Construction Law Commons^™

Beyond Contract Law: Expanding Legal Education In Construction Management, Grace M. Hetland

Construction Management

The California Polytechnic State University Construction Management (CM) program is designed to prepare students for the managerial responsibilities of the construction industry. However, construction projects involve a broad range of legal considerations that extend beyond traditional contract administration. While the CM curriculum currently includes a course focused on construction contract law, there is limited exposure to other legal disciplines that frequently affect construction professionals throughout the project lifecycle. This research explores the potential value of expanding construction law education in the CM curriculum by implementing an additional topics course as an elective for students. To determine which legal subjects would …

Law And The (Re)Production Of Class Hierarchies In Egypt, Ahmad Abdelnaby

Theses and Dissertations

This thesis investigates how Egypt’s legal system, structurally tilted toward the elite and constitutive of inequality, has interacted with the country’s entrenched culture of class-based discrimination to produce a legal culture uniquely comfortable with hierarchy. It contends that class-based discrimination in Egypt has evolved from a social prejudice into a juridical condition, one in which the law does not merely mirror inequality but actively constructs and rationalizes it. By examining the intersection between legal structure and Egypt’s entrenched moral order of class-based discrimination, the study reveals a legal culture that no longer hides its hierarchies behind the veil of neutrality …

Practicality Of Implementing Sub-Clause 8.4 [Advance Warning] Of The Fidic 2017 Red Book In Egypt, Gehad Ibrahim

Theses and Dissertations

Disputes in construction projects can cause cost and time overruns that can be detrimental to the parties involved and to the project. Several measures have been advocated by the industry’s practitioners in an attempt to avoid disputes and their adverse impacts. One of these measures is the introduction of advance warning sub-clauses in construction contracts, where the contracting parties play a proactive and collaborative role in warning each other of potential adverse impacts to the project. Such clauses have been in the NEC suite of standard construction contracts for decades and have recently found their way to the 2017 edition …

Integrated Project Delivery (Ipd): A Contractual Framework For The Egyptian Construction Industry, Sarah Hussain

Theses and Dissertations

This abstract highlight the significant findings and contributions of the study, which aimed to develop model clauses specifically tailored to the Egyptian construction industry for multi-party construction contracts. The research methodology encompassed several key components. Firstly, a comprehensive literature review was conducted to explore the various construction delivery methods prevalent in Egypt. This review provided a solid foundation for understanding the existing practices and identifying areas for improvement. The study also delved into the concept of Integrated Project Delivery (IPD) and its potential benefits as well as an analysis of the commonly used standard forms of contract and successful case …

Entextualización Del Discurso Político En Colombia. Análisis Glotopolítico Del Proceso De Escritura De La Constitución De 1991, Jorge Luis Alvis-Castro

Dissertations, Theses, and Capstone Projects

Although constitutions are part of the canon of disciplinary writings, along with grammar books and etiquette manuals, and are also central texts in the processes of formation and consolidation of Latin American nation-states, to date, they have not been sufficiently explored in their social and linguistic processes of discursive elaboration. With a glottopolitical approach, this research examines the social, communicative and ideological components involved in the writing process of the Colombian Constitution of 1991, developed in a context of State crisis and violence aggravated by narco-terrorist attacks. Using the concept of entextualization, which refers to the process of extracting discourse …

Implications Of Good Faith In Construction Contracts, Nadine Rashed

Theses and Dissertations

The principle of good faith is making inroads and continues to significantly impact various contractual arrangements. In most civil legal systems, good faith is present as a core principle. Nevertheless, its definition is beyond doubt scarce in the construction industry. However, the common law lacks the good faith obligations. Good faith is one of the fundamental principles that impact the contractual obligations between the contracting parties. This paper creates an urge to address the implications of good faith on construction contracts in the pre-contract and post-contract award stages. Therefore, the paper’s objective is to propose a legal/contractual clause that meets …

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 …

Legal Characterization Of The Challenges Faced By The Construction Industry During Covid-19 And Devaluation Of The Egyptian Pound, Riham Abuzaid

Theses and Dissertations

With all the challenges this past decade has inflicted on the economy on a global scale, Egypt had its share with two major events, starting with the Egyptian pound devaluation against the U.S dollar in 2016 and currently the emergence of the COVID-19 pandemic. These major events instigated the interference of the legal/contractual sectors in the construction market to find solutions that range from agreeable to stringent to protect the assets of their beneficiaries.

Both events are impactful and require extensive analysis to determine and classify each situation. This thesis addresses the implementation of standard internationally acknowledged legislative acts used …

Ideological Preferences Of Supreme Court Justices: The Shift Throughout Tenure, Amelia Ver Woert

Political Science Undergraduate Honors Theses

For this thesis, I will analyze the tenure of five Supreme Court justices across the decades, ranging from the year 1940 up to the present year of 2022. The analysis will examine the variation between the justices' decisions at the beginning of their term compared to the decisions near the end of their term. The purpose of this study is to properly distinguish whether Supreme Court justices who have served on the bench for more than a decade are impacted by ideological drift and preference shifts throughout their career. The importance of this analysis is to determine the impact of …

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 …

Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw

Theses and Dissertations

Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …

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 …

Assessment Of Contract Terms And Conditions For Lump-Sum Contracts, Omar Othman

Theses and Dissertations

A Contract is a tool that defines the obligations of the contracting parties and assigns the risk between them. Contracts are usually drafted to meet the interests of the owner by addressing the legal issues and liabilities. Meanwhile, less emphasis is placed on clearly communicating the contract terms and ensuring that all contracting parties comprehend their risks and obligations. In a country like Egypt, which has faced drastic economic and political changes in the past few years, and yet is experiencing a boom in the construction sector, many developers tend to draft contracts that might be legally complicated or lacks …

Subcontractor Claim Management And Dispute Resolution Methods In The State Of California Versus The Province Of British Columbia: A Case Study, Harrison A D Grant

Construction Management

In the construction industry, discordance between what is expected versus what is delivered often arises. This disparity is commonly handled using informal negotiation. However, if negotiations fail, then claims and disputes often emerge. Issues involving scope of work, change orders, schedule, and payment can lead to conflicts. Companies try to employ the best alternative dispute resolution method to settle subcontractor claims and disputes without the need for litigation. Speaking with construction professionals in California and British Columbia, a difference in opinion exists as to which method is considered most effective when dealing with subcontractor claims and disputes. In California, the …

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 …

Liquidated Damages: An Analysis Of Their Use And Effectiveness, Alfredo N. Aragon

Construction Management

A construction company’s success and/or failure is dependent upon project completion with respect to time and budget. Failure to meet the contract completion date results in a loss of profit for owners and contractors alike. In order to help mitigate project delays, liquidated damage clauses have been included into construction contracts. Incorporating provisions within the construction contracts in the form of liquidated damages aims to help shift the financial burden when there is a failure to meet contractual obligations, hopefully offering quick compensation for delays. Unlike general or actual damages, liquidated damages are pre-defined and agreed upon prior to entering …

Peacekeeping Operations In West Africa: Mechanisms Of Cooperation Between The United Nations And Ecowas With The Case Studies Concerning The Crises In Liberia And The Gambia, Serigne Cheikh Modou Kara Cisse

Dissertations and Theses

The African continent has significantly suffered from a great number of civil wars and armed conflicts since the beginning of the independence era in late 1960s. On May 28, 1975, the creation of a regional The African continent has significantly suffered from a great number of civil wars and armed conflicts since organization in West Africa called the Economic Community of West Africa States (ECOWAS) took place. The intent was to achieve "collective self-sufficiency" for its member states by building a full economic and trading union. In the late 1990s, the maintenance of peace and security in the region was …

Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner

CMC Senior Theses

This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division v. Smith …

Cooperative Construction In Schools In California, John Mauck Donley

Master's Theses

Cooperative Construction in Schools in California

John M. Donley

The construction industry has lost efficiency since 1964, while becoming increasingly more litigious. Schools in California can ill afford the time to allow the construction industry time to fully evolve. It may take years or decades to fully improve the efficiency of, and reduce the conflict within the construction industry.

At the same time, the construction industry has developed new processes to improve efficiency and reduce conflict. These processes are beginning to be broadly embraced by the industry. They all contain cooperative elements. Taken together they represent a new organizing principle …