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...

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...

Contract Documents: Lessons from Litigation
Perfect contract documents and a flawless design are uncommon. Given the complexity of many construction projects and the advances in technology, it is not surprising that contract language,...

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...

A Clean Up in Slow Motion
Eight years have passed since contamination was first discovered at the Valley Wood Preserving plant in Turlock, Calif. Though severe chromium contamination continues to travel toward...

Some Problems in the Engineering of Ground Water Cleanup
The problems facing engineers, often civil engineers, in addressing ground water contamination are both exotic and mundane, but all are critical to success. The paper provides a brief...

Control of Groundwater Contamination: Case Studies
Engineered solutions to groundwater contamination problems are being proposed at many hazardous waste sites, yet the effectiveness and long-term reliability of many of these proposed solutions...

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...

Ocean Dumping at Akutan: Impact of Policy on Decisions
The role of policy in management decisions is often overlooked by the general public during the decision-making process because of the public's greater interest in the environmental...

Failure Classifications
A detailed description of the failure classification with respect to the constructed facilities is presented. Author is of the opinion that most reports of failure even of an extensive...

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...

Forensic Engineering
Learning from Failures
The activities and qualifications of the Forensic Engineer are summarized in the nine papers published in this book. Procedures for failure investigation are discussed along with failure...

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...

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...

Importance of Public Consultation
Early consultation with governmental resource agencies as well as private environmental groups can mean the difference between early resolution of conflicts between developers and environmentalists...

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...

Litigating the Invisible Boundaries of Tidelands and Wetlands
The author urges uniformity in standards for establishing the two invisible lines that are dominant in coastal law, i. e. , the main high water line and the wetlands line. A high degree...

 

 

 

 

Return to search