Oil-Native Conflicts Solutions for the Beaufort Sea
Oil and gas development in Federal waters off Alaska has recently been stymied by litigation. Tensions have been increasing rather than decreasing and no development is taking place in...
Atchafalaya Delta Ecosystem, Conflicts in Multiuse Management
This fresh marsh ecosystem is administered as a State Wildlife Management Area but is also subjected to pressures associated with flood control, navigation, and mineral extraction. Federal...
Lawyer on a Microchip
Construction in the 1980s have become a complex, high stakes, intensely competitive business. For architects and engineers involved, the prospect of lawsuits has grown tremendously. An...
Construction Litigation Discussed in New York
N.Y. Law Prohibits Sub Suit vs. Architect
Documenting Construction Claims
Many attorneys think of other professionals associated with a court case as expert witnesses. Another function of engineer and contractor experts is documenting the facts of the claims...
Arbitration: A Risky Method for Resolving Disputes
Arbitration has been widely praised as a speedy, 'inexpensive' alternative to litigation for resolving a wide range of disputes, including disputes arising from...
Alternative Dispute Resolution
Usually it takes far less money and time to resolve a construction dispute if a lawsuit and court trial can be avoided. In the mini-trial, te two or more parties agree to radically reduce...
Software Licensing and Legalities
Based on interviews with software vendors, users and attorneys specializing in software litigation, the article offers viewpoints and advice on software licensing and legalities. It covers...
Intrastate and Interstate Water Transfers
Riparian states generally do not permit transfers of water outside the watershed of origin, while the opposite is true in the appropriation states provided there is no harm to existing...
Interbasin Issues Related to Groundwater Management
This paper evaluates several options for settling disputes over sharing water and concludes in favor of well-conceived state compacts. More than other methods, such compacts offer continual...
Limitation on Lawsuits Struck Down in Kentucky
A CM's Exposure to Liability
Before identifying potential liability, it is first necessary to define the construction manager's (CM) status and duties. These are delineated in the contract requirements...
Management Lessons from Engineering Failures
Engineering failures are not always catastrophic. More are due to improper management of contracts rather than actual physical failures. Some result in loss of life; most result in disputes...
Hazardous Waste: Closing the Insurance Gap
Insurers are withdrawing from the hazardous waste field because of large claims and increased risks. Therefore, cleanup contractors are being forced to look for alternative ways to protect...
Avoiding Lengthy and Costly Litigation by Negotiating Alternative Dispute Resolution Methods
A 'hot issue' in the construction industry today is the negative aspects perceived from wide arbitration use over the last 15 years. Although hearings usually...
Litigating the Invisible Boundaries of Tidelands and Wetlands
The author urges uniformity in standards for establishing the two invisible lines that are dominant in coastal law, i. e. , the main high water line and the wetlands line. A high degree...
Negotiation and Contract Management
A contract is the result of a negotiation leading to an agreement between two parties. A successful contract usually meets the needs of both parties. Satisfaction of needs is the reason...
Coping with Litigation
Engineers should learn legal philosophy, even though it seems unrelated to traditional technical practice. Monitoring changes in legal theory that may increase engineers'...
Get Involved with Cladding Design
Structural engineers should get involved with cladding design for their buildings. Including disclaimers for responsibility in the design contract will not prevent trouble or lawsuits,...
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