Avoiding or Minimizing Construction Litigation

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Publisher : John Wiley & Sons
ISBN 13 : 9780471546177
Total Pages : 478 pages
Book Rating : 4.5/5 (461 download)

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Book Synopsis Avoiding or Minimizing Construction Litigation by : Jonathan J. Sweet

Download or read book Avoiding or Minimizing Construction Litigation written by Jonathan J. Sweet and published by John Wiley & Sons. This book was released on 1993-03-10 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reducing Construction Costs

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Publisher : National Academies Press
ISBN 13 : 030917998X
Total Pages : 68 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Reducing Construction Costs by : National Research Council

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.

Resolution of Disputes to Avoid Construction Claims

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Publisher : Transportation Research Board
ISBN 13 : 9780309058582
Total Pages : 52 pages
Book Rating : 4.0/5 (585 download)

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Book Synopsis Resolution of Disputes to Avoid Construction Claims by : Barry B. Bramble

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.

Best Practice in Construction Disputes

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Publisher :
ISBN 13 : 9780409333077
Total Pages : 493 pages
Book Rating : 4.3/5 (33 download)

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Book Synopsis Best Practice in Construction Disputes by : Paula Gerber

Download or read book Best Practice in Construction Disputes written by Paula Gerber and published by . This book was released on 2013 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Avoiding and Resolving Disputes During Construction

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Publisher : American Society of Civil Engineers
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Avoiding and Resolving Disputes During Construction by : American Society of Civil Engineers

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:

Conflict in Construction

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Publisher : John Wiley & Sons
ISBN 13 : 1118298691
Total Pages : 185 pages
Book Rating : 4.1/5 (182 download)

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Book Synopsis Conflict in Construction by : Jeffery Whitfield

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.

Construction Litigation

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Publisher : Wolters Kluwer
ISBN 13 : 0735549508
Total Pages : 570 pages
Book Rating : 4.7/5 (355 download)

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Book Synopsis Construction Litigation by : Robert F. Cushman

Download or read book Construction Litigation written by Robert F. Cushman and published by Wolters Kluwer. This book was released on 1995-12-31 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of authors who are not only experienced in resolving construction disputes, but also are known and respected for their expertise in specific areas commonly encountered in construction litigation, Construction Litigation: Representing the Owner is an ideal reference and resource. Intended primarily to assist attorneys, this book also provides a useful desk reference to anyone whose activities touch a long-term contract matters and provides a solid frame-work for understanding how actions may affect this important part of operations.

Construction Dispute Review Board Manual

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Publisher : McGraw-Hill Professional Publishing
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Construction Dispute Review Board Manual by : Robert M. Matyas

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.

Introduction to Construction Dispute Resolution

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Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Introduction to Construction Dispute Resolution by : Feniosky Pena-Mora

Download or read book Introduction to Construction Dispute Resolution written by Feniosky Pena-Mora and published by . This book was released on 2003 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Construction Disputes

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Publisher : Wolters Kluwer
ISBN 13 : 9780735530089
Total Pages : 522 pages
Book Rating : 4.5/5 (3 download)

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Book Synopsis Construction Disputes by : Thomas J. Kelleher

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.

Smith, Currie & Hancock's Common Sense Construction Law

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Publisher : John Wiley & Sons
ISBN 13 : 1119540178
Total Pages : 773 pages
Book Rating : 4.1/5 (195 download)

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Book Synopsis Smith, Currie & Hancock's Common Sense Construction Law by : John M. Mastin

Download or read book Smith, Currie & Hancock's Common Sense Construction Law written by John M. Mastin and published by John Wiley & Sons. This book was released on 2019-10-01 with total page 773 pages. Available in PDF, EPUB and Kindle. Book excerpt: The #1 construction law guide for construction professionals Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate risks—whether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems. Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more. Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD) Presents new coverage of digital tools and processes including Electronically Stored Information (ESI) Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting Filled with checklists, sample forms, and summary “Points to Remember” for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.

Construction Dispute Resolution

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Publisher : Aspatore Books
ISBN 13 : 9780314273451
Total Pages : 0 pages
Book Rating : 4.2/5 (734 download)

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Book Synopsis Construction Dispute Resolution by : Aspatore Books

Download or read book Construction Dispute Resolution written by Aspatore Books and published by Aspatore Books. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Smith, Currie and Hancock's Common Sense Construction Law

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Publisher : John Wiley & Sons
ISBN 13 : 1118858107
Total Pages : 897 pages
Book Rating : 4.1/5 (188 download)

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Book Synopsis Smith, Currie and Hancock's Common Sense Construction Law by : Thomas J. Kelleher, Jr.

Download or read book Smith, Currie and Hancock's Common Sense Construction Law written by Thomas J. Kelleher, Jr. and published by John Wiley & Sons. This book was released on 2014-12-22 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cut through the legalese to truly understand construction law Smith, Currie & Hancock's Common Sense Construction Law is a guide for non-lawyers, presenting a practical introduction to the significant legal topics and questions affecting the construction industry. Now in its fifth edition, this useful guide has been updated to reflect the most current developments in the field, with new information on Public Private Partnerships, international construction projects, and more. Readers will find full guidance toward the new forms being produced by the AIA, AGC, and EJDC, including a full review, comparison to the old forms, areas of concern, and advice for transitioning to the new forms. The companion website features samples of these documents for ease of reference, and end of chapter summaries and checklists help readers make use of the concepts in practice. The updated instructor support material includes scenario exercises, sample curriculum, student problems, and notes highlighting the key points student responses should contain. Construction is one of the nation's single largest industries, but its fractured nature and vast economic performance leave it heavily dependent upon construction law for proper functioning. This book is a plain-English guide to how state and federal law affects the business, with practical advice on avoiding disputes and liability. Understand construction law without wading through legal theory Get information on an emerging method of funding large-scale projects Parse the complexities presented by international and overseas projects Migrate to the new AIA, AGC, and EJDC forms smoothly and confidently This book doesn't cover legal theory or serve as a lawyer's guide to case law and commentary – its strength is the clear, unaffected common-sense approach that caters to the construction professional's perspective. For a better understanding of construction law, Smith, Currie & Hancock's Common Sense Construction Law is an efficient reference.

Avoiding & Resolving Construction Claims

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Author :
Publisher : R.S. Means Company
ISBN 13 :
Total Pages : 256 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Avoiding & Resolving Construction Claims by : Barry B. Bramble

Download or read book Avoiding & Resolving Construction Claims written by Barry B. Bramble and published by R.S. Means Company. This book was released on 1990 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Causation and Delay in Construction Disputes

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Publisher : John Wiley & Sons
ISBN 13 : 0470759348
Total Pages : 320 pages
Book Rating : 4.4/5 (77 download)

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Book Synopsis Causation and Delay in Construction Disputes by : Nicholas J. Carnell

Download or read book Causation and Delay in Construction Disputes written by Nicholas J. Carnell and published by John Wiley & Sons. This book was released on 2008-08-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building contract claims for more time on projects represent one of the largest sources of dispute within the industry. However, identifying the causes of delays, and the effects they have on the project, is often difficult and the burden on the party seeking to prove delay is a heavy one. This book provides the construction professional with an analysis of how construction projects become delayed, the practical measures which can be taken to avoid such delays, and how the parties can protect their positions in the face of delays. It goes on to look at the requirements for producing a successful claim. It provides a straightforward guide to the legal issues, and also considers how the effects of delays can most practically be addressed. The Second Edition takes account of new case law since 1999, and has new sections on adjudication, risk allocations and the Society of Construction Law Delay Protocol. Very well received when it was first published, the book is aimed particularly at contractors, project managers and senior surveyors, but will also be of interest to construction lawyers.

Construction Claims

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Publisher : John Wiley & Sons
ISBN 13 : 9780471348634
Total Pages : 424 pages
Book Rating : 4.3/5 (486 download)

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Book Synopsis Construction Claims by : Robert A. Rubin

Download or read book Construction Claims written by Robert A. Rubin and published by John Wiley & Sons. This book was released on 1999-07-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for the Second Edition . . . "A basic, how-to guide . . . for all those involved in the construction industry."--The Construction Lawyer "This book is indispensable for any contractor who, against his better judgment, bids a fixed price contract . . . highly recommended."--David S. Thaler, The Daily Record "Particularly useful to the construction contractor [and] also instructive to owners and design professionals."--Journal of Performance of Constructed Facilities "Practical advice on how to prevent a dispute--from the moment that the contract preparation begins through performance by the contractor and administration by the owner."--Concrete International Over two successful editions, Construction Claims has become the sourcebook of choice on the subject for construction professionals from all areas of the industry. Now extensively updated, the Third Edition includes new material on design/build implications for construction; dispute review boards and their proper use; partnering to avoid disputes; and federal and relevant state environmental regulations. Written by a prestigious and experienced author team, it uses an accessible, step-by-step approach that follows the contracting process from start to finish, with detailed coverage of provisions of the law, "red flag" contract clauses, and documentation issues and procedures. It also addresses the key aspects of prosecuting and defending claims, from claims presentation to formal dispute resolution. Complete with dozens of new forms and checklists, plus case histories, mini-cases, and more, this edition is an essential resource for anyone involved in construction and the law.

Resolving Construction Disputes

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Author :
Publisher : Chartridge Books Oxford
ISBN 13 : 1902375319
Total Pages : 189 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Resolving Construction Disputes by : Diana Holtham

Download or read book Resolving Construction Disputes written by Diana Holtham and published by Chartridge Books Oxford. This book was released on 1999 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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