Mediation In The Construction Industry

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Mediation In The Construction Industry

Author : Penny Brooker
ISBN : 9781134029297
Genre : Law
File Size : 83.53 MB
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The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts’ own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts. These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.
Category: Law

Mediation Of Construction Disputes

Author : David Richbell
ISBN : 9781444302547
Genre : Technology & Engineering
File Size : 88.30 MB
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This book is written for users of mediation, whether they be a party, an advisor or an expert. It should also be of help to commercial mediators who have no specialism in construction. Its aim is to encourage confidence in the mediation process and to ensure that those who do use mediation to resolve their disputes do so effectively and so are able to maximise the opportunities that mediation offers.
Category: Technology & Engineering

Court Connected Construction Mediation Practice

Author : Andrew Agapiou
ISBN : 9781317609896
Genre : Technology & Engineering
File Size : 39.73 MB
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The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.
Category: Technology & Engineering

Dispute Resolution In The Construction Industry

Author : Nicholas Gould
ISBN : 0727728466
Genre : Construction industry
File Size : 78.90 MB
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"The challenges facing all members of the construction industry are enormous, but not unachievable... I am confident that the ACE Client Guide 2000 will help all members of the construction industry, whether consulting engineers, architects, surveyors, contractors and their clients, better understanding the challenges facing us and encourage appropriate actin to be taken" Jim Dawson, ACE Chairman 1999-2000. Providing an overview of the market, its structures and external influences, this invaluable guide will help members of the construction supply chain to understand their clients' business needs and equip them to invest appropriately for current and future market developments and take advantage of emerging opportunities. The ACE Client Guide 2000 has been prepared in the ligth of feedback on the first edition, which was published in November 1998, and developments both within the construction industry and in the wider economy over the past 12 months, the facts, perceptions, commentary and sources set out in the ACE Client Guide 2000 provide a basis for individual firms to examine: - What to do - Why they do it - How they do it - How well they do it - Where improvements could be made - How such improvements could be achieved
Category: Construction industry

Aaa Handbook On Construction Arbitration And Adr Second Edition

Author : American Arbitration Association
ISBN : 9781933833514
Genre : Law
File Size : 54.91 MB
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Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Category: Law

Construction Business Management

Author : S. Peter Volpe
ISBN : 0471536369
Genre : Technology & Engineering
File Size : 86.74 MB
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Provides a wide insight into the construction business, showing the reader how a contractor organizes a construction company and controls his work. Offers a practical and direct approach and describes how a business starts up, how it's organized and how it's financed. Also covers estimating, cost keeping systems, labor relations, equipment, safety, and insurance. Augmented with numerous case histories, forms and sample agreements to keep a job on schedule and within budget.
Category: Technology & Engineering

Aaa Handbook On Mediation Second Edition

Author : American Arbitration Association
ISBN : 9781933833507
Genre : Law
File Size : 69.35 MB
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Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with a thorough introduction into the practice of mediation and offers advice and strategies in preparing for and conducting successful mediations. It explores the use of mediator evaluations, (i.e. opinions as to the likely outcome or value of legal claims), reframing (i.e. restating or rephrasing statements of conflict), risk analysis, the underlying psychology and bridging of cultural gaps, among many other areas included to assist mediators in achieving the best results. Attorneys are provided with guidance on establishing a mediation practice, preparing clients for mediation, negotiation tactics, and how to answer a client’s questions regarding the process of mediation. It discusses confidentiality and ethics in mediation and also addresses the use of mediation in specific types of disputes, such as business to business matters, construction, medical malpractice, governmental agencies including environmental agencies, and in the workplace. Lastly, it touches on various mediation issues as they arise in the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Category: Law

Calculating Construction Damages

Author : William Schwartzkopf
ISBN : 0735514801
Genre : Technology & Engineering
File Size : 83.72 MB
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Calculating construction damages can be complex and confusing. Written by recognized experts in the area of construction claims, Aspen Publishersand’ Calculating Construction Damages is a one-of-a-kind resource providing step-by-step guidelines for valuing a claim and calculating damages. Calculating Construction Damages keeps you completely up-to-date with the changes in the construction industry, and provides new and updated coverage on: Reductions in scope through deductive changes The meaning and explanation of acceleration The use of the actual cost method and the total cost method to calculate damages The effectiveness of expanding on productivity analysis. The definition of home office overhead costs and the use of the Eichleay formula. The most recent assessment of attorneysand’ fees on Miller Act claims Only Aspen Publishersand’ Calculating Construction Damages leads you through every step you need to take in order to reach an accurate assessment of construction damages. Complete coverage includes: General Principles of Damage Calculation Labor Costs Equipment and Small Tool Costs; Additional Equipment Costs Material Costs Bond and Insurance Costs Home Office Overhead Calculating Construction Damages is organized by type of damage rather than type of claim. Its clear, mathematical techniques will enable you to value any claim and accurately calculate damages.
Category: Technology & Engineering

International Commercial Mediation

Author : Cyril Chern
ISBN : STANFORD:36105134517841
Genre : Law
File Size : 49.79 MB
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'International Commercial Mediation' is a practical guide that can be used by both experienced mediators, who need to hone their skills and increase their efficiency, and beginners who need to learn the mediation process.
Category: Law

Dispute Resolution

Author : Paul Pretorius
ISBN : STANFORD:36105061704065
Genre : Arbitration and award
File Size : 78.53 MB
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Contains articles written by 13 different contributors covering different aspects of dispute resolution. Topics covered include the psychology of mediation, environmental disputes in communities, specialized arbitration and mediation, and arbitration and mediation in the construction industry.
Category: Arbitration and award

The International Construction Law Review

Author : Informa Professional
ISBN : OSU:32437011503857
Genre : Building
File Size : 35.68 MB
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This volume includes law reports dedicated to banking, be it international or domestic. These reports cover cases arising from cheques, bills of exchange, guarantees, securities or letters of credit.
Category: Building

Mediation Law

Author : Penny Brooker
ISBN : 9781136018886
Genre : Law
File Size : 56.92 MB
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In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to ‘encourage’ mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began. This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation. The book will be of great interest to academics and students of legal theory and dispute resolution.
Category: Law

200 Contractual Problems And Their Solutions

Author : J. Roger Knowles
ISBN : 9781118257043
Genre : Law
File Size : 31.25 MB
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This book examines 200 contractual problems which regularly arise on building and engineering projects and provides a detailed explanation of their solutions, citing standard contract conditions and key parts of legal judgements as authority. A succinct summary is provided at the end of each detailed solution. It covers problems together with their solutions in respect of: Procurement matters Tenders and bidding Design issues Letters of intent Contractor's programme Contractor's float Delays Concurrent Delays Extensions of time Liquidated/delay damages Unliquidated damages Variations Loss and expense/additional cost claims Acceleration Global claims Payment Damage to the works Exclusion clauses Retention of title Practical completion Defect correction Adjudication This book deals with a broad range of construction contracts including JCT Standard Form and Design and Build, New Engineering Contract NEC3, ICE and GC/Works/1. This book was first published under the title of One Hundred Contractual Problems and Their Solutions, with a second edition entitled One Hundred and Fifty Contractual Problems and their Solutions. This third edition adds 50 new problems and replaces 15 of those in the last edition. Of the remainder half have been the subject of revision. "Deserves a place on every site and in every office as the standard handbook on contractual problems" —Construction Law Digest
Category: Law