Insurance Claims & Disputes


Book Description




Claims, Disputes and Litigation Involving BIM


Book Description

Are you unsure about: the current US legal environment with respect to BIM and VDC? the evolving standards of care for design and construction professionals using BIM and VDC? what practical methods and techniques can be used for analyzing construction claims and disputes involving BIM technologies and VDC processes? Building Information Modeling (BIM) technologies and Virtual Design and Construction (VDC) processes are aggressively and fundamentally changing the design, construction and operation of buildings. Supporters of BIM have highlighted the potential these technologies have to reduce the need for claims, disputes and litigation, but evidence from several early sources shows they are not universally successful in this. This timely and unique book provides crucial new methods for analyzing construction disputes in this emerging AEC technological landscape. It explains how BIM & VDC has significantly altered the production and delivery of construction drawings, quantity surveys, and schedules, and how these changes might impact construction disputes. The findings and advice in this book are indispensable to any stakeholder in a construction project using BIM. It will help Contractors, Cost Managers, Architects, Building Designers, Quantity Surveyors, and Project Managers to navigate and understand their responsibilities and exposure to risk when working with this new technology.







Making Money Talk


Book Description

Learn how to deal with the peculiar problems of traditional bargaining through proven models and techniques that will help you to: Gain a better understanding of the dynamics of money negotiations, Identify the recurring problems presented in the negotiation of insured claims, Arm yourself with new tools to move beyond impasse, Build a model of the mediation process that assists when traditional bargaining is unavoidable, Help the parties in traditional bargaining in a facilitative, rather than a directive way. Book jacket.




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.




Insurance Disputes


Book Description

Written by an impressive team of specialist contributors, Insurance Dispute is the authoritative guide to litigation for both the insurer and the insured. Divided into two parts – principles of law and their practical use in individual types of insurance, it aims to identify and resolve questions such as: • How should the claimant handle a dispute? • Is the claim within the cover? • When should an insurer dispute cover? • What steps can an insurer take to deny cover? Updated and revised to include new chapters on marine insurance, the Financial Ombudsman Service and ATE insurance, Insurance Disputes is essential reading for anyone involved in insurance law and litigation.







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 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.




Resolving Mass Disputes


Book Description

Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.