In preparing to bring a dispute to some kind of resolution,what measures should be taken by the contractor?
Q: What is the Litigation process?
A: Litigation is the process of arguing or engaging in legal action in court as a method of settling a…
Q: Smith’s advertisement for bids on the construction of a sewage-disposal plant stated: “$500 per day…
A: Given: Smith gave advertisement for bids on the construction of a sewage-disposal plant…
Q: Explain the tender procedures?
A: Tendering is the process of making an offer, bid or proposal, or expressing interest in response to…
Q: Do the contractors have the right to file claims?
A: Yes, the contractors have the right to file claims.
Q: Designation allows a person to conduct or participate in the process of arbitration. Select one: a.…
A: Arbitration- It is a process of solving disputes between different parties.
Q: What standard forms of contract are offered by JCT?
A: The Joint Contract Tribunal's (JCT) standard forms of contract are created for difficult or big…
Q: What are the several factors to chose a contract?
A: A contract is a legally enforceable file that identifies and regulates the rights and…
Q: Is the Insurance coverage an important contractual responsibility of the contractor?
A: Contractual insurance protects against accidents that the policyholder has expected from entering…
Q: How is time measured in construction contracts? Provide and example of a type of project that would…
A: Time measured in construction contracts: In any construction, project time plays an important role.…
Q: How can a project become involved in litigation?
A: Litigation is the mechanism through which a lawsuit is taken to trial. The legal cycle is usually…
Q: Is the contract time always the same?
A: The contract is a legal agreement which is signed between two or more parties. The limitation period…
Q: Negotiated tenders will cost the employer more for the purpose of implementing the project by the…
A: Tenders mainly pass as per the price and regulations of the higher bodies. In which the whole…
Q: What are the different types of business disputes?
A: When a dispute occurs within a business is called as business dispute. The business dispute should…
Q: Why are the Arbitrators normally not bound by rules of law?
A: The term arbitration is a consensual method of conflict resolution between parties in which a third…
Q: What are the obligations of the contractor?
A: In the construction project various roles are performed by the contractor. The contractor is the…
Q: What is the “contractor’s risk,” and how does it relate to the type of construction contract to be…
A: Contractor's Risk : when the term is used in association with a construction project, is the…
Q: What are the alternative methods for dispute resolution?
A: Alternative dispute resolution is a method for resolving conflicts outside of the courtroom or…
Q: Why is the Insurance coverage an important contractual responsibility of the contractor?
A: Insurance is very important in case of contract.
Q: what grounds and to what extent could damages be claimed in a contract?
A: Contract- It is defined as a legally binding document entered by two or more parties with certain…
Q: What actions can be taken to collect liquidated damages for the failure of a contractor to meet…
A: Liquidated damages are penalties the value to which the parties assign as reimbursement for a…
Q: What are the benefits of the Changed Conditions Clause used by the Owner?
A: The Changed Conditions Clause is the most common and effective clause used in any construction…
Q: What is a design-build contract and its functions?
A: The design-build contract is a type of contract in which the contractor has the sole responsibility…
Q: What can be the result of the contractor’s failure to follow mandated government claims procedures?
A: A contractor is a self-employed person that carries out work for the construction company. The…
Q: What is the fixed-price incentive contract?
A: Fixed price incentive contract is a contract in which a fixed percentage on the total target cost or…
Q: Which of the following listed documents is the preferred location for specifying the amount of…
A: Given documents are: Notice Inviting Bids Instructions to Bidders Bid or Proposal AgreementGeneral…
Q: Does an arbitrator normally play apassive role?
A: Arbitrator is an independent person which is appointed for resolving the dispute between the…
Q: What are some of the safety items that may be pertinent to the contract?
A: The Contractor will take all precautions of safety when executing the work assigned and will always…
Q: Why do the contractor favor no fault settlement while resolving a dispute?
A: A dispute resolution is also referred to as alternative dispute resolution, it is a method for…
Q: Is litigation more preferable or the arbitration more preferred by the contractor?
A: lest's first understand the difference between "litigation" and "arbitration".
Q: The AIA and its Document Committee follow this (these) basic axiom(s) in drafting their every 10…
A: Basic axiom in agreement is to reflect the normal, reasonable expectations and actions of the…
Q: What are the causes of Scope of Work Disputes?
A: The construction management has the responsibility of supervising the planning, scheduling,…
Q: What is the Miller Act and what does it specify regardinggovernment contracts?
A: Miller Act, a U.S. law that was passed in 1935. The act mandates that before any contract of more…
Q: What is one of the most common causes of contractor claims?
A: There square measure several quite conflicts occur in construction industry between the parties that…
Q: What are the rights of all the parties in construction operations?
A: The construction of huge projects requires expertise from every field. It involves collaboration of…
Q: Can the construction contracts for public works be resolved by arbitration method?
A: Arbitration: Arbitration could be a closed format for parties to settle a civil dispute by agreeing…
Q: True or False? Litigation would be the only recourse for an Owner to recoup losses from incorrectly…
A: Given- True or False? Litigation would be the only recourse for an Owner to recoup losses from…
Q: What type of bond guarantees that if a contractor goesbankrupt on a project the surety will pay the…
A: Payment bond guarantees that if a contractor goes bankrupt on a project the surety will pay the…
Q: What are the disadvantages of the written contracts?
A: Written contract: A written contract could be a written agreement between 2 parties, one a borrower…
Q: How do the owners collect the liquidated damages from the contractors during construction?
A: Liquidated damages are the method of sharing risk between the owner and the contractor and are…
Q: What are the common forms of settlement of contractor claims?
A: A claim may be a request for compensation not anticipated within the terms of the initial contract.…
Q: What is the Breach of contract?
A: "Contract violation" is a legal term describing infringement of a contract or arrangement that…
Q: What are Guaranteed Maximum Price Contracts?
A:
Q: Does the arbitrator have the authority to take final decision?
A: Arbitration is a personal procedure in which the arguing parties decide that after obtaining…
Q: Should any of the parties bring an attorney to a construction meeting? If one does, what should the…
A: No, attorney general of both the parties must present in a construction meeting.
Q: What is the main problem with arbitration?
A: The lack of a structured proof procedure is one disadvantage to the procedure. The lack indicates…
Q: Why should the Acceptance of the work must proceed according to the termsof construction and…
A: Acceptance of any construction work must proceed according to the terms of construction and contract…
Q: Some people feel that lump-sum contracts can foster amore contentious work environment than any of…
A: True
In preparing to bring a dispute to some kind of resolution,what measures should be taken by the contractor?
In a construction project disputes arises when the contract parties disagree with each other. This disagreement occurs due to
- Violation in the construction contract and responsibility assigned.
- Lack of understanding of conditions of contract.
- Any kind of delay in the contract.
- Failure of administration of the contract.
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- Briefly describe what are some strategies for resolving disputes related to non-performance of a contract?If the Contractor incorporates used material into a project without the Owner’s and/or Architect’s consent, the Contractor may be in breach of what obligation under the AIA General Conditions of Contract?What procedural steps should be taken by the contractor in a contract?
- What can be the result of the contractor’s failure to follow mandated government claims procedures?How is time measured in construction contracts? Provide and example of a type of project that would be suited for each way. What are liquidated damages and what are the consequences of not including liquidated damages provision on a project? How are liquidated damages related to consequential damages?What is meant by the following terms?a. Yellow-dog contractb. Agency shopc. Subcontractor clause