Construction Law And Ethics

Reading Assignment

Week 7 – Disputes, Risk Management

Chapter: 18 -19 in Yates for undergrads; Chapters 22-23 in Batholomew for grad students.

Review the following

Discussion Questions 7

  1. Why is negotiation best for resolving disputes?
  2. What types of special insurance should contractors consider to manage risks?
  3. What types of risks cannot be managed using insurance?
  4. What risks are assumed in doing “green” projects and why can’t such risks be avoided?

Assignment – 7

Due at midnight MST on the last day of the week.

 Review Appendix J in the text, the American Arbitration Association website, and: http://www.courtstatistics.org/~/media/microsites/files/csp/data%20pdf/csph_online2.ashx. For students using the Sweet text, there is no equivalent to Appendix J in Yates, but Sweey Sections 26.9-26.17 give you the same background material.

 Although the court statistics article is not about construction cases, they data is fairly applicable to construction cases.

 Given the following conditions, estimate and compare you r thoughts on expected costs and time associated with arbitrating or litigating the case involving:

  A case involving a dispute over $2,000,000 claimed to cover removal of the cyanide soil mentioned in an earlier assignment

  • Both owner and contractor will use lawyers
  • Depositions will not be needed in arbitration, but will be needed for 45 witnesses in litigation
  • All of the witnesses will testify in both arbitration and litigation
  • The arbitration will use one arbitrator
 
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