Roles and Responsibilities
This section summarizes the roles and responsibilities of the parties involved: owner, design team, contractor, construction manager, and dispute adjudicators....
The Determination of Velocity Spectra and Dissipation by Direct and Indirect Means using Second-Order Accurate PIV
In this paper we present a 2 nd order accurate technique in space (following Wereley & Meinhart's (2001) extension of Cowen & Monismith's (1997) dynamic sub-window PIV...
Resolution Solutions
Disputes over such issues as change orders, extra work, delays, or defective work are an inescapable part of the construction process. By designing an effective dispute management program...
Sandbridge Virginia Oceanfront Seawall Arbitration Hearing: Some Lessons Learned for Coastal Engineers
A group of beach property homeowners claimed that their new oceanfront seawall was defective in design. A beefed-up design cost about $1.3 million more and they sought this amount from...
Slepian Process of a Non-stationary Process
An algorithm for simulating a zero-mean non-stationary Gaussian process over a fixed interval [0,T] with given arbitrary covariance function as well as the associated Slepian model process,...
A Frequency Surface for Rainfall Intensity and Duration
A technique for developing rainfall intensity-duration-frequency surface is presented. With the aid of the Box-Cox power transformation raw data is transformed into a jointly near normally...
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...
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,...
Seismic Large Amplitude Liquid Sloshing?Theory
The sloshing phenomenon in seismically-excited, rectangular, liquid storage tanks is addressed. In particular, a semi-analytical method to study the effects of large amplitude sloshing...
Arbitration's Role in Construction Disputes
The earliest arbitration idea arose when two parties to a contract were unable to agree and thereupon submitted the question to an independent party to decide the issues. Most states now...
A Better Way
Shanley recommends providing for a dispute review board in contract documents as a way of avoiding long and costly litigation or arbitration as a result of disputes. A dispute review board...
Satellite Data for Adjudications in Idaho
A succession of events following a lawsuit by a power company against the state of Idaho has led to a general adjudication for a majority of the Snake River basin in Idaho. Past adjudication...
What is a Forensic Engineer?
A forensic engineer is one who is concerned with the relationship and application of engineering facts to legal problems. He is an acknowledged expert who investigates construction-related...
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...
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...
Resolving International Construction Disputes by Arbitration
Arbitration as a means of settling construction disputes is increasing. It can be particularly useful in international disputes, where parties often seek to avoid litigation in foreign...
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