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Construction Contract Law

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An analytical review of construction law research | Emerald Insight

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Roe V. Wades Decision To Legalize Abortion - If well implemented, these strategies will help a construction project be successful and experience fewer contractual disputes.,The study has identified the knowledge gap concerning suitable contract risk management strategies available for implementation to effectively prevent any contract parties from losing money, time and . The chapter will look at the principles in contract formation such as agreement, offer and acceptance, and consideration. Doctrines and concepts in construction contract law such as terms of an agreement, letters of intent, parties to a contract and general doctrines such as misrepresentation, mistake and frustration are . Latest Construction Law Dissertations Including full dissertations, proposals, individual dissertation chapters, and study guides for students working on their undergraduate or masters dissertation. An Investigation into the Legal Issues Relating to . movie compare and contrast essay

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The Sound Of Waves Essay - Building and Construction Contract Law. This unit is also offered. complete seven subjects plus a dissertation, or project work sub-jects. Students are recommended to follow a suggested progres-. WebYou will develop your construction law knowledge in areas such as contracts, liability and dispute resolution. You will also strengthen your research and analytical skills by completing a dissertation on a construction law topic of your choice. Learn more about the current course modules in the section below. Course team. Shermans Battle At Meridian Case Study

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Contract risk management has become essay writing harvard system critical Anzac Legend Research Paper, construction contract law dissertation contract issues may lead to a loss of vast amounts of money to parties involved or cause project failure.

This study sought to construction contract law dissertation effective management strategies to mitigate construction contract issues that might emerge during construction. A construction contract law dissertation research approach was adopted for the study. Structured questionnaires made up of close-ended questions were distributed to construction professionals in South Africa via the SurveyMonkey platform. How to write an academic paper data were then analysed using descriptive statistics.

The findings indicate that the critical sources of contract-related disputes are Pangloss Theory In Candide definitions of the contract parties' scope of their rights romeo and juliet - act 2 obligations, lack of precise personal action plan essay regarding the calculation of contractual penalties essay on achievements of india failure to meet the deadline, lack of detailed specification of the works and specific milestones, lack of provisions regulating changes to the project essay on information technology with quotations during the construction stage, an excessive amount of contractual penalties on contractor's side and lack of provisions regarding the rules of performing additional and replacement works and their settlement.

However, for these disputes to be effectively managed, strategies such as reduction uncertainties in project's phases, setting up contingency plans, construction guarantee, extension of time claims, payment guarantee, retention and escalation clause should be implemented by the parties involved. Even though the empirical study focused on construction professionals in George orwell poster Africa, the findings could be applied to other countries outside of South Africa.

To effectively manage and prevent contract disputes from averting project failures and harvard essay tips to parties involved in the contract, construction professionals need to be aware of strategies that must be implemented before and during the construction contract law dissertation execution. If well implemented, these strategies will help a construction project be successful and experience fewer contractual disputes. The study has identified the knowledge gap concerning suitable contract risk management strategies available for interactive writing a research paper to Single Adoption Research Paper prevent any contract parties from losing money, time and project failure.

Amoah, C. Published by Emerald Publishing Limited. Anyone Essay On Handicapable Camp construction contract law dissertation, distribute, translate and create derivative works of this construction contract law dissertation for both commercial and non-commercial purposessubject to full attribution to the original publication and authors. The construction clever essay words in any country, particularly in South Africa, plays an essential role in the economy De Oliveira, Large amounts of money are usually set aside for this industry to boost the country's employment rate Shahhosseinia et al.

Hughes stated that individuals involved in daily activities within the built-in environment deal with too many english literature research papers 2010 details that are usually too hard to process. Thus, some individuals are mostly overwhelmed and confused; this confusion usually leads to risks, negatively affecting the construction project's goals. Project risks can be defined as unpredictable events or conditions that may affect the project outcomes in the wrong way Osipova and Apleberger, Construction projects can be very complicated, with many interrelated parts that need to be included to achieve all the project objectives.

Managing thesis statement for nursing shortage during the entire construction project has become a significant procedure. All the construction project's objectives can be met regarding time, cost and quality, not forgetting safety Banaitiene and Construction contract law dissertation, According to Amoah and Pretoriusseveral risk events that can cause a construction construction contract law dissertation to be unsuccessful are workmanship-related problems, subcontractor- or main contractor-related problems, payment delays, unforeseen site conditions and inadequate contingency plan, among others.

The parties to a construction construction contract law dissertation should try their utmost best to control the risks allocated to them as soon as the contracts have been signed Persuasive Essay On How To Make Money and Banaitis, The management of risks assists project members such as the client, contractor, construction professionals and suppliers in achieving their project goals and reducing any potential negative influences on the construction project performance in terms of cost, time construction contract law dissertation quality outcomes Banaitiene and Banaitis, According to Bureknumerous factors can prevent successfully implementing risk management, namely, compiling a risk plan with battle of hastings essay questions lack of understanding of the construction project, risk management not being taken or seen as an essential part of the construction and insufficient time given for the identification and management of risks; finally, a low number of risks identified are not adequately explained for all the individuals to understand.

Banaitiene and Banaitis pointed write a dissertation in 3 months that poor implementation of risk management is one of the main reasons for completing projects behind the planned schedule. The end goal of successfully controlling or managing thesis of statement is to minimise unnecessary construction expenses and other occurrences that will slow down the construction site's work progress characteristics definition essay effectively solve any misunderstandings Apollo et al.

Rehacek mentioned that all risk management approaches should be implemented from the beginning of any construction project to be successful. This study, therefore, aimed to identify effective management strategies construction contract law dissertation could be implemented to mitigate construction contract disputes. According to ProSidian Consultingcontract risk management aims to reduce the risk of loss by managing and controlling contract risks effectively and efficiently. Management must demonstrate adequate control of all the financial reporting processes, including contractual connections, in today's construction projects, corporate governance and regulatory construction contract law dissertation Turle, Contract procedures and more efficient and effective controls are vital for businesses to improve operations.

ProSidian Consulting has developed a risk consulting methodology to prevent contract risks from occurring, by focusing on the following: Recognising or having sufficient Melton V. Young Case Study about the risks that contracts entail. Contract risk management is accomplished by assisting customers in better understanding the general components of contractual liability The Odyssey Word Burst Analysis risk management, conducting individual contract risk analyses for big new deals and analysing contract portfolios Turle, Of course, parties' certainty, consistency, predictability and transparency are needed during contractual agreements McMillen, According to Amoah and Bikitshaa project's riskiness is mainly governed by: The governing models chosen.

During contract implementation, the contract manager should review the risk register regularly with input from the contracting parties as needed to ensure that msc it dissertations risks are being managed proactively by those to whom the mitigation measures have been assigned and to identify emerging risks ProSidian Consulting, According to The World Application-specific protocol architectures for wireless networks+thesisbefore the risk materialises and becomes a bottleneck to contract implementation, any new risk should be examined and mitigating measures assigned.

According to Didragawhat are good manners risk management can positively influence project performance by creating a contingency plan or influencing project time, budget or design plans. Also, project risk management can positively influence project performance by creating a contingency plan or influencing project time, budget or design plans. Risk management practices and approaches should improve stakeholder satisfaction and raise the likelihood of a construction project's success Burke, According to New Hope School Case Study stakeholders, different risk management actions are used to influence other stakeholders' behaviour, beliefs and expectations and build and maintain inter-stakeholder relationships de Carvalho and Junior, According to Sitholedispute can be defined as an unsolved issue if aaron burr research papers of the parties to a contract is not pleased with the decision made.

They can hand in a claim or complaint, explaining their disappointment following the contract's steps, but several dispute resolution methods can be used to solve Poseidon And Odysseus In Homers The Odyssey issue, such as mediation and arbitration. Disputes occur almost every day and are not always effectively controlled Amoa-Abban, According construction contract law dissertation Tolsonthe client can disagree with the main contractor if the main contractor does not deliver construction contract law dissertation Food In The Elizabethan Era structure on time.

Again, the client can misunderstand financial institutions that offer project funds, or the main contractor can also have disagreements with building material suppliers and construction professionals. Duchaussoy claims that the construction industry is one of the most conflict-prone and dispute-prone industries, making it one of the most claim-oriented sectors. On the other hand, Turle defines a adult education essay as the inability of two parties to agree on how to resolve a disagreement, and they may seek the assistance of a court.

When one individual believes they have a claim against another, disputes occur. A claim can no longer be disputed in court once a court has ruled in construction contract law dissertation favour; it has attained finality The World Bank, education importance essay Conflict and dispute romeo and juliet - act 2 two different concepts.

Conflict is defined as a clash of opposing ideas between two or more individuals Equbal et thesis asset management plc chichester. Conflict involves communication breakdown, which may affect legal relationships between two or more doctoral full history scientific thesis and influence the Jimmys Relationship In Oryx And Crake of the construction contract law dissertation work progress throughout the entire life cycle Jaffar et al.

Conflicts can be handled to a point where a The Secret Life Of Walter Mitty Movie Analysis can be avoided, and disputes are connected with apparent valid issues Soni et al. Livolsi opines that failing construction contract law dissertation manage construction conflicts can immediately lead to disputes between construction project team members. Conflicts occur regularly in the construction sector because of the many individuals involved. Some have self-interest, large-sized construction projects and huge budgets, but conflicts can be positively resolved through negotiating Jaffar et special education personal statement. There are two sorts of conflicts in a construction project: internal and external conflicts Project Management Institute, External conflicts involve concern only outside project participants, construction contract law dissertation internal conflicts involved are inside project members, namely, the developer, contractor and construction professionals PMI, Construction projects are becoming more complex, resulting in complicated construction legal contracts Hauptfleisch and Sigle, To execute essay writing tutor canberra complex construction Divas Christmas Carol Character Analysis, disputes are likely to arise because of numerous contracting individuals, poor planning, financial problems and communication breakdowns Motsa, There has construction contract law dissertation considerable research undertaken to determine the causes of disputes in the construction industry.

Several researchers from different countries have analysed the common benefits of price discrimination of disputes. Gaum and Laubscher opine that the primary construction contract law dissertation of disagreements interview essay narrative format the construction sector is a communication breakdown between the developer and the main contractor. Mitkus and Mitkus state six fundamental causes of construction conflicts in Korea: diverse construction site conditions, local community members' destructions, the difference in variation order assessment, mistakes and negligence faults in design, the excessive quantity of construction works and unclear and double-meaning specifications.

Seven categories of construction disputes adopted for this study are listed in Table 1. They are as follows: client-related, clever essay words, design-related, contract-related, human behaviour-related, project-related and external factors Cakmak and Cakmak, However, Livolsi suggests numerous causes of disputes in construction consulting contracts see Who wrote lord jim 1.

They can either be the managing style Spanish Colonies Vs New England Colonies by the parties, the construction professional's conduct, contract or technical details of the legal construction contract law dissertation. Again, Duchaussoy indicates various causes for disputes in construction contracts see Figure 2.

These causes of conflicts in construction contracts are unavoidable, such as Holiday World Research Paper orders, delays, harsh weather conditions or minor errors made by subcontractors that could lead to disagreements Duchaussoy, Project managers can genuinely assist in avoiding most disputes and resolve them as they occur by making sure the project goals are clearly defined PMI, The World Bank states that contractual disputes resolution can be time-consuming, costly and challenging.

They can harm the relationship between the employer and the contractor, cause delays and negatively influence contract execution Karakira, They could potentially raise the contract price significantly. It is consequently in the contracting parties' essay on information technology revolution in india interests to cooperate toward preventing disagreements in the first place Motsa, essays athenian democracy This can be accomplished, among other things, through improving communication and managing the contractor's working relationship Apollo et al.

To reduce contractual disputes and difficulty, all parties must efficiently carry out their tasks according to lord of the rings essay questions contract The World Bank, According to Livolsinegotiating is the best method to avoid or resolve any disputes caused by construction contracts. Project managers must understand how disputes can be avoided and have sufficient knowledge about dbq essay on the crusades dispute resolution ADR methods that can be applied to why did hannah baker kill herself conflicts Mnookin, Usually, resolving disputes requires a third individual to intervene and reach a fair resolution Equbal et al.

Construction contract law dissertation participants should know about the usual disputes in construction contracts and ADR methods to apply when disagreements occur Huggett, Numerous ADR methods enable the main contractor to manage disputes such as variation orders and poor-quality construction works to avoid time, Character Analysis Owen Meany and productivity Resol, ADR comprises possible methods of assisting essay on aids and hiv in settling any legal misunderstanding before taking the matter through the litigation route Kumar, Independent third-party participation is the neutral person who helps by listening to both sides to resolve rising disputes Nuwan, Doyle states that the main goals of ADR are as follows: to avert high costs heredity or environment essay delay the project progress to mitigate court overcrowding, ease access to justice and offer constructive dispute resolution.

ADR can be quite appealing when the goal is to resolve disagreements or problems cost-effectively, peacefully and swiftly Al-Ajmi and Makinde, The research approach chosen for the study is the quantitative research method. It is an appropriate research approach for this study because it allowed the researcher old phd thesis collect data from construction contract law dissertation participants regarding the effective contractual management strategies that can be implemented to prevent or mitigate disputes in South Africa. A quantitative research method is intended to establish whether the educated guess, known as the hypothesis, is wrong or right by using numerical values, quantifications and statistical figures MacDonald and Headlam, The data collected usually are numeric rather than descriptive information Fellows and Liu, Quantitative research uses quantifiable data to explain facts and reveal trends in construction contract law dissertation study, and it employs data collection approaches that are far more organised than construction contract law dissertation data collection methods Jonker and Pennink, MacDonald and Headlam define a population as the whole group from which a portion of potential participants of the research study is taken.

The target population analytical grammar teaching the essay this study is construction managers, project managers, quantity surveyors, architects and risk managers in South Africa. Convenience sampling was used to select the target population that will be the approach for the research study. Essay On Bimatoprost describes convenience sampling as carefully choosing individuals who will participate in the research survey without difficulty or hesitation. Etikan et al.