State Laws and Regulations Governing Settlement of Highway Construction Contract Claims and Claim Disputes


Book Description

This report is a compilation of State constitutional, statutory, and administrative provisions governing the basis and procedures for bringing claims against State highway and transportation agencies arising out of and in the course of highway construction. Information for this report was obtained from State highway and transportation departments and Attorneys General, and is presented in State-by-State narrative summaries. Summaries for each State are presented in a format dealing with (1) legal status of sovereign immunity rules regarding proceedings against State agencies for construction contract claims; (2) departmental administrative regulations governing review and determination of claims by the highway agency; (3) legislation or regulations governing proceedings on appeal from departmental decisions to special boards or commissions, or to arbitration; and (4) legislation prescribing procedure for litigation of construction contract claims in regular or sepcial courts. Citations to legislative authority and pertinent court decisions are noted. Summaries cover all States and the District of Columbia.







Resolution of Disputes to Avoid Construction Claims


Book Description

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.




Construction Contract Claims


Book Description

"This synthesis will be of special interest to construction engineers, contract administrators, lawyers, and others seeking information on settlement of highway construction contract claims. The most common types of claims are identified and settlement procedures are discussed."--Avant-propos.




Construction Claims


Book Description

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.




State-by-state Guide to Construction Contracts and Claims


Book Description

State-by-State Guide to Construction Contracts and Claims provides a practical, state-by-state analysis of legal issues affecting architects, engineers, project owners, and construction contractors. Included are in-depth treatments of design and construction issues for all 50 states, Washington, D.C., and Puerto Rico. Updated annually, this essential sourcebook covers each state in its own separate chapter written by leading construction industry attorneys from that jurisdiction, making it easy to find answers quickly for your jurisdictions. You'll find expert answers to such questions as: Are contract clauses that waive a potential claimant's statutory lien rights enforceable in your jurisdiction? Can you enforce 'pay-if-paid' and 'pay-when-paid' contract clauses in your jurisdiction? is there a leading case or statute in your jurisdiction that specifically discusses the elements of a claim for breach of contract? is there a leading case or statute in your jurisdiction that specifically addresses the elements of a claim for ordinary negligence, gross negligence, or professional negligence? What are the most common theories of recovery in the design and construction claim setting in a particular jurisdiction? What damages are recoverable in the context of design and construction claims in a particular jurisdiction? Designed to assist you in managing any type of litigation situation, The State-by-State Guide to Construction Contracts and Claims offers expert explanations and analyses of the full range of contract and claim topics.




Public Roads


Book Description







Construction Disputes


Book Description

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.




Avoiding or Minimizing Construction Litigation


Book Description

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.