Best Practice in Construction Disputes


Book Description

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.




Reducing Construction Costs


Book Description

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.




Construction Dispute Resolution Handbook


Book Description

"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.







Construction Arbitration and Alternative Dispute Resolution


Book Description

This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.




Construction Claims and Responses


Book Description

A practical, step-by-step guide on how to prepare and respond to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up a fully detailed claim submission. It includes advice on: Contract administration for claims and claims avoidance. Identifying the various types of claim. The key points for an effective claim or response document. The essential elements to be included in a claim or response. Extension of time claims. Claims for additional payment. Principles of delay analysis. Quantum calculations. Responses and determinations to achieve agreement and avoid disputes. A note on dispute boards. The advice given in the book is supported by worked examples of typical claims and responses with sample wording. The book includes a foreword by Roger Knowles, who has this to say: “The book is without a doubt fully comprehensive and goes though the preparation of a claim from A to Z. I have no hesitation in recommending it to students, beginners, those involved on a day-to-day basis with time and cost on projects, as well as the seasoned claims consultants”. This book is suitable for contracts managers, commercial managers, project managers, quantity surveyors, engineers and architects. A practical, step-by-step guide on how to prepare and respond to construction claims. Everyone involved in the preparation or review of construction claims should have this book to hand. The book examines the different types of claim common to construction contracts and presents a step-by-step guide to demonstrate the process of building up a fully detailed claim submission. It includes advice on: Contract administration for claims and claims avoidance. Identifying the various types of claim. The key points for an




Delay and Disruption in Construction Contracts


Book Description

Delay and disruption in the course of construction impacts upon building projects of any scale. Now in its 5th edition Delay and Disruption in Construction Contracts continues to be the pre-eminent guide to these often complex and potentially costly issues and has been cited by the judiciary as a leading textbook in court decisions worldwide, see, for example, Mirant v Ove Arup [2007] EWHC 918 (TCC) at [122] to [135] per the late His Honour Judge Toulmin CMG QC. Whilst covering the manner in which delay and disruption should be considered at each stage of a construction project, from inception to completion and beyond, this book includes: An international team of specialist advisory editors, namely Francis Barber (insurance), Steve Briggs (time), Wolfgang Breyer (civil law), Joe Castellano (North America), David-John Gibbs (BIM), Wendy MacLaughlin (Pacific Rim), Chris Miers (dispute boards), Rob Palles-Clark (money), and Keith Pickavance Comparative analysis of the law in this field in Australia, Canada, England and Wales, Hong Kong, Ireland, New Zealand, the United States and in civil law jurisdictions Commentary upon, and comparison of, standard forms from Australia, Ireland, New Zealand, the United Kingdom, USA and elsewhere, including two major new forms New chapters on adjudication, dispute boards and the civil law dynamic Extensive coverage of Building Information Modelling New appendices on the SCL Protocol (Julian Bailey) and the choice of delay analysis methodologies (Nuhu Braimah) Updated case law (to December 2014), linked directly to the principles explained in the text, with over 100 helpful "Illustrations" Bespoke diagrams, which are available for digital download and aid explanation of multi-faceted issues This book addresses delay and disruption in a manner which is practical, useful and academically rigorous. As such, it remains an essential reference for any lawyer, dispute resolver, project manager, architect, engineer, contractor, or academic involved in the construction industry.




The Construction Contracts Book


Book Description

"Annotated analysis and comparison of the AI, ConsensusDocs, and EJCDC contract forums"--