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Best Practice in Construction Disputes

Best Practice in Construction Disputes
Author: Paula Gerber
Publisher:
Total Pages: 493
Release: 2013
Genre: Construction industry
ISBN: 9780409333077

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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.


Resolution of Disputes to Avoid Construction Claims

Resolution of Disputes to Avoid Construction Claims
Author: Barry B. Bramble
Publisher: Transportation Research Board
Total Pages: 52
Release: 1995
Genre: Law
ISBN: 9780309058582

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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.


Reducing Construction Costs

Reducing Construction Costs
Author: National Research Council
Publisher: National Academies Press
Total Pages: 68
Release: 2007-10-09
Genre: Technology & Engineering
ISBN: 030917998X

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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.


Conflict in Construction

Conflict in Construction
Author: Jeffery Whitfield
Publisher: John Wiley & Sons
Total Pages: 185
Release: 2012-07-12
Genre: Technology & Engineering
ISBN: 1118298691

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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.


Introduction to Construction Dispute Resolution

Introduction to Construction Dispute Resolution
Author: Feniosky Pena-Mora
Publisher:
Total Pages: 296
Release: 2003
Genre: Arbitration and award
ISBN:

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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.


Avoiding or Minimizing Construction Litigation

Avoiding or Minimizing Construction Litigation
Author: Jonathan J. Sweet
Publisher: John Wiley & Sons
Total Pages: 478
Release: 1993-03-10
Genre: Law
ISBN: 9780471546177

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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.


Avoiding and Resolving Disputes

Avoiding and Resolving Disputes
Author: Bart Kavanagh
Publisher: Routledge
Total Pages: 127
Release: 2019-07-25
Genre: Architecture
ISBN: 1000701395

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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.


Resolving Construction Disputes

Resolving Construction Disputes
Author: Diana Holtham
Publisher: Chartridge Books Oxford
Total Pages: 189
Release: 1999
Genre: Technology & Engineering
ISBN: 1902375319

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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