EEZ Governance in Australia, Canada, the United States and New Zealand
All four nations listed in the title claim 200-mile exclusive resource zones based on the 1982 Law of the Sea Convention's exclusive economic zone (EEZ) and continental shelf...

CAD Trials
The solo practitioner is, for many reasons, at a disadvantage when it comes to analyzing and selecting CAD system components. Trade magazine how-to articles are generally geared toward...

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...

Transportation Liability and Risk Management
Risk management programs provide an excellent response to the increased exposure of all transportation agencies to tort liability claims. While some actions and responses require resources...

Tort Liability in the Pennsylvania Department of Transportation
During the past decade many have questioned the propriety of the doctrine of sovereign immunity; numerous legal challenges and legislative changes have eroded the doctrine in most states....

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...

Construction Insurance: An Alternative Unified Risk Insurance
The transfer of risk mechanism (insurance) can be applied to solve problems unique to the construction environment. The proposed program is worthy of support since all segments of the...

A CM Multiple Contracting Cost Model
The original purpose for construction management was cost savings through time savings and efficient operations. As the CM system expanded in use and scope of services other very significant...

Norfolk, Virginia Case Study
Through decades of hard work at revitalization, Norfolk has learned from its experience - success and failures. Perhaps the best lesson learned comes from the success of waterfront development...

Legal Concerns in Cold Regions Engineering and Construction
For a variety of reasons the potential for the imposition of liability and the potential for comparatively large damage claims is greater in cold regions. It is the purpose of this paper...

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...

Information Availability
There seems to be a great deal of concern about lack of availability of information concerning the results of failure investigations. In most court cases there is virtually no technical...

Learning from Failures
Modern technology and innovation have created a gap between what the design drawings predict with respect to safety and serviceability of a structure and the real safety and serviceability...

Liability of the Resident Engineer
This paper focuses on specific examples of resident engineer liability situations. It specifically discusses to whom the resident engineer has responsibility, why the law imposes the liability...

The Resident Engineer's Position Regarding Claims
The authors explain that the resident engineer is on the front lines regarding claims and claims avoidance. The resident is in a position to develop a relationship of trust and confidence...

The Construction Engineer, Bureau of Reclamation
The Construction Engineer's responsibility for the Bureau of Reclamation covers, staffing, contract administration, design data collection, funding, claims, and supervision...

Construction Inspection—The Last Line of Defense
Construction inspection, or a quality assurance program, is typically the last line of defense in relation to claims for the constructed project. The quality assurance team should be a...

Documentation—A Key to Preventing Contract Disputes
From most attorneys' point of view, when the elements of good contract administration are studied and discussed, one of the most important elements is thorough and accurate...

A Systematic Approach to Evaluating the Risk of Contractual Disputes
Construction contract disputes along with A/E malpractice actions have raised much concern in the industry. Considerable literature has been written along the lines of claims avoidance...

 

 

 

 

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