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Articles are published on a regular basis and within certain categories, and we will try to meet all desires and be as much variety of subjects published as we can.
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Engineering Articles
Engineering, in its broadest sense, is any activity that applies scientific and mathematical knowledge to the solution of material problems. The modern profession of engineering is involved with designing, building and manufacturing most of the devices, systems and structures that characterize technical civilization. Engineering touches virtually every human activity in industrial society, from computers, space vehicles, lasers and satellite communications to buildings, roads, sewage systems, food packaging and paper manufacturing.
To some extent, the history of engineering is the history of humanity’s progress in using tools and observations on the nature of matter to overcome physical limitations and to modify, harness and control the natural environment. Highly organized, complex engineering works were a prominent feature of many of the civilizations of antiquity, where abundant technical skill developed in the design and construction of fortifications, monuments, roads, aqueducts, irrigation networks and other installations, some of which are still in use
Legal Issues for Engineers
refers to the numerous legal considerations that must be taken into account by engineers, considerations that are typically outside of the traditional knowledge base and experience of an engineer. Patents and the process of obtaining one; maintenance of licensing and certification; and having a firm understanding of codes and standards are just some of the many issues facing engineers in their career path.
Alternative Dispute Resolution Research
Information about researching common ADR methodologies, including arbitration, negotiation, mediation, and more.
Arbitration
Arbitration is a common method of dispute resolution that is used by contracting parties. If a contract has an arbitration clause and a dispute arises, a neutral arbitrator can issue legally-enforceable resolution to the dispute (an arbitration award).
Advantages to arbitration include preserving confidentiality, saving legal fees, and, potentially, more limited discovery than a court trial.
Mediation
In the mediation process, the disputing parties meet with a neutral person who facilitates the discussion of their disagreement and the negotiation of a compromise. The main goal of the mediator is not to judge which party is “right” or “wrong,” but to encourage and help the parties to communicate about their differences so that a mutually-agreeable solution can be reached.
Negotiation
Parties who engage in negotiation meet in good faith to discuss their dispute with the goal of coming to a mutually agreeable resolution. Negotiation can take place with or without a lawyer.
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10 Things You Need To Know About FIDIC ( Contract and Clause ). What does ” FIDIC” stand for ?. Fédération Internationale Des Ingénieurs – Conseils (from French, the International Federation of Consulting Engineers) What is The history of FIDIC ?. Founded in 1913 by three countries, each wholly or partly francophone, specifically Belgium, France and …
Arbitration or Litigation? The parties to a dispute are in principle to choose a method of resolving it. Arbitration and litigation each offer certain advantages. Even where a contract contains a clause stating that disputes shall be settled by arbitration, the parties may agree to ignore this and instead go to court. However, the presence …
Architect The accepted role of the architect has long been to design the building, advise on the selection and appoint of other sub-consultant, manage the design, select and appoint the contractor, and the sub-contractors, and generally represent the client’s interests as far as possible. coming with these responsibilities is the duty to act as an …
Avoiding Disputes Avoiding Disputes This article discusses the various systems that have been developed to help resolve disputes as well as the systems that have been developed to minimize the possibilities of a dispute arising. It seems a logical starting point to suggest some of the steps that may be taken by Contractors to avoid getting into a …
Can a contractor challenge the liquidated damages ? What are liquidated damages? Sum of money (agreed-to and written into a contract) specified as the total amount of compensation an aggrieved party should get, if the other party breaches certain part(s) of the contract. The contract also establishes what actions or failures to act constitute a …
Can a Contractor Claim for Loss of Profit ? All standard Forms of Contract provide for the Architect or the Engineer to order variations to the Works, and such variations may include omissions. Whenever variations are ordered that omit work, and particularly if such omissions are substantial in nature, contractors often argue that they should …
Claims Under The New FIDIC Conditions of Contracts This article reviews of the requirements and procedures for the FIDIC Conditions of Contract from a practical point of view with regard to the Dispute Adjudication Board. It is a practical guide rather than a detailed legal analysis, to assist engineers and others will use construction contracts. …
What is the difference between Management Contracting and Construction Management. Management Contracting Management contracting is appropriate for large scale projects requiring an early start on site. The design is undertaken on behalf of the employer and this procurement route is ideal where work needs to be started before the design on the project is completed. …
Contractor & The Construction Claims The effective means of minimizing construction claims contractor The three most important factors in property value are Location, Location, Location! In construction, the three most important factors to successful resolution of issues are Documentation, Documentation, Documentation! If you are a contractor, good documentation is required to present a successful claim, …
Improve the working environment, and create a successful construction team. Yes, Claims don’t result from differing site conditions, bad contract documents, or defective contract administration. They are a direct result of the contractor losing money on the job. This is either because of the above reasons, for which a contract adjustment may be an appropriate remedy, …
Interest and Damages. Interest is either interest as a component of the claim, or interest after the award. Each is for deferent period of time. the rates may also deferent. Interest can be a very substantial component of the claim. Sometimes, by the time the claim comes to trail, interest will be the largest component …
Nine lessons for avoiding construction disputes Construction Disputes: Economic theory tells us that the pain of recessions may put stress on companies, but it also forces them to evolve and adapt. Companies willing to learn from adversity can emerge stronger and wiser. Those who failed to learn from economic hardship are among the significant percentage …
Variation Claims the reason most often given by builders ( Contractor ) for making a claim against the owner for remuneration over and above the original contract price is that ” there was a variation “. there is a widespread misconception in the construction industry that a contractor is entitled to be paid a fair …
