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| Author | : Paula Gerber |
| Publisher | : |
| Total Pages | : 493 |
| Release | : 2013 |
| Genre | : Construction industry |
| ISBN | : 9780409333077 |
Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
| Author | : Sai On Cheung |
| Publisher | : Springer |
| Total Pages | : 408 |
| Release | : 2014-07-08 |
| Genre | : Technology & Engineering |
| ISBN | : 331904429X |
There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.
| Author | : Robert Silver |
| Publisher | : Markham, Ont. : LexisNexis Canada |
| Total Pages | : 129 |
| Release | : 2004 |
| Genre | : Construction contracts |
| ISBN | : 9780433444787 |
"This best practices manual will show you how to use alternative dispute resolution to handle construction disputes. Construction mediation experts Silver and Furlong explain strategies for minimizing conflict before, during and after a project. You'll achieve solutions faster, save significant amounts of money, and maintain business relationships for future projects."--Pub. desc.
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 68 |
| Release | : 2007-10-09 |
| Genre | : Technology & Engineering |
| ISBN | : 030917998X |
The National Academy of Construction (NAC) has determined that disputes, and their accompanying inefficiencies and costs, constitute a significant problem for the industry. In 2002, the NAC assessed the industry's progress in attacking this problem and determined that although the tools, techniques, and processes for preventing and efficiently resolving disputes are already in place, they are not being widely used. In 2003, the NAC helped to persuade the Center for Construction Industry Studies (CCIS) at the University of Texas and the Alfred P. Sloan Foundation to finance and conduct empirical research to develop accurate information about the relative transaction costs of various forms of dispute resolution. In 2004 the NAC teamed with the Federal Facilities Council (FFC) of the National Research Council to sponsor the "Government/Industry Forum on Reducing Construction Costs: Uses of Best Dispute Resolution Practices by Project Owners." The forum was held on September 23, 2004, at the National Academy of Sciences in Washington, D.C. Speakers and panelists at the forum addressed several topics. Reducing Construction Costs addresses topics such as the root causes of disputes and the impact of disputes on project costs and the economics of the construction industry. A second topic addressed was dispute resolution tools and techniques for preventing, managing, and resolving construction- related disputes. This report documents examples of successful uses of dispute resolution tools and techniques on some high-profile projects, and also provides ways to encourage greater use of dispute resolution tools throughout the industry. This report addresses steps that owners of construction projects (who have the greatest ability to influence how their projects are conducted) should take in order to make their projects more successful.
| Author | : Jeffery Whitfield |
| Publisher | : John Wiley & Sons |
| Total Pages | : 185 |
| Release | : 2012-07-12 |
| Genre | : Technology & Engineering |
| ISBN | : 1118298691 |
Construction projects are beset with disputes. In 1960 around 250 writs were issued relating to construction disputes. Within 30 years this number increased five-fold, and in the 20 years since then the number of disputes has not fallen. Some disputes are significant, others are quite minor, but most could probably be avoided. Disputes originate in disagreements or conflict between individuals, which if addressed early, can prevent escalation into situations that are difficult, expensive and time consuming to resolve. Conflicts in Construction deals with all types of conflict but concentrates on the conflicts that lead to disputes in construction projects. The book shows the reader how to avoid, manage and resolve conflicts before they become serious disputes. The first edition of Conflicts in Construction was read widely and saved many individuals and companies from falling into intractable disputes. The second edition, fully updated, forms the base content for the Hill/ Knowles seminar series on conflicts, delivered around the globe by the author, and will be an important read for everyone employed in the construction industry.
| Author | : Liping Fang |
| Publisher | : John Wiley & Sons |
| Total Pages | : 242 |
| Release | : 1993-10-18 |
| Genre | : Technology & Engineering |
| ISBN | : 9780471592372 |
A comprehensive procedure for systematically examining actual disputes. Clearly explains the theory and practice of this novel approach to conflict modeling, analysis and resolution. Based upon ideas from both graph and game theories, it extends the realm of multiple objective-multiple-participant decision making in useful directions. Includes a wealth of illustrations and a computer disk.
| Author | : J. R. Murdoch |
| Publisher | : Taylor & Francis |
| Total Pages | : 412 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : 9780419253105 |
Construction Contracts focuses on the law governing construction contracts, and the management and administration of these contracts.
| Author | : P. Fenn |
| Publisher | : Routledge |
| Total Pages | : 464 |
| Release | : 2003-09-02 |
| Genre | : Architecture |
| ISBN | : 1135827060 |
This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.
| Author | : Feniosky Pena-Mora |
| Publisher | : |
| Total Pages | : 296 |
| Release | : 2003 |
| Genre | : Business & Economics |
| ISBN | : |
For graduate and advanced undergraduate courses in Dispute Resolution. This text addresses new and innovative ways to promote collaborative environments and resolve disputes in construction by emphasizing the different steps in the Dispute Resolution Ladder and spelling out the main features of a conflict management plan. It also includes some practical applications of Dispute Avoidance and Resolution Techniques in the construction industry throughout different cultures.
| Author | : Allan Ashworth |
| Publisher | : Routledge |
| Total Pages | : 436 |
| Release | : 2018-03-13 |
| Genre | : Technology & Engineering |
| ISBN | : 1315529041 |
Contractual Procedures in the Construction Industry 7th edition aims to provide students with a comprehensive understanding of the subject, and reinforces the changes that are taking place within the construction industry. The book looks at contract law within the context of construction contracts, it examines the different procurement routes that have evolved over time and the particular aspects relating to design and construction, lean methods of construction and the advantages and disadvantages of PFI/PPP and its variants. It covers the development of partnering, supply chain management, design and build and the way that the clients and professions have adapted to change in the procurement of buildings and engineering projects. This book is an indispensable companion for students taking undergraduate courses in Building and Surveying, Quantity Surveying, Construction Management and Project Management. It is also suitable for students on HND/C courses in Building and Construction Management as well as foundation degree courses in Building and Construction Management. Key features of the new edition include: A revised chapter covering the concept of value for money in line with the greater emphasis on added value throughout the industry today. A new chapter covering developments in information technology applications (building information modelling, blockchains, data analytics, smart contracts and others) and construction procurement. Deeper coverage of the strategies that need to be considered in respect of contract selection. Improved discussion of sustainability and the increasing importance of resilience in the built environment. Concise descriptions of some the more important construction case laws.
