Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

Hawaii Superferry Plies and Dies

Karl Anforth and Amarjit Singh
The Hawaii Superferry was a novel idea brought to the Islands of Hawaii not only as a business venture, but also as a means of providing visitors and locals alike the opportunity to quickly and easily travel between the state's unique islands. As the project progressed, several unexpected yet critic ... [Journal of Legal Affairs and Dispute Resolution in Engineering and Construction doi:10.1061/(ASCE)LA.1943-4170.0000094] posted Sat Feb 4, 2012.

German Court Authorizes Seizure of Thai Prince's Plane in Pursuit of Arbitral Award

Walter Bau AG
German courts authorized the Crown Prince of Thailand's airplane impounded in pursuit of compensation from a case decided by an international arbitral tribunal in 2009. The arbitral tribunal decided in favor of an insolvent German construction firm, Walter Bau AG, which was contracted as part of a g ... [Journal of Legal Affairs and Dispute Resolution in Engineering and Construction doi:10.1061/(ASCE)LA.1943-4170.0000093] posted Tue Dec 27, 2011.

Call for Papers: Special Issue on Alternative Dispute Resolution for the Engineering and Construction Industry

Kris Nielsen and Michael R. Powell
Abstract not available. [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000084] published Fri Dec 16, 2011.

Contract Administration Guidelines for Managing Conflicts, Claims, and Disputes under World Bank Funded Projects

Salwa A. Fawzy and Islam H. El-adaway
Conflicts, claims, and disputes could be considered an unavoidable consequence of the construction process. The frequency and severity of conflicts, claims, and disputes can significantly increase under the World Bank funded projects where many multinational and multicultural stakeholders are involv ... [Journal of Legal Affairs and Dispute Resolution in Engineering and Construction doi:10.1061/(ASCE)LA.1943-4170.0000091] posted Wed Dec 14, 2011.

Construction Change: Likelihood, Severity and Impact on Productivity

William Ibbs
Change on construction projects is a regular occurrence and impedes project success for both the owner and contractor. Many articles have been written about change but few document in a reliable, quantitative way its prevalence, severity and impact on labor productivity. The purpose of this article ... [Journal of Legal Affairs and Dispute Resolution in Engineering and Construction doi:10.1061/(ASCE)LA.1943-4170.0000089] posted Thu Oct 20, 2011.

Contract Administration Guidelines for U.S. Contractors Working under World Bank Funded Projects

Salwa A. Fawzy and Islam H. El-adaway
Today's globalized construction industry requires more integration and collaboration between various multinational and multicultural stakeholders. Many U.S. contractors are involved in large-scale projects that are funded in whole or in part by the World Bank. These projects are managed through the ... [Journal of Legal Affairs and Dispute Resolution in Engineering and Construction doi:10.1061/(ASCE)LA.1943-4170.0000088] posted Fri Oct 7, 2011.

Measured Mile Principles

William Ibbs
Change is any addition, deletion or revision to the general scope of a contract. It may cause an adjustment to the contract price or contract time of a design or construction project. Many disputes arise out of change, and successful resolution of those disputes requires that three elements be evalu ... [Journal of Legal Affairs and Dispute Resolution in Engineering and Construction doi:10.1061/(ASCE)LA.1943-4170.0000087] posted Mon Sep 5, 2011.

Holding Homebuilders Liable for Personal Injury and Property Damage Caused by Defective Material: Chinese Drywall Case

Mehmet Emre Bayraktar, Clayton R. Owens, and Farrukh Arif
Faced with the stark reality that Chinese drywall manufacturers might not respond to American judgments, some homeowners affected by Chinese drywall excluded them from their lawsuits. Instead, these homeowners sought redress exclusively from homebuilders. This paper focuses on this unique approach o ... [Journal of Legal Affairs and Dispute Resolution in Engineering and Construction doi:10.1061/(ASCE)LA.1943-4170.0000086] posted Fri Aug 5, 2011.

Dispute between Finland and Denmark on Shipping through the Great Belt

Maja Caroee and Amarjit Singh
In May 1991, Finland filed an application with the International Court of Justice (ICJ) to institute proceedings against Denmark in regards to a planned fixed link across the Great Belt. Finland claimed that the construction of a bridge across the Great Belt would deny access to the North Sea from t ... [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000072] published Wed Aug 3, 2011.

Lessons Learned from Principled Negotiation in International Construction Projects

Z. Ren, G. Q. Shen, X. L. Xue, and W. F. Hu
Compared with other dispute resolution approaches, negotiation is still the easiest, most efficient, and most time- and cost-saving approach, if conducted appropriately. However, dispute resolution in international construction projects faces many unique challenges. This requires effective negotiati ... [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000055] published Wed Aug 3, 2011.

Trust and Distrust in Conflicting Situations: Legal Case Review of Antecedents of Distrust

Ellen Lau
It is considered that the root cause of a conflicting situation is trust and distrust relationships. To pursue effective negotiations, trust must be built and distrust managed. In the past 10 years, a lot has been studied about trust, but not much has been written about distrust. This paper uses a c ... [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000053] published Wed Aug 3, 2011.

Behavioral Studies of Project Dispute Negotiation in Engineering and Construction: Visit to Bandura's Self-Efficacy Theory

Tak Wing Yiu and Sai On Cheung
Abstract not available. [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000073] published Wed Aug 3, 2011.

Special Issue on Construction Dispute Negotiation: Nuts and Bolts of Negotiation as a Means of Construction Dispute Resolution

Sai On Cheung
Abstract not available. [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000076] published Wed Aug 3, 2011.

Collaborative Negotiation Behaviors in Thai Construction Projects

Chotchai Charoenngam and Wijittra Mahavarakorn
When construction contractors encounter difficulties and changes from what was originally stated in contract documents, fair and equitable adjustments are required. Owners use construction management (CM) consultants to act as primary negotiators on their behalf. Throughout project execution, seamle ... [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000047] published Wed Aug 3, 2011.

Influences of Personality on the Adoption of Conflict-Handling Styles and Conflict Outcomes for Facility Managers

Anita M. M. Liu and Xiaofeng Zhai
Although conflict can be both functional and dysfunctional, unresolved conflict results in dissatisfaction and stress, thus reducing efficiency and productivity. However, personality affects the ability to handle conflict. The relationships of personal traits (extraversion and agreeableness), confli ... [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000056] published Wed Aug 3, 2011.

The Art of Negotiation in Construction Contract Disputes

J. K. Yates
Abstract not available. [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000060] published Wed Aug 3, 2011.

The Judiciary's Use of the Critical Path Method to Resolve Construction Claims

Mehmet Emre Bayraktar, Farrukh Arif, Makarand Hastak, and Nagy A. Gad
The number and magnitude of disputes between contractors and owners continues to be a serious problem in the construction industry. Even with technological advancements in project scheduling, delay claims persist. When compromises between the parties are not possible, claims are often presented to a ... [Journal of Legal Affairs and Dispute Resolution in Engineering and Construction doi:10.1061/(ASCE)LA.1943-4170.0000079] posted Thu Jun 30, 2011.

Engineer's Study Notes for Understanding the Arbitration Process

Patricia D. Galloway and Kris R. Nielsen
Using arbitration to resolve commercial disputes has many advantages over court-based litigation. These include the use of judges who understand the relevant technical issues and industry practices and thus reduce the probability of unpredictable results can significantly reduce the cost and delay a ... [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000065] published Wed May 11, 2011.

Effective Management of Construction Dispute Resolution

Gregory S. Martin and Allen J. Thompson
The various methods of dispute resolution can be intimidating to the untested and daunting to even those who have experienced them. Yet no matter the method selected, the parties own the process and the result. It is therefore incumbent upon the parties to not only understand the various methods of ... [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000064] published Wed May 11, 2011.

Claim Management Using a Damages Accounting Form

Anthony E. Battelle
Abstract not available. [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000069] published Wed May 11, 2011.

DRB Enhanced Partnering on the Marquette Interchange: Case Study

Gary C. Whited and Jeffrey J. Dohlby
Completion of the Marquette Interchange Reconstruction project by the Wisconsin Department of Transportation (WisDOT) under budget, ahead of schedule, and with no construction claims at the end of construction was a significant achievement and details of how it was accomplished provide valuable less ... [J. Leg. Aff. Dispute Resolut. Eng. Constr. doi:10.1061/(ASCE)LA.1943-4170.0000066] published Wed May 11, 2011.