Journal of Legal Affairs and Dispute Resolution in Engineering and Construction最新文献_第4页

Using Mindfulness to Avoid Accepting Falsely Perceived Problem-Solving Solutions 利用正念避免接受错误感知的问题解决方案

IF 2.5

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction Pub Date : 2023-05-01 DOI: 10.1061/jladah.ladr-966

Joshua V. D. Owens

引用次数: 0

A Procedure for Rebalancing Unbalanced Bidding in Unit Price Contracts 单价合同中不平衡投标的再平衡程序

IF 2.5

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction Pub Date : 2023-05-01 DOI: 10.1061/jladah.ladr-939

K. Hyari

引用次数: 0

Assessing the Functionality of Transboundary Water Compacts, Decrees, and Agreements in the United States 评估美国跨界水契约、法令和协议的功能

IF 2.5

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction Pub Date : 2023-05-01 DOI: 10.1061/jladah.ladr-935

N. Grigg

引用次数: 0

Protest Denied: A Qualitative Meta-Analysis of Failed Challenges to Government Contracting 拒绝抗议:对政府合同失败挑战的定性元分析

IF 2.5

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction Pub Date : 2023-05-01 DOI: 10.1061/jladah.ladr-925

Young Joo Kim, M. Skibniewski

引用次数: 0

Analysis of the Six Preliminary Injunctions Granted in Legal Challenges to COVID-19 Vaccine Mandates for Federal Contractors 对联邦承包商新冠肺炎疫苗授权法律挑战中批准的六项初步禁令的分析

IF 2.5

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction Pub Date : 2023-05-01 DOI: 10.1061/jladah.ladr-919

M. Herrmann

{"title":"Analysis of the Six Preliminary Injunctions Granted in Legal Challenges to COVID-19 Vaccine Mandates for Federal Contractors","authors":"M. Herrmann","doi":"10.1061/jladah.ladr-919","DOIUrl":"https://doi.org/10.1061/jladah.ladr-919","url":null,"abstract":"In September 2021, the Biden administration issued an executive order requiring companies that enter into federal contracts to require and verify that their employees are vaccinated against COVID-19. The executive order has since been challenged in multiple federal district courts. As of the date of submission, six preliminary injunctions have been issued, temporarily ceasing enforcement of the order. This paper is an analysis and summary of the arguments presented and legal reasoning of the courts based on the published court opinions. The key issue common among all six cases was whether the executive order exceeded the scope of authority granted under the Federal Property and Administrative Services Act. The courts reached slightly different conclusions on this issue and had different reasoning, but all issued temporary injunctions. Although most of the injunctions were limited to the plaintiff states, the most notable preliminary injunction was issued by the Southern District of Georgia and was the only one to be issued nationwide. The inclusion of the Associated Builders and Contractors as a plaintiff in that case played a key role in the scope of the injunction being issued on a nationwide scale. Appeals are pending in all cases but given the broad scope of the mandate and the current status of the pandemic, the government faces a difficult appeal. © 2023 American Society of Civil Engineers.","PeriodicalId":46126,"journal":{"name":"Journal of Legal Affairs and Dispute Resolution in Engineering and Construction","volume":null,"pages":null},"PeriodicalIF":2.5,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48411528","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Contractors’ Claims in an EPC and Turnkey Contract: Lessons Learned from a Hydropower Project EPC和交钥匙合同中承包商的索赔：从水电项目中吸取的经验教训

IF 2.5

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction Pub Date : 2023-05-01 DOI: 10.1061/jladah.ladr-915

Sushmit Sharma Bhattarai, K. Kisi, R. Kayastha

{"title":"Contractors’ Claims in an EPC and Turnkey Contract: Lessons Learned from a Hydropower Project","authors":"Sushmit Sharma Bhattarai, K. Kisi, R. Kayastha","doi":"10.1061/jladah.ladr-915","DOIUrl":"https://doi.org/10.1061/jladah.ladr-915","url":null,"abstract":"This study focuses on the contractor's claims on a hydropower project contracted under an international engineering procurement and construction (EPC) and turnkey contract in Nepal. The contractor faced challenges from the mobilization phase and submitted multiple claims to the employer for time extensions and additional overhead costs. This study identified 80 claims for a time extension and additional overhead costs. Through content analysis, this study grouped these claims under six categories: natural disaster, strike, unforeseen risk, material shortage, payment, and the COVID-19 pandemic. First, the study analyzed the claim type, outcome, and decision criteria of the claims. Next, the analysis presented decisions based on general conditions of contract (GCC) and the particular conditions of contract (PCC) clauses. The study found that the employer granted a time extension to most of the claims under natural disaster under force majeure and rejected most of the claims under the other five groups. Finally, the study presents findings and lessons learned from the case study, including the relevant GCC and PCC clauses used in claims resolution. The findings and lessons learned from this case study could help employers and international EPC contractors who want to build hydropower projects in Nepal. © 2022 American Society of Civil Engineers.","PeriodicalId":46126,"journal":{"name":"Journal of Legal Affairs and Dispute Resolution in Engineering and Construction","volume":null,"pages":null},"PeriodicalIF":2.5,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48795012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

A Path to Establishing Delay and Disruption Claims for Contracts Entered into Prior to the Start of the COVID-19 Pandemic 为COVID-19大流行开始前签订的合同确定延误和中断索赔的途径

IF 2.5

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction Pub Date : 2023-05-01 DOI: 10.1061/jladah.ladr-918

M. Herrmann

引用次数: 1

LADR Is Ranked in Quartile 1 in the SCImago Journal and Country Rank LADR在SCImago期刊和国家排名中排名四分之一

IF 2.5

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction Pub Date : 2023-05-01 DOI: 10.1061/jladah.ladr-955

Amarjit Singh, U. Quapp

引用次数: 0

Issues Encountered in the Valuation of Interim Payment Process in Construction Projects 建设项目期中付款过程计价中应注意的问题

IF 2.5

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction Pub Date : 2023-02-01 DOI: 10.1061/(asce)la.1943-4170.0000596

N. Mustaffa, Roselan Nayan, Farah Azwanee Aminuddin, Siti Suhana Judi

引用次数: 0

Legal Topics at the Fourth European and Mediterranean Structural Engineering and Construction Conference 第四届欧洲和地中海结构工程和建筑会议的法律议题

IF 2.5

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction Pub Date : 2023-02-01 DOI: 10.1061/(asce)la.1943-4170.0000590

U. Quapp, K. Holschemacher

引用次数: 0