Governmental Immunity from Liability in Flood Control Operations
The scope of Federal immunity from liability for damages caused by flood control operations is quite extensive. A review of the legislative history and case law of the immunity provision,...

Beachfront Management After Nollan—Facing the Challenge of Unconstitutional Taking Claims
In 1977, South Carolina enacted the Coastal Tidelands and Wetlands Act. Ramifications of the Act are discussed....

Monitoring and Mitigating the Socioeconomic Impacts of Coastal Oil and Gas Development
Santa Barbara County has required that all companies engaged in major offshore oil and gas projects participate in a Socioeconomic Monitoring and Mitigation Program (SEMP). Yearly impact...

CPM Techniques for Claims Avoidance and Preparation
Virtually all major construction claims consist of some aspects of delay, disruption or acceleration. Since all of the foregoing relate directly to the timing and sequencing of the project...

Who Pays for the Unexpected in Construction
A grouting contractor's point of view on who pays for the unexpected in construction is presented. Because grouting can be used as an alternative for other construction procedures,...

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...

Problems with Rock Excavation Specification in Alberta
As a result of contract overruns and claims from classification, measurement, and payment for 'solid rock' excavation, Alberta Transportation and Utilities embarked...

Regarding Nature as Raw or Cooked
Tensions between nature and technological culture are mounting as never before. On one side are the deep ecologists who claim the industrial capitalist system has raped the world of nature....

Addressing Nontechnical Issues in C.E. Education

Water Reallocation of the Carson River
The federal courts have not been able to allocate the waters of the Carson or Truckee Rivers in such a manner as to satisfy all the users. As a result, there have been a number of suits...

Bio Bonanza?
Bioremediation was used on a portion of the Exxon oil spill, causing the popular press to take notice of the ability of bugs to eat away at oil and, possibly, toxic wastes. The Alaskan...

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...

From Hot-Tub to War: Alternative Dispute Resolution (ADR) in the U.S. Corps of Engineers

A Knowledge-Based Microcomputer Training Tool for Contract Claims

Expert System Interfaces to External Databases

Microcomputers in Construction Claims
The increase in litigation is driven primarily by economic factors. The increased use of microcomputers has followed as a direct result of the need for better information control and dissemination....

U.S. Army Corps Engineers Construction Contract Claims Guidance System
Researchers at the U.S. Army Construction Engineering Research Laboratory (USA-CERL) have been developing an expert system called Claims Guidance System (CGS) to provide claims analysis...

Packaging Claims
The paper briefly discusses project records and how they may provide important information for claims, what they should contain, and packaging the claim....

Third Party Interface Within the Construction Contract
The construction contract inevitably requires an interface with a third party, outside of the traditional Owner/Engineer-Contractor relationship. Often, the local jurisdictional body,...

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....

 

 

 

 

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