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Teich J E (1991) Decision Support for Negotiation, Ph. D. Dissertation, SUNY Buffalo, School ofManagement, pp. 24-46.Teich J E, Wallenius H, Kuula M, Zionts S (1995) ―A decision support approach for negotiation withan application to agricultural income policy negotiations.‘ European Journal of OperationalResearch 81: 76-87.Teich, J., H. Wallenius and J. Wallenius. (1994). Advances in Negotiation Science. Transactions onOperational Research, 6 55-94.Thompson L and Hastie R (1990) ―Social perception in negotiation.‖ Organ. Behav. Hum. Decis.Process. 47:98–123.Tiu T W, Cheung S O, Mok F M (2006) ―Logistic Likelihood Analysis of Mediation Outcomes.‖Journal of Construction Engineering and management Vol. 132, 10:1026-1036.Wall C J (2009) ―Mediation in the Civil Justice System in Hong Kong.‖ Arbitration, 425-429.Wall J A and Lynn A (1993) ―Mediation: A Current Review.‖ Journal of Conflict Resolution 37:160-194Welsh N A (2006) ―Perceptions of Fairness‖, in Schneider A K and Honeyman C (eds), TheNegotiator‘s Fieldbook. American Bar Association, Section of Dispute Resolution, Washington, DC.pp.165-174.Yiu T W K and Cheung S O (2005) ―A Study of Construction Mediator Tactics (Part II): TheContingent Use of Tactics.‖ Building and Environment 42(2): 762-769.Zartman I W and Berman M (1982) The Practical Negotiator, Yale University Press, New Haven.24
Dispute Resolution in U.S. Commercial Construction:A Practical ApproachTaylor, J.M.Auburn University(email: taylojt@auburn.edu)Carn, W.Auburn University(email: wcarn@accentcm.com)AbstractThe commercial construction industry has steadily increased in complexity over the last few decades.Construction contracts have become extremely complex in their language, often makinginterpretation very difficult. While construction contracts often contain anticipatory language forunanticipated occurrences, not all eventualities can be prepared for. Consequently, disputes areinevitable in the construction process. The construction industry thrives on building lastingrelationships, so it is absolutely critical that disputes are handled appropriately and expeditiously. Ifdisputes are not dealt with expedience, the project itself can be delayed, leading to claims, whichcould ultimately destroy professional relationships. Dispute resolution, if handled properly, can havea major impact on the success of a project. Dispute resolution mechanisms should be decided upon atthe time the parties enter into the contract. These are important decisions for constructionparticipants to make. Fortunately, there are a number of options the parties can utilize in disputeresolution including: litigation, arbitration, negotiation, mediation, and dispute review boards.Recent changes in the 2007 American Institute of Architects (AIA) construction contract documentsreveal a potential changing attitude towards dispute resolution. The purpose of this study will be toprovide a preliminary look into which dispute resolution methods are most effective for commercialcontractors. This study will look at the various dispute resolution practices used in the commercialconstruction industry and attempt to determine which methods offer the best solution. Data will beobtained from attorneys, construction executives (general contractors and subcontractors), andproject managers in order to gain the broadest perspective on the issue. By doing so, the study willbe able to present excellent supportive data for the most desired resolution outcome.Keywords: disputes, dispute resolution, arbitration, mediation, contracts25
Page 1 and 2: ProceedingsW113 - Special Track18th
Page 3 and 4: W113‐LAWANDDISPUTERESOLUTIONPAPER
Page 5 and 6: BreakingThroughBusinessandLegalBarr
Page 7 and 8: A Review of Key Legislative and Pol
Page 9 and 10: According to a new report titled
Page 11 and 12: 1990. That figure has declined to 0
Page 13 and 14: Energy Efficiency Improvement Assis
Page 15 and 16: We need the economy to grow. This c
Page 17 and 18: well on track for achieving its Kyo
Page 19 and 20: Multi-objective Decision Making Mod
Page 21 and 22: understanding the other party‘s p
Page 23 and 24: Raiffa (1985) and Lax & Sebenius (1
Page 25 and 26: Table 2: Input Data for Contractor
Page 27 and 28: 5. Future researchThis paper is dis
Page 29: Kuula M, Stam A (2008) ―A win-win
Page 33 and 34: 1970’s even though it was not wid
Page 35 and 36: project which would open the door f
Page 37 and 38: Questions were then asked about the
Page 39: There may not be one definitive dis
Page 42 and 43: 2. What options present the most le
Page 44 and 45: Technical Building Regulations in E
Page 46 and 47: systems. Based on information obtai
Page 48 and 49: Table 2: Who sets the technical bui
Page 50 and 51: 3) Prescriptive - requirements lay
Page 52 and 53: Table 7: What were the developments
Page 54 and 55: Table 9: In which way are national
Page 56 and 57: 4) Set of coordinated documents wit
Page 58 and 59: 1. Background of the construction i
Page 60 and 61: 3. Alternative dispute resolutionOv
Page 62 and 63: process from arbitration in all res
Page 64 and 65: The court held that there was a cle
Page 66 and 67: under the contract on the basis of
Page 68 and 69: or which the adjudicator may reason
Page 70 and 71: proceedings. 49 Other dispute resol
Page 72 and 73: Association of Quantity Surveyors C
Page 74 and 75: commenced until after the completio
Page 76 and 77: 34.5(d) the rights and liabilities
Page 78 and 79: Appendix CCIDB Standard Form of Con
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(e)(f)(g)Upon every or any such ref
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1. IntroductionThe management of a
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2.2 RM-PBB framework designAll the
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3.2 Information modelling (element
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4. ConclusionsThe RM-PBB approach t
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Meacham, B. J. (2004b). Performance
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A Challenge to Sustainably Improvin
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2. Environmental performance of res
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emissions (Energy Task Force, 2004)
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NSW and has risen approximately 20%
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approximately 53% and 46% respectiv
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The analysis was undertaken on a li
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Energy Task Force, (2004). Securing
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1. IntroductionConstruction industr
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Table 1. Explanation of DFD element
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Based on the critical review analys
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Table 4. Results of semi-structure
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Figure 2. Context Diagram of eDR0DI
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DISPUTESNew cases (if any)1.0Contra
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Kassab M, Hipel K and Hegazy T (200
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1. IntroductionFor a long time, Spa
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a.- The developer, who takes import
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Through this description and maybe
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Finally it must be noted that in ad
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considers that they are liable, he
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Vitiating Factors inBuilding Constr
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the contractor; particularly in rel
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must act impartially and fairly bet
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works only within a reasonable time
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eaches of contract insofar as such
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ReferencesBakshi, P.M, Construction
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1. IntroductionProlongation and ext
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Walter Construction Group Ltd 3 , i
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date then the contractor is not ent
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7. Analysing delay claimsMost stand
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e agreed at the beginning of the co
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ReferencesAeberli, Peter D, The Wai
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1. IntroductionContractual and liti
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provides an overview of dispute res
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2.1 Court based ADR initiativesSinc
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assertion of legal rights through l
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esolution too tortuously indirect a
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Edwards, Harry T., Alternative Disp
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1. IntroductionEnvironmental matter
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2.1 Micro Project interviewsThe ide
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The lawyers generally felt that cos
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Breaking through Business and Legal
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interoperability level has not yet
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2.2 Observation of the barriers of
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engineering and quality-control wor
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States, the BIM Requirements by Sen
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in order to achieve the benefits of
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multidisciplinary project team cons
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the contribution to collaboration m
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BIM. The fee of the model manager a
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This paper also concludes that brea
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Erabuild (2008) Review of the Devel
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1. Introduction1.1 The focus of the
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The temperature - the freezing temp
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planned work sequence contemplated
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4 Animation examples 124.1 Animatio
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Animation No. 2 goes further in tha
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In a construction dispute where mat
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place in the manner alleged. In thi
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West Faulkner Associates v London B
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1. IntroductionConstruction project
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The growth of mediation presents, a
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4. Some of the mediations that did
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The interviewee saw the procedural
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5. Summary conclusions and recommen
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Ramsey V., Minogue, A., Jenny, B. a
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1. IntroductionIt has been stated t
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2.1.1 The initial programme (IP)The
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The clause states that the contract
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to your project in terms of how lon
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3.2 PersonnelThe implementation of
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Similar concerns were raised by the
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Chappell, D., V. Powell-Smith, et a
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1. Introduction1.1 Building control
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The earlier development control was
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Figure 1: First schedule of percent
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uilding space to control the geogra
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Figure 4: Safety channel design in
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2.3 Building control on environment
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mainly based on streetscape preserv
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Generally, building control on dome
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user-based strategy in code making
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1. IntroductionAn example of a clau
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to proceed with that degree of prom
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2.2.2 No explanation by contractor
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The court in Hometeam agreed with t
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2.4 Examples of acts constituting f
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Systems of Building Control in the
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for energy conservation, save guard
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quality. Quality management and, ab
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Figure 1: Energy used (mean LOG) pe
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Household characteristics and occup
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PRC Bouwcentrum, 2004, EPC and ener
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1. IntroductionThis paper considers
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3.1 ProcessHurtado and O’ Connor
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factual nature of the relationship
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interlinked disciplines. A key elem
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An integrated process in which desi
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Five LODs are outlined, and these s
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ConsensusDOCS 301 puts management o
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http://www.donovanhatem.com/inthene
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Sawyer, T., 2009a. Leading off with
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1. IntroductionStrategic waste mana
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floor of most residential buildings
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where WASTE i is the amount of recy
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As far as the control variables are
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6. Concluding remarksEconomic activ
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Owens J, Dickerson S and Macintosh
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1. Introduction1.1 BackgroundRetent
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clients in the higher education sec
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4. Analysis and evaluation4.1 Were
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(Publishers Association Net Book Ag
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negotiate to attain discounts. In F
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Champion, R (2005) Do We Need Reten
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1. Introduction1.1 The issueDuring
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Establishment Act (Vestigingswet),
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can be produced. In Flanders, a bia
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strengthen this procedure. Followin
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ReferencesBranco Pedro, J. F. Meije
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Modernising Construction Contracts
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1.3 Construction contracts and draf
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Economics, 2010): „Simple languag
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this is to use he or she, his or he
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virgule or slash (/) but maintainin
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paper. But that won‟t be easy. Th
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a reduction of the Contract Sum, wi
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multiple meanings. It is best avoid
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In addition, as the NEC3 attempts t
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ii) dated; andiii) clearly identifi
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Industry Development Board Malaysia
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Royal Institution of Chartered Surv
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1. Introduction1.1 The selection of
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agencies have some room for discret
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3. Methods3.1 Research approach and
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4. ResultsAnalysis of the cases sho
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to allow the entries that did not m
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the design of the selection process
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5. Conclusion and discussionThis pa
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KAHNEMAN, D. & TVERSKY, A. (1979) P
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Contractual Issues in the Total Use
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It is theoretically possible that a
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According to Hughes and Greenwood (
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The AIA (American Institute of Arch
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Latham, Sir M.(1994) Constructing t
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1. IntroductionAlthough all parties
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3. Experience of legal professional
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4. Performance of ADR methodsFigure
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the expert appraisal process. These
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professionals and added that it is
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Framework to further Utilise the Us
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parties. Thorough process of verifi
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Adversarial or non-adversarial: sui
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encourage non-adversarial dispute r
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1. to save or cut down on expenses;
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1. Efficient settlement is expected
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4. A mechanism to further utilise a
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lawyers since they are normally be
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5. SummaryAs a result from the anal
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singtheStandard-Aqualityframeworkfo
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1. IntroductionIn line with the dev
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What are the means to quantify the
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the efforts to understand the reaso
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Broome and Hayes (1997) in a compar
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on project success. An essential pa
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COX, A. & THOMPSON, I. 1998. Contra
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WALLACE, I. 1996. Construction cont
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1. Introduction1.1 Background and p
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Table 2: The status of Urban & envi
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Table 5: Classification of a union
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carries out all or part services un
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Figure 2: Business process modellin
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Kwon, Seong-woo. Chu, Beom. (2008),
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construction industry. Legislators
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egime in each of these jurisdiction
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embedded in the main body of the pr
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extraction of oil and natural gas.
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covers the normal supply of goods c
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The NSW and NZ modelSection 7(1) of
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if such a clause is in existence. T
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not be delayed by any preceding act
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safeguard the payer or claimant’s
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may only be exercised in a situatio
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ReferencesConstable, A. (2006). Con
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3. Comply with the principles of na
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Legal Implications of BIM: Model Ow
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2. Industry issues on legal feasibi
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ObligationsNew set of skills requir
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BIM, it is clear that formulation o
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Aranda-Mena, G., Succar, B., Chevez
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Reimers, K. (2001). "Standardizing
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1. IntroductionA new chapter for th
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3. Mediation: the process, the medi
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evaluator (“umpire”) depends on
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Analogously, a spectator is better
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Fisher, R., and Ury, W. (1991) Gett
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Cultural Factors Influencing Disput
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decision making, client-initiated v
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4. Unqualified and inexperienced ma
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collective mental programming that
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3.3 Leadership and CultureA review
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What are the causes of disputes in
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26. Fenn P (2007) „„Predicting
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Change Order Process Behind of FIDI
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uilding a project. Because construc
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3. Change order process in standard
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(http://www.aia.org), (AIA G701-200
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4. Comparing change order process b
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4.1 Conclusions and recommendations
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Public Procurement Law ( KIK) http:
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1. IntroductionToday, construction
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Form of Agreement between Owner and
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documents. It is essential that the
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3.13. Use of site3.14. Cutting and
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10.4. Emergencies 9. Protecting and
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for the special and peculiar requir
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1. IntroductionAfter stability retu
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construction industry to look for n
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Khan (2009) stated that, in conflic
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Figure 2: Construction Dispute Reso
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Kuwait‘s construction industry se
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Brooker, P. 2007, "An investigation
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A Study on First Hand Residential Q
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2. Legislation govern the quality o
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3. Court of First Instance Prudenti
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1. Allegations of errors made in th
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Table 1 Summary of the six court ca
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2000-2008. Despite its small number
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International Council for Research
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DISCLAIMERAll rights reserved. No p
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