Improving Specifications
Ambiguous and unclear specifications cause confusion, disagreements, and, often, lawsuits. All too frequently the writer is at fault for not making clear exactly what he or she means....
Use of Computers in the Management of Pecos River Compact
The Pecos River Compact between New Mexico and Texas did not define clearly what New Mexico's delivery obligation was. After a 14-year long litigation in the U.S. Supreme...
Understanding Potential Legal Liabilities of Water Resource Professionals and How to Avoid Them
The salvation of the country's water resources is one of the most important problems facing it today. Focused, as they are, on a problem of such overwhelming significance,...
Allocation of Pecos River Basin Water Between New Mexico and Texas
An interstate compact was signed in 1948 between the States of New Mexico and Texas for the allocation of water of the Pecos River Basin which was approved by the Congress of the United...
Who Pays for the Unexpected in Construction??Owner as Engineer's Point of View
In the case of an unexpected discovery or development, it potentially may evolve into a three-cornered dispute among the Owner, Engineer, and Contractor. Frequently, it may become a two-sided...
Who Pays for the Unexpected in Construction? The Law, the Courts and ADR
If the question as to who pays for the unexpected in construction has to be answered because the parties have not amicably resolved a particular dispute, that answer will depend upon the...
Ahead of Schedule, Under Budget, and Out of Court
The process of designing and constructing facilities involves three parties, the Owner, the Designer and the Constructor. Each has a significant role in this process if the project is...
Responsibility and Liability of Inspection
There is much confusion over who is responsible for inspection of construction. This paper argues that the designer is the most appropriate individual to inspect the work. The designer...
Computer Assisted Claims Management and Preparation for Alternative Dispute Resolution (ADR)
Interest in improving dispute resolution has risen steadily in recent years. Several U.S. government agencies have begun experimenting with alternative means of dispute resolution, such...
Zero-based Contracts for Dispute Avoidance
There is presently considerable interest in reducing the costs associated with disputes and litigation in the facility acquisition process. One of the best ways to reduce such costs is...
Dispute Resolution: An Alternative to Litigation
A dispute, usually involving several parties, several million dollars and spanning many years, is settled on the court house steps. Excessive costs of litigation and arbitration has caused...
A Strategy for Partnering in the Public Sector
Partnering is a cooperative approach to contract management that reduces costs, litigation, and stress. The Portland District of the corps of Engineers has successfully used partnering...
Dispute Review Boards ? Not Just Another Alternate Dispute Resolution Method
Dispute Review Boards are developing an impressive track record as practical and effective mechanisms for avoiding and resolving contractual disputes. Preliminary research findings indicate...
Changing Land Uses in the Platte and Arkansas Basins
Several water disputes among various parties in the Platte and Arkansas River Basins may have significant impacts on future land use practices. This paper describes five cases being litigated...
The Eichleay Formula�Time to Retire?
The Eichleay formula is the one most commonly used to settle claims by contractors against owners who delay a project. The formula is based on six questionable assumptions, however. When...
Don't Litigate. Negotiate!
Because of the nature of the construction business, contract disputes are often the rule rather than the exception. Rather than spending millions of dollars and many years on litigation,...
Impact of Litigation on Foundation Engineering in the United States
This paper presents a consulting engineer's perspective on the impact of litigation on foundation engineering practice in the United States. It consists primarily of the review...
Reducing the Potential for Flood Litigation
A flood event is usually followed by numerous damage claims that often lead to litigation. This paper proposes measures to mitigate the potential for litigation. It is stressed that an...
Change Orders & Claims?An Owner's Perspective
Generally, the changes come before the claims. The owner wants to know why a change is needed, how much it will cost, and why the need for it was only just discovered. More money spent...
Who Pays for the Unexpected in Construction? History, Guidelines and Philosophy for a Successful Resolution
The current procedures for resolutions of construction industry disputes are primarily through an adversarial approach that is costly and time-consuming. If there is to be a 'better...
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