Law Commons^™

The Theory Of Gharar (Risk And Uncertainty) In Islamic Law A Major Cause Of Disputes In Construction Contracts, Hisham Mirghani

UAEU Law Journal

There is widespread interest in the applications of Islamic law in construction contracts. This is due to the ongoing construction boom in many countries in the Middle East whose civil codes are based on Islamic law. This paper addresses the applications of an important theory in the Islamic law of transactions to construction contracts. This theory of gharar – normally translated as risk and uncertainty- has wide ranging applications in the field of construction law. The paper defines gharar and summarises its basic principles. It then goes on to introduce the essentials of a valid contract in Islamic law. These …

When The Rule Invites The Exceptions: How The Arizona Supreme Court's Attempt To Clarify The Economic Loss Rule In Flagstaff Affordable Housing Has Led To Discontinuity In Subsequent Application, Grant H. Frazier, Justin J. Larson

Barry Law Review

No abstract provided.

Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter

Pepperdine Dispute Resolution Law Journal

In addition to promoting the usage of other compelling dispute resolution alternatives such as dispute review boards, this Article advances the argument for marginalizing the over-involvement of and dependence upon zealous adversarial attorneys when attempting to resolve time sensitive construction disputes. More specifically, the remainder of this Article is divided into four main sections. Part II will introduce the construction industry's transactional system through the lens of principal construction professionals, examine the different types of construction contracts, and outline some common time sensitive construction disputes. Part III will provide an overview of alternative dispute resolution's rich connection to the construction …

Liabilities For Design Defects In A Collaborative, Integrated, Digital Age, Juan Jonnathan Bravo, Jaime Gray

Jonnathan Bravo Venegas

The purpose of this article is to address the new challenges concerning liabilities arising from errors or defects in construction projects that employ new design methods and techniques such as BIM and new collaborative project delivery systems. Following an examination of some relevant legal issues, with particular emphasis on the Peruvian Civil Code, the authors propose that parties should clearly establish in their agreements the scope of work or services and the liability each of them should bear.

Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman

Doug Rendleman

No abstract provided.

Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman

Doug Rendleman

No abstract provided.

Bargaining In The Dark: Why The California Legislature Should Render “No Damage For Delay” Clauses Void As Against Public Policy In All Construction Contracts, Melinda Sarjapur

Golden Gate University Law Review

The purpose of this Comment is to urge the California legislature to revise section 7102 of the Public Contract Code in order to render an NDFD ("no damage for delay") clause void as against public policy in every construction contract when delay is caused in whole or in part by the acts or omissions of the owner or its agents.

Part I of this Comment provides the reader with a brief explanation of how construction contracts are formed and describes the nature of liability associated with delay in the construction industry. Part II includes a brief overview of the general …

Will Green Building Contracts Transform Construction And Design Law?, Carl J. Circo

Carl J. Circo

An Analysis Of The Design-Build Delivery Method In Air Force Military Construction, James W. Rosner

Theses and Dissertations

The design-build method for construction project delivery continues to grow in both the private and public sector. Several government agencies have observed, through experience with design-build, positive results which give “anecdotal” credibility to design-build methods. The objective of this study is to compare the performance of the design-build delivery method with traditional design-bid-build approaches for Air Force (AF) military construction (MILCON). Data related to 835 (278 design-build, 557 traditional) MILCON projects were gathered from the Automated Civil Engineer System – Project Management Module (ACES-PM) for Fiscal Years 1996-2006. The design-build method had better performance for six of eight metrics with …

Cost Of Performance Or Difference In Value, Richard S. Wirtz

Case Western Reserve Law Review

No abstract provided.

بدايــة النهايــة: أثــر ظهــور مجالـس تسويــة المنازعــات على اضمحـلال الـدور شبـه التحكيمـي للمهنـدس الاستشـاري فـي عقـد الفيديـك لمقـاولات أعمـال الهندسـة المدنيـة - دراسة في آليات المنازعات العقدية وفقا ً لتعديلات الإصدار الأخير من عقد الفيديك, Mashael Alhajeri

Mashael Alhajeri

Beginning of the End: Introduction of Dispute Adjudication Boards (DABs) and the Demise of Engineer’s Quasi-Arbitral Role under the FIDIC Form of Contract: A Study in Contractual Dispute Mechanisms according to the Amendments Introduced by FIDIC’s Latest Edition

Alhajeri, Mashael A.

This research paper presents a detailed insight into the Dispute Adjudication Boards system as method of resolving contractual disputes in civil engineering contracts, introduced by the International Federation of Consulting Engineers (FIDIC), through the amendments made to the latest edition of its model contract.

The paper argues that the immediate effect of adopting this system is the restriction of …

Risk-Based Decision Model For Determining The Applicability Of An Earned Value Management System In Construction, Mark D. Workman

Theses and Dissertations

New policy mandated by the Undersecretary of Defense for Acquisition, Technology and Logistics has lowered the dollar thresholds of contracts requiring earned value management (EVM). This policy directed that a "risk-based decision" be made to determine if EVM should be used on firm-fixed price contracts under $20 million. Although not previously applicable to Military Construction (MILCON) building projects or other Air Force Civil Engineer (CE) managed contracts, the new threshold requires that CE projects be evaluated for risk. Therefore, the focus of this research was to analyze the risk factors associated with construction contracts in an attempt to build a …

Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati

Faculty Scholarship

No abstract provided.

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

Mashael Alhajeri

No abstract provided.

Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman

Scholarly Articles

No abstract provided.

The Role Of Alternative Dispute Resolution In Government Construction Contract Disputes, Maria R. Lamari

Hofstra Law Review

No abstract provided.

Arbitration Theory And Practice: A Survey Of Aaa Construction Arbitrators, Dean B. Thomson

Hofstra Law Review

No abstract provided.

Contractor Licensing In The Construction Industry: Substantial Compliance Doctrine Prevents Egregious Results, Michael J. Smith

Santa Clara Law Review

No abstract provided.

Judicial Interpretation Of Indemnity Clauses, Charles M. Pisano

Louisiana Law Review

No abstract provided.

The Distinction Between A Building Contract And A Sale, Lee H. Ayres

Louisiana Law Review

No abstract provided.

A New Bright Line Rule For General Construction Contractors - Brady V. Fulghum, Kimberly Ann Kelly

Campbell Law Review

This note will analyze the background of cases leading up to the rejection of the doctrine of substantial compliance and the effect of those cases, as controlling precedent, in light of the Brady decision. Further, this note will examine the court's opinion to demonstrate that while the court specifically rejected the doctrine it left open the door for recovery by unlicensed general contractors in specific factual circumstances.

"No Damage" Clauses In Construction Contracts: A Critique, Douglas S. Oles

Washington Law Review

This comment concludes that "no damage" clauses should not be enforced because they are generally imposed without genuine bargaining and they tend to work oppressive results on a contractor by subjecting it to a risk of substantial and unforeseeable liability for damages arising from delays attributable to the owner. An analogy to the law of liquidated damages provides a useful illustration of the type of inequity which is promoted by enforcing "no damage" provisions, as well as a doctrinal basis for holding such clauses invalid.

Payment Of The Debt Of Another: Reimbursement By The Discharged Debtor, Susan Kelly

Louisiana Law Review

No abstract provided.

When Is A Sale A Sale?, John Franklin Weeks

Louisiana Law Review

No abstract provided.

Guarantee Clauses In Building Contracts, Stanford O. Bardwell Jr.

Louisiana Law Review

No abstract provided.

Security Devices - Building Contracts - Material Man Distinguished From Subcontractor, Robert B. Butler Iii

Louisiana Law Review

No abstract provided.

Torts - Construction And Repair Contractors - Liability To Third Persons After Acceptance Of Work By Owner, Fred W. Ellis

Louisiana Law Review

No abstract provided.

Proposed Changes In Government Contract Disputes Settlement: The Legislative Battle Over The Wunderlich Case, Franklin M. Schultz

Articles by Maurer Faculty

No abstract provided.

The Firm Offer Puzzle: A Study Of Business Practice In The Construction Industry, Franklin M. Schultz

Articles by Maurer Faculty

No abstract provided.

Building Contracts In Louisiana, Walker P. Mcmurdo

Louisiana Law Review

No abstract provided.