Construction Dispute Research
Construction Dispute Research

Author: Sai On Cheung

Publisher: Springer

Published: 2014-07-08

Total Pages: 408

ISBN-13: 331904429X

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There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.

Alternative Dispute Resolution for Government Contracts
Alternative Dispute Resolution for Government Contracts

Author: Donald P. Arnavas

Publisher: Wolters Kluwer

Published: 2004-01-01

Total Pages: 298

ISBN-13: 0808009788

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Alternative Dispute Resolution for Government Contracts from CCH is the only resource that provides a comprehensive treatment of ADR in government contracts. It presents a complete discussion of the various ADR procedures together with their advantages and disadvantages, allowing readers to reach an informed decision as to which ADR mode is most suitable for resolution of a specific dispute. Along with covering the Administrative Dispute Resolution Act of 1996, Executive Orders and other applicable regulations are thoroughly discussed. Alternative Dispute Resolution for Government Contracts covers the "hot" areas of ADR, including confidentiality, conflicts of interest, finality of arbitration awards, enforcement of awards and settlement agreements together with all the relevant citations. It will also help you analyze which type of approach is most effective for each of the main ADR processes and the preparation necessary for all members of an ADR team..

Research Handbook on Contract Design
Research Handbook on Contract Design

Author: Corrales Compagnucci, Marcelo

Publisher: Edward Elgar Publishing

Published: 2022-05-03

Total Pages: 480

ISBN-13: 1839102284

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Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the modern revival of the concept of allegiance, identifying and contextualising its evolving association with theories of citizenship.

Arbitration of M&A Transactions
Arbitration of M&A Transactions

Author: Edward Poulton

Publisher: Globe Law and Business Limited

Published: 2014

Total Pages: 0

ISBN-13: 9781905783939

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In this title leading experts in the field of international arbitration provide legal and practical guidance on the key types of dispute likely to arise from M&A transactions (eg, warranty claims, shareholder disputes, claims relating to completion accounts), and offer procedural and tactical tips for arbitration arising from them. The content also covers the fundamental questions of arbitrability, confidentiality, freedom to choose the governing law (and questions of mandatory law) and enforceability in 20 key jurisdictions.

Reducing Construction Costs
Reducing Construction Costs

Author: National Research Council

Publisher: National Academies Press

Published: 2007-10-09

Total Pages: 68

ISBN-13: 030917998X

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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.

Alternative Dispute Resolution of Shareholder Disputes in Hong Kong
Alternative Dispute Resolution of Shareholder Disputes in Hong Kong

Author: Ida Kwan Lun Mak

Publisher: Cambridge University Press

Published: 2019-12-19

Total Pages: 277

ISBN-13: 1108329314

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The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.

Contract Law Minimalism
Contract Law Minimalism

Author: Jonathan Morgan

Publisher: Cambridge University Press

Published: 2013-11-07

Total Pages: 314

ISBN-13: 110747020X

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Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

Best Practice in Construction Disputes
Best Practice in Construction Disputes

Author: Paula Gerber

Publisher:

Published: 2013

Total Pages: 493

ISBN-13: 9780409333077

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Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.