Law Commons^™

An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction, Mostafa Farouk

Theses and Dissertations

The increasing complexity and magnitude of projects impose greater impact of delays on stakeholders. Construction delays are a major source of disputes in construction projects. Since a construction project depends on interactions and shared responsibilities among parties, research works were directed toward identifying delay causes, quantifying their impacts, and proposing ways to deal with them. Several delay analysis techniques (DATs) are available, but when applied to the same project’s delays provide different results. Thus, the selection of the DAT to use in evaluating delays becomes vital. Reviewing the literature, it has been realized that often there are disagreements, which lead …

Investigating Student Interest In The Addition Of A Construction Law Topics Course, Flint D. Merrill-Gehrke

Construction Management

In the Construction Management program, our goal is to prepare for the responsibilities imposed upon us during a construction project. A major responsibility among these is navigating the complex legal relationships inherent to a construction project. While Cal Poly offers one Construction Law course, students are underprepared for what they will face. This project is designed to gauge interest from the Cal Poly Construction Management student body in the addition of a Construction Law topics course. It also aims to understand if additional legal studies would better prepare students for their entrance into the industry. Students were asked to answer …

Development Of A Topics Course For Construction Law, Julia C. Hoever

Construction Management

The Cal Poly Construction Management program is designed to prepare students heading into the construction industry for daily management tasks. With construction comes many legal aspects integrated into a project’s operations. Though the curriculum includes a contract law course, a gap exists with a minimal number of classes that address the array of legal matters the construction industry must be versed in. Working with faculty member, Thomas Kommer, J.D., there is a need for a course that expands on these varying legal topics. In order to determine the specific topics that would impactfully benefit and educate Cal Poly Construction Management …

Statutory Review Of The Construction Contracts Act 2004 (Wa), Phillip Evans

The University of Notre Dame Australia Law Review

The Construction Contracts Act 2004 provides for security of payment in the construction industry through the use of rapid adjudication processes to determine payment disputes. It further prohibits or modifies certain “unfair” provisions in construction contracts and implies provisions in construction contracts about certain matters if there are no written provisions about these matters in the contract. In 2015 the Minster for Commerce commissioned a review of the Act to determine whether iy is meeting the needs of industry and whether amendment was required. This paper provides a background to the construction industry in Western Australia and the essential provisions …

Selected Construction Contract Clauses: From The Routine To The Cutting Edge, Carl J. Circo

Carl J. Circo

Industrial Relations And The Construction Sector: The Implications Of Mcgowan And Ors V The Labour Court, Ruairi Hayden

Other Resources

On the 9^th May 2013 the Supreme Court in McGowan and Ors v The Labour Court and Ors found Registered Employment Agreements to be incompatible with the Constitution. Registered Employment Agreements (REA) are provided for in Part III of the Industrial Relations Act 1946. Collective bargaining has traditionally been the method for employees and employers to negotiate terms of employment within the construction industry. These agreements would then be registered with the Labour Court and they would have legal effect. Registered Employment Agreements are particularly suited to the construction industry due to the labour intensive nature of the industry …

Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich

Thomas J. Stipanowich

Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly on the table. There were strategies aimed at the very roots of conflict, including contractual terms aimed at promoting collaboration and reducing the chance of serious …

تصديــر بقلم د. مشاعل عبد العزيز الهاجري, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

Judiciary And The Administration Of Justice In Building And Constructon Disputes Under Kuwaiti Law, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

المسؤوليـة المدنـيــة للمهنـدس الاستشـاري كمــا ينظمهــا القانــون المدنــي الكويتــي رقــم 67 لسنــة 1980, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

عرض ملخــص لأطروحــة جامعيــة: الضمانــات الخاصــة بعيــوب ما بعــد الإنشــاء فــي عقــود البنــاء و الإنشــاءات: الأســاس النظــري و توزيــع المخاطــر - دراســة مقارنــة فــي القوانيــن الكويتــي، الفرنســي و الانجليــزي, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

Discovery, Reclamation, And Redemption: The Journey From The Practice Of Law To The Construction Trailer, Steven G. Shapiro

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Construction Producers’ Joint And Several Liability Under Kuwaiti Civil Code’S Decennial Guarantee Provisions, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

The House That Ruth Built, Gregory M. Stein

Scholarly Works

Yankee Stadium may be scheduled for demolition at the end of the 2008 baseball season, but the storied ballpark will live on in the memories of all baseball fans. "The House That Ruth Built" examines the legal history of the Yankees in their four New York homes: Hilltop Park, the Polo Grounds, Shea Stadium, and Yankee Stadium.

This chapter, which describes a variety of real estate law issues the Yankees have faced, focuses on Yankee Stadium itself. Designed to be baseball's first true showplace, the Stadium was huge, luxurious, and fireproof, which differentiated it radically from the other parks in …

الحقوق المالية للمهندس الاستشاري, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

المهندس الاستشاري وفقا لقواعد عقد الفيديك لمقاولات أعمال الهندسة المدنية: مركزه القانوني و مسئوليته المدنية - عرض ملخص لرسالة ماجستير, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.

New York's Labor Law Section 240: Has It Been Narrowed Or Expanded By The Courts Beyond The Legislative Intent?, Barry R. Temkin

Barry R. Temkin

The legislative history of New York's Labor Law indicates that it was enacted as part of a wave of progressive reforms in the 1920's in order to protect workers engaged in hazardous jobs, particularly height-related tasks. The "Scaffold Act" protections of the Labor Law were intended to provide strict liability in favor of construction workers who were injured by inadequate scaffolds or other safety devices while building skyscrapers. However, the courts have expanded the statute's scope well beyond the legislative intent, in one case applying strict liability to the claim of an office worker who fell, indoors, while cleaning an …

Reconstructing Construction Law: Reality And Reform In A Transactional System, Thomas J. Stipanowich

Thomas J. Stipanowich

In this article, Professor Stipanowich extensively explores the entire transactional system surrounding contracts for design and construction of the built environment. He examines the legal landscape of construction, focusing on “cases of trouble,” and evaluates options for reforming the legal framework including codification, a Restatement and more narrowing tailored legislation. He also discusses the critical role played by families of contracts and mechanisms for the management of relational conflict.

Of "Procedural Arbitrability": The Effect Of Noncompliance With Contract Claims Procedures, Thomas J. Stipanowich

Thomas J. Stipanowich

This article is part of a symposium entitled “Construction Contract Issues.” In it, Professor Stipanowich surveys contemporary judicial attitudes regarding the effect of noncompliance with procedures for handling construction claims and controversies. It also analyzes the policies advanced in support of deferring questions of "procedural arbitrability" to arbitration and proposes a straightforward rationale for judicial disposition of such issues. Although the discussion emphasizes scenarios involving construction contracts, the principles addressed in this article are applicable to commercial arbitration agreements generally and may be extended by analogy to the labor sphere.