Who Pays for the Unexpected??An Attorney's View
From an attorney's point of view, the answer to the question, 'Who Pays for the Unexpected?' in construction depends upon several considerations....
Litigation Support Investigations Involving Complex Flood Plains
This paper presents the case history of a devastating flood that occurred in a community located on a complex flood plain adjacent to a tidally influenced bay. Flooding resulted from cumulative...
Pinto Wash Alluvial Fan Litigation
This paper presents a case history involving flood/damage litigation brought by a downstream farmer against an upstream farmer and a local public irrigation district. The case combined...
Southwestern Drainage Litigation
In this paper, three technical sources of drainage litigation are examined. First, in the overall sparsely but locally densely populated Southwest, there is a severe lack of precipitation...
Putting a Lid on Liability
In the face of the recent landslide of claims and litigation, limiting your firm's liability sounds impossible. But there are ways to protect yourself, from selling quality,...
Secretary of Interior v. California
The issue of whether Outer Continental Shelf (OCS) lease sales were subject to consistency review under section 307(c) (1) of the Coastal Zone Management Act (CZMA) was the focus of litigation...
Federalism and Federal Consistency: The State Perspective
Since 1972, an effective federal-state partnership has been operating to manage our nation's coastal resources under the Coastal Zone Management Act (CZMA). But the federal...
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...
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...
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...
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