Showing papers in "Journal of Legal Affairs and Dispute Resolution in Engineering and Construction in 2020"
TL;DR: This paper focuses on contract documents, a critical legal component of a construction project that specify all wishes and expectations of the owner toward the design, construction, and handover of a project.
Abstract: Contract documents are a critical legal component of a construction project that specify all wishes and expectations of the owner toward the design, construction, and handover of a project....
52 citations
TL;DR: This research highlights the need to understand more fully the rationale behind the high level of uncertainty in the estimation of project complexity in the management of complex projects.
Abstract: Experts believe that project performance ultimately suffers because of complexity issues. Although some studies have focused on identifying leading project complexity indicators (CIs), the ...
32 citations
TL;DR: In this article, the authors show that construction disputes can be instigated by several factors that are interrelated, and they focus on examining individual factors without revealing the underlying causal factors that cause them.
Abstract: Construction disputes can be instigated by several factors that are interrelated. Past studies on dispute causal factors mainly focused on examining individual factors without revealing the...
28 citations
TL;DR: In the last few decades, the topic of alternate forms of dispute resolution in construction projects has received considerable interest from researchers and practitioners because of the impropriety of traditional dispute resolution.
Abstract: In the last few decades, the topic of alternate forms of dispute resolution in construction projects has received considerable interest from researchers and practitioners because of the imp...
26 citations
TL;DR: In this article, Dispute resolution practices in Nepal are different from the ones in developed countries in terms of resource consumption, resource consuming, and expensive, but they are inevitable in construction contracts.
Abstract: Disputes are unpleasant, resource consuming, and expensive, but they are inevitable in construction contracts. Dispute resolution practices in Nepal are different from the ones in developed...
23 citations
TL;DR: This work presents a meta-analysis of 124 studies on how selection of a project delivery method based on distinct characteristics, desired goals, institutional constraints, and the correct allocation of risk affects the effectiveness of the method.
Abstract: The effectiveness of a project delivery method selection depends on distinct characteristics, desired goals, institutional constraints, and the correct allocation of risk. The selection of ...
21 citations
TL;DR: In this article, contract change orders (CCO) are defined as changes in construction work or scope that alter the original contract, which is an interesting topic in the discipline of construction contract management.
Abstract: Contract change orders (CCOs) are an interesting topic in the discipline of construction contract management. CCOs are changes in construction work or scope that alter the original contract...
21 citations
TL;DR: Public-private partnership (PPP) projects came to prominence with the launch of the National Highway Development Project in India in 1998 as discussed by the authors, and since then, the PPP procurement approach to servic...
Abstract: Public–private partnership (PPP) projects came to prominence with the launch of the National Highway Development Project in India in 1998. Since then, the PPP procurement approach to servic...
20 citations
TL;DR: The treatment of liquidated damages (LD) and penalty clauses depends on the applicable laws under which the contract is construed as mentioned in this paper, although many attempts have been contemplated to unify the two types of clauses.
Abstract: The treatment of liquidated damages (LD) and penalty clauses depends on the applicable laws under which the contract is construed. Although many attempts have been contemplated to unify the...
20 citations
TL;DR: Collaboration among project participants, specifically between main contractor and subcontractor, is an essential element for efficient project delivery as discussed by the authors. But, as shown from the literature, it may not always be the case.
Abstract: Collaboration among project participants, specifically between main contractor and subcontractor, is an essential element for efficient project delivery. Observation from the literature sug...
18 citations
TL;DR: In this article, the authors present a change-order management approach for highway construction change orders and associated cost growth, which can be a challenge for highway agencies and is a topic of interest for both practitioners and researchers.
Abstract: Controlling construction change orders and associated cost growth can be a challenge for highway agencies and is a topic of interest for both practitioners and researchers. Change-order man...
TL;DR: The construction industry is notorious for its litigious nature, where disputes among various stakeholders have long been considered the norm as discussed by the authors. Disputes adversely impact the cost and time of construction.
Abstract: The construction industry is notorious for its litigious nature, where disputes among various stakeholders have long been considered the norm. Disputes adversely impact the cost and time of...
TL;DR: In traditional design-bid construction projects, it is common to find employers shifting all risk allocation and power distribution as mentioned in this paper, and the perception of unfairness stems from disproportionate risk allocation.
Abstract: Perception of unfairness stems from disproportionate risk allocation and power distribution. In traditional design-bid construction projects, it is common to find employers shifting all ris...
TL;DR: In this paper, the authors investigated whether the adoption of practices related to integrated project delivery (IPD) process may bring about better performance of construction projects in Singapore, and found that such practices may improve the performance of the construction projects.
Abstract: This case study investigates whether the adoption of practices related to integrated project delivery (IPD) process may bring about better performance of construction projects in Singapore....
TL;DR: A public-private partnership (PPP) is a contractual agreement between public-sector and private-sector partners allowing more private sector participation than is traditional as discussed by the authors, which is a type of cooperation.
Abstract: A public–private partnership (PPP) is a contractual agreement between public-sector and private-sector partners allowing more private-sector participation than is traditional. The literatur...
TL;DR: In this paper, the interactions between the different parties in construction projects are dictated by the contractual terms governing their relationship, and the largest portion of construction work is underwritten by contracts.
Abstract: The interactions between the different parties in construction projects are dictated by the contractual terms governing their relationship. The largest portion of construction work is under...
TL;DR: This work presents a meta-analysis of contract provisions related to delay and extension of time in construction contracts that shows clear trends in how these provisions are written and presented.
Abstract: Contractual provisions related to delay and extension of time are often written in difficult language or presented in a scattered manner in construction contracts. This could lead to confus...
TL;DR: In this paper, the authors discuss the use of alternative project delivery methods, such as the lump-sum design-build (DB) method, for airport project delivery in the US.
Abstract: Changes in legislation and increases in the complexity of airport projects have led owners to expand the use of alternative project delivery methods, such as the lump-sum design-build (DB) ...
TL;DR: A 2011 investigation into corruption in the construction industry in Quebec, known as the Charbonneau Commission, reached the startling conclusion that the traditional low bid procurement process was corrupt as mentioned in this paper.
Abstract: A 2011 investigation into corruption in the construction industry in Quebec, known as the Charbonneau Commission, reached the startling conclusion that the traditional low bid procurement s...
TL;DR: Innovation and technological developments are integral parts of the architecture, engineering, and construction (AEC) industry as discussed by the authors, and while AEC practitioners strive to have unique projects, there...
Abstract: Innovation and technological developments are integral parts of the architecture, engineering, and construction (AEC) industry. While AEC practitioners strive to have unique projects, there...
TL;DR: The timely completion of public construction projects is an essential consideration from social, economic, and political perspectives as discussed by the authors, however, the complex socioeconomic and political enviragement is complex and complex.
Abstract: The timely completion of public construction projects is an essential consideration from social, economic, and political perspectives. However, the complex socioeconomic and political envir...
TL;DR: In this article, change orders in general lead to delays in design-bid-build (DBB) projects, but none of the studies have determined such a relationship in design build.
Abstract: According to previous studies, change orders in general lead to delays in design-bid-build (DBB) projects. However, none of the studies have determined such a relationship in design-build (...
TL;DR: The concession period is a critical contractual parameters for public-private partnership (PPP) projects whose value can significantly influence the financial interests of project participa... as mentioned in this paper, and the concession period can be a critical parameter for PPP projects.
Abstract: The concession period is a critical contractual parameters for public-private partnership (PPP) projects whose value can significantly influence the financial interests of project participa...
TL;DR: This work states that but-for delay analysis is a popular technique used in practice and accepted by arbitration boards and courts, but misconceptions are common when the analysis results are interpreted.
Abstract: But-for delay analysis is a popular technique used in practice and accepted by arbitration boards and courts. However, misconceptions are common when the analysis results are interpreted fr...
TL;DR: In this article, the authors present a contractual mechanism for construction claims and disputes administration and tracking, which involves multiple gated stages and the progression of claims through such multiple gates.
Abstract: Contractual mechanisms devised for construction claims and disputes administration and tracking nowadays involve multiple gated stages. The progression of claims through such multiple gates...
TL;DR: In this article, a planning and execution approach called Advanced Work Packaging (AWP) is used for capital and industrial projects. But it is not suitable for large-scale projects.
Abstract: Project failures and disputes are not uncommon in the construction industry. Advanced work packaging (AWP) is a planning and execution approach popular for capital and industrial projects. ...
TL;DR: Progressive design-build (PDB) has been successfully administered and executed in the private, airport, transit, and water/wastewater sectors as discussed by the authors. But these sectors have experienced succes...
Abstract: Progressive design-build (PDB) has been successfully administered and executed in the private, airport, transit, and water/wastewater sectors. Although these sectors have experienced succes...
TL;DR: A large number of users of construction arbitration are concerned about persistent delays, and the existing literature has made little effort toward identifying the causes.
Abstract: Persistent delays remain a major concern to many users of construction arbitration. Despite concerted attempts to identify the causes, the existing literature has made little effort toward ...
TL;DR: In this article, the process of accurately calculating the damages incurred by the injured party is perceived to be burdensome, and the authors propose a method to calculate the damages in the case of schedule overruns.
Abstract: Schedule overruns are persistently observed in the construction industry, and the process of accurately calculating the damages incurred by the injured party is perceived to be burdensome. ...
TL;DR: In this article, the authors proposed a 5-year $287 billion bill to advance US surface transportation programs, which was later passed by the US House of Representatives and the Senate.
Abstract: Congress recently approved a 5-year $287 billion bill to advance US surface transportation programs. As such, many infrastructure transportation projects are expected to start soon. The con...