a本文分析了建筑工程结算纠纷的成因,总结了建筑工程施工合同结算纠纷案件的特点,在此基础上,对司法实践中的无效建设工程施工合同的工程款结算问题、黑白合同的工程款结算依据问题、政府财政资金投入工程造价结算的有关问题、工程竣工结算迟延以及违约责任的承担问题等四个难点问题进行法律分析,辨析各自主要争议观点,提出了应...
This paper concentrates on these issues and their impact on contract balance and legalities. Also, due to the sluggish legal system in the Middle East, other methods to settle disputes including arbitration and amicable settlements have become a necessity. Sometimes, settlements are enforced on ...
If the RFP and/or contract documents (contract, drawings, specifications), are not properly prepared and coordinated, and/or if they contain errors, particularly of magnitude, this creates ample latitude for both parties to facilitate disputes during project execution. From the owner’s side, the ...
7. Design-Build Contract A design-build contract simultaneously addresses design and construction costs and helps to avoid disputes between the designer and the builder, which can speed up the delivery. Under this type of contract, the construction process begins before the final design is even com...
When disputes arose, however, the subcontractor sued in federal court in its hometown, Austin, Texas. Atlantic Marine filed a motion to dismiss or transfer the case to federal court in Norfolk, Virginia. The district denied the motion and the Fifth Circuit affirmed. The unhappy prime contractor...
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There are many parties involved in a construction project. A contract is a legally binding document that defines how they’re going to work within the larger structure of the project. Construction project managers are responsible for drafting thoseconstruction contracts. These contracts will deal with...
can also ask for verification of financing if there is a “reasonable concern” on the part of the contractor that the owner might not be able to meet its financial obligations or if there is a change to the contractor’s scope of work, one that “materially changes” the contract amount...
Melissa again: Design-Build projects definitely present unique opportunities, and unique challenges. If you are considering entering into a design-build contract, considering a joint venture with a contractor on a project, or otherwise undertaking a corporate organizational change, make sure you have ...
ChapterⅡis more emphasis on from the practical point of view, analysis and research of the construction contract disputes arising from the causes, types. 建设工程合同争议解决的传统模式不外乎自行和解、调解、仲裁和诉讼等,因此,分析和研究国外较为先进的争议解决模式——专家评判机制,对于我国建设工程合同...