implementing innovative and cost-effective case strategies, revealing solutions to possible complications, creating a positive dispute resolution environment, and minimizing and avoiding disputes. From conducting detailed client interviews and ascertaining dispute goals to preparing clients and explaining the cost-benefit analysis, these authors provide advice for interacting with clients during the dispute process and keeping them focused and objective. Additionally, these leaders address the impact of the economy on construction law, unveil predictions for the future of the practice area, and discuss how to keep abreast of change. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this dynamic field.
Negotiating Construction Law Disputes by Aspatore Books Pdf
Negotiating Construction Law Disputes is an authoritative, insiders perspective on best practices for understanding and resolving the common issues that arise in construction disputes. Featuring partners and chairs from some of the nations leading law firms, these experts guide the reader through developing a client strategy, drafting contracts, and minimizing risks. From analyzing contract language to understanding the relationships of various parties involved, these leaders offer expertise on evaluating the scope of a contract, understanding a contractor's performance obligations, analyzing contract provisions, and identifying the source of project delays. These top experts offer a clear understanding of the various local, state, and federal laws involved that surround issues such as building codes, ordinances, zoning, and the environment. Additionally, these top lawyers give tips on evaluating insurance and indemnification, maximizing mediation and arbitration, and forecasting current trends. Finally, these experts evaluate the role of the owner and design professional, general contractor, subcontractors, government agencies, and the lawyer. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to navigating an increasingly-enforced and ever-changing area of law.
The Law of Construction Disputes by Cyril Chern Pdf
The Law of Construction Disputes covers the construction dispute process by analysing the main areas that can lead to disputes and how to effectively deal with them once they have arisen. The book combines theory and practice along with exact excerpts of the leading case decisions covering the entire spectrum of construction law and the disputes that arise.
The Expert Witness in Construction Disputes by Michael P. Reynolds Pdf
The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings. The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert arises where the parties can save time and money. There is greater flexibility in arbitration under the Arbitration Act 1996 and a need for expert evidence in the statutory process of adjudication. This book takes account of all these changes, taking the expert stage by stage through his or her duties, from the investigation, preparation and exchange of expert reports, disclosure of documents, the importance of different types of evidence, to preparation for the hearing itself and the giving of oral evidence. The appendices feature appropriate references to the Civil Procedure Rules, guidelines for experts, protocols and other materials of practical interest. Throughout, reference is made to relevant case law.
