Construction Dispute Review Board Manual


Book Description

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.




Dispute Board Manual


Book Description

An authoritative explanation of the Dispute Board (DB) process and a reference guide for users of the process throughout the world. The guide addresses the fundamentals of successful DBs and their important role in both avoiding and resolving disputes among the contracting parties on large and complex projects.




AAA Handbook on Construction Arbitration and ADR - Second Edition


Book Description

Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.




Completing the "Big Dig"


Book Description

Boston's Central Artery/Tunnel Project, a 7.8 mile system of bridges and underground highways and ramps, is the most expensive public works project ever undertaken in the United States. The original cost estimate of $2.6 billion has already been exceeded by $12 billion, and the project will not be completed until 2005, seven years late. The Massachusetts Turnpike Authority (MTA), the public steward of the project, requested that the National Research Council carry out an independent assessment of the project's management and contract administration practices, with a focus on the present situation and measures that should be taken to bring the project to a successful conclusion. This report presents the committee's findings and recommendations pertaining to cost, scheduling, and transitioning from the current organization dominated by consultants to an operations organization composed largely of full-time MTA staff. The report recommends that MTA establish an external, independent, peer-review program to address technical and management issues until the transition to operations and maintenance is complete; begin a media campaign now to teach drivers how to use the new system safely; and develop, immediately implement, and maintain a comprehensive security program.




Managing Transit Construction Contract Claims


Book Description

Offers information from selected transit agencies about the underlying causes of construction disputes and practices in use today to identify and resolve them before they become formal claims. The synthesis focuses on avoidance and resolution of disputes, examines ways of settling disputes at their inception, and considers the experiences of the transit industry in the use of alternative dispute resolution techniques.




ICE Dispute Resolution Board Procedure


Book Description

Dispute Resolution Boards (DRB)s are a "job-site" form of dispute avoidance and resolution. DRBs have proven an effective, economic and user-friendly method of avoiding the extensive costs and diversions of resources usually associated with dispute resolution in the construction and engineering industries. Usually consisting of three experienced, respected and independent Adjudicators, the DRB is the generic phrase used to include Dispute Adjudication Boards, Dispute Review Boards and Panels and Dispute Conciliation Boards. The DRB is established at the commencement of a project. The Members are kept abreast of project activities by receipt of routine reports and periodic visits to the job-site. When inter-party negations reach deadlock disputes and claims are referred to the DRB at project level. The ICE has drafted this procedure to be used in conjunction with all standard forms of contract and for use both within the UK and internationally. Two alternative procedural rules are contained in this document. One has been devised for use on international projects and UK contracts which are not subject to the provisions of the Housing Grants, Construction and Regeneration Act 1996 (the Act) and the other is in full compliance with the Act. These procedures and rules may need to be modified to comply with any statutory requirements in the applicable jurisdiction. The ICE maintains a list of DRB Members, each of whom has been suitably trained and assessed by the ICE's Conciliation and Adjudication Advisory Panel (CAAP) as being qualified, experienced and capable of acting on DRBs in the UK and/or overseas. This List is available from the ICE website at: www.ice.org.uk/law Upon application, the ICE will appoint DRB Members from the published list. Application forms for such appointments are included within this document and are also available from the DAS or from the above website. Contained in these procedures are the following documents: - ICE Dispute Resolution Procedure Rules: Alternative One: For use on International Projects and UK Contracts which are not subject to the provisions of the UK Housing Grants Construction and Regeneration Act 1996 - ICE Dispute Resolution Procedure Rules: Alternative Two: UK Housing Grants, Construction and Regeneration Act 1996 (Act) Compliant - Dispute Resolution Board Agreeement - Tripartite Agreement (TPA) - Application for the appointment of a DRB Member or chairman - Requirements and application procedures for persons wishing to be considered for inclusion in the ICE's List of DRB Members - Requirements for DRB Member's Continuing Professional Development Criteria for entry to the ICE List of DRB members are available by application to the Disputes Administration Service (DAS) of the ICE or can be downloaded from the above website.




Recommended Contract Practices for Underground Construction


Book Description

Underground construction is more complex than ever. Demand for space is increasing, new technologies are constantly evolving, and more stakeholders are asserting influence. Yet one of the most challenging and frustrating characteristics of underground construction remains: often, contract language does not account for the unique nature of building underground. Recommended Contract Practices for Underground Construction is the first industry-wide effort to improve contract procedures in more than 30 years. Commissioned by the Underground Construction Association of the Society for Mining, Metallurgy, and Exploration, this manual is an indispensable resource for contractors, consultants, suppliers, and owners anticipating underground projects. The authors suggest better practices during all stages of a project, when decisions are made that can affect the contract positively or negatively. Part one focuses on the practices and disciplines that build the foundation for effective contracts during the early phases of a project. Part two discusses best practices for contract provisions, payment mechanisms, and dispute resolution. By following these recommendations, you'll reduce the mistrust and costly disputes that often arise from the contract process. The result will be improved relationships, better contracts, and, most importantly, projects that are most cost-effective for owners and more profitable for contractors.




Conflict Management Guidebook


Book Description




Alternative Dispute Resolution


Book Description

This book examines various ADR practices, giving you the information you need to evaluate each technique and successfully apply them. Includes numerous checklists, practice tips and sample agreements.




Tunnel Engineering Handbook


Book Description

The Tunnel Engineering Handbook, Second Edition provides, in a single convenient volume, comprehensive coverage of the state of the art in the design, construction, and rehabilitation of tunnels. It brings together essential information on all the principal classifications of tunnels, including soft ground, hard rock, immersed tube and cut-and-cover, with comparisons of their relative advantages and suitability. The broad coverage found in the Tunnel Engineering Handbook enables engineers to address such critical questions as how tunnels are planned and laid out, how the design of tunnels depends on site and ground conditions, and which types of tunnels and construction methods are best suited to different conditions. Written by the leading engineers in the fields, this second edition features major revisions from the first, including: * Complete updating of all chapters from the first edition * Seven completely new chapters covering tunnel stabilization and lining, difficult ground, deep shafts, water conveyance tunnels, small diameter tunnels, fire life safety, tunnel rehabilitation and tunnel construction contracting *New coverage of the modern philosophy and techniques of tunnel design and tunnel construction contracting The comprehensive coverage of the Tunnel Engineering Handbook makes it an essential resource for all practicing engineers engaged in the design of tunnels and underground construction. In addition, the book contains a wealth of information that government administrators and planners and transportation officials will use in the planning and management of tunnels.