Law Commons^™

Liability Of The Structural Engineer: Establishing, Quantifying, And Managing Risks, Justin Thomas Ittmann

LSU Doctoral Dissertations

Liability is an important topic to all practicing professionals—including practicing engineers. However, the topic of liability does not receive the necessary attention required relative to other professions. Further, engineers that desire to learn more about liability in relation to their practice do not have many university options within an engineering curriculum or from outside materials available to a non-legally trained engineer. The goal of the study is to provide a comprehensive overview of liability directed towards an intelligent practicing engineer, while avoiding unnecessary over-simplification of the material. This study initially provides an in depth survey of the legal standard of …

Energy Contracts And Its Dispute Resolution Through Arbitration, عبد الله عبد العزيز عمر العكبري

Theses

This dissertation examines the aspects of the energy contracts and the needs to implement the Arbitration on it, as an Alternative Dispute Resolution (“ADR”), in MENA & North Africa, with an emphasizing on UAE Vis-à-vis the other GCC countries. And the Methodology I follow is the comparing and analyzing methods.

The major challenge in this dissertation is that I did my best to proof the legal nature of the energy contracts, either as civil contracts or administrative contracts. However, the key thing here is to rely on the contained Set of rules and elements in such contract especially where the …

The Concurrent Liability In Contract And Tort Under U.S. And English Law: To What Extent Plaintiff Is Entitled To Recover For Damages Under Tort Claim?, Phutchaya Numngern

Maurer Theses and Dissertations

Both U.S. and English courts has confronted with the concurrent situations mostly occurring in the cases where 1) the plaintiff asks for the recovery in tort claim despite the existence of contractual relationship or 2) the plaintiff asserts contract claim but the defendant contends that the issue at bar should be sound in tort rather than in contract. After studying all relevant cases and academic writings, this thesis found that both U.S. and English systems generally recognize concurrent tort claim as an elective right. The courts have attempted to provide the justified rationales either to allow the plaintiffs tort claim …

Unanimous Shareholder Agreements, Nicolas William Juzda

PhD Dissertations

The unanimous shareholder agreement is a feature of most Canadian corporate statutes that allows the shareholders to, by creating an agreement meeting the necessary criteria, restrict the powers of the directors to manage the business and affairs of the corporation. One possible justification for this is the "nexus of contracts" theory that all corporations are notionally reducible to voluntary agreements. Three key areas of ambiguity surrounding unanimous shareholder agreements are examined in this dissertation, with specific reference to existing judgments. The requirements for their formation are reviewed, including the exact meaning and strictness of the unanimity criterion and the necessity …

Using Earned Value Data To Detect Potential Problems In Acquisition Contracts, C. Grant Keaton

Theses and Dissertations

Government contractors report earned value (EV) information to government agencies in monthly Contract Performance Reports (CPR). Though major differences may exist in the data between subsequent CPRs, we know of no government effort to detect these occurrences. The identification of major changes may locate and isolate problems and thus prevent million and billion dollar cost and schedule overruns. In this study, we develop an approach to identify changes in the Cost Performance Index (CPI) and the Schedule Performance Index (SPI) that may indicate problems with contract performance. We find the detection algorithm indentifies changes in the CPI and the SPI …

Use And Effectiveness Of Contract Schedule Incentives In Air Force Materiel Command, Rodrick A. Koch

Theses and Dissertations

Are contract schedule incentives utilized by our acquisition contracting workforce, and if so what are their effectiveness? This research shows there is not widespread use of these types of incentives. There is also disagreement on their perceived effectiveness. Surveying, via email, the population of contracting officers and buyers within Air Force Materiel Command yielded responses from every center and many large acquisition systems. Only 8.5% of responses showed that they use schedule incentives. These respondents claim that schedule incentives are somewhat effective, yet of the 91.5 % that have not used them, 2-to-l say they would not be effective. The …

The Impact Of Acquisition Reform And Political-Fiscal Variables On Air Force Gao-Protests Processed, Raymond M. Barben

Theses and Dissertations

The purpose of this research was to determine whether the Air Force contract protest frequency rises or falls with reforms in the acquisition process, number of AF Contract Actions, number of AF Contract Dollars, AF-GAO Sustain Rate, and/or General Economic Conditions (represented by the U.S. unemployment rate). Specific management questions address the effectiveness of acquisition reform initiatives, a comparison to other external factors, and the identification of AF-GAO Protest trends between 1984 and 1998. The research problem was explored with a thorough literature review and formulation of a multiple regression model. The research identified the need to evaluate the impact …