Chern on Dispute Boards.

Chern on Dispute Boards.

A dispute board is a panel of impartial members, appointed at the outset of the construction contract, whose purpose is to monitor progress, resolve disputes as they arise and provide a forum for discussing difficult matters. This book provides an in depth analysis of dispute board law and detailed,...

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Bibliographic Details
Main Author: Chern, Cyril
Format: eBook
Language:English
Published: Hoboken : John Wiley & Sons, 2011.
Edition:2nd ed.
Subjects:
Construction industry > Law and legislation > United States.
Construction contracts > United States.
Dispute resolution (Law) > United States.
Construction contracts
Construction industry > Law and legislation
Dispute resolution (Law)
United States
Online Access:Click for online access
Table of Contents:
  • Chern on Dispute Boards: Practice and Procedure, Second Edition; Contents; The Author; Preface; Acknowledgements; Chapter 1: The Dispute Board Concept; What is a dispute board?; What makes a dispute board unique? What can be achieved by using a dispute board?; Recommendations vs Binding Decisions; Non-binding recommendations; Interim-binding decisions; Differences between dispute boards and arbitration, mediation, adjudication and alternative dispute resolution (ADR); History of dispute boards; Growth of dispute boards; An overview-composition of dispute boards and their operation.
  • The chairperson's roleAppointment and membership; Board member qualities; The importance of early appointment and of regular site visits; Routine operations; Subcontractors; FIDIC Conditions of Subcontract for Construction; Formal vs Informal operations; Hearings; Dispute board procedures; Dispute board costs; Why dispute boards work; Why dispute boards are claimed not to work; International aspects; The future; Chapter 2: Types of Dispute Boards; The Dispute Review Board (DRB); The Dispute Adjudication Board (DAB); The Combined Dispute Board (CDB); Common Aspects of all Dispute Boards.
  • Dispute board formationOther forms of board dealing with disputes; Chapter 3: Legal Basis for Dispute Boards; Legal Systems-Overview; Common law; Civil law; The Historical Development of Dispute Boards; Contemporary Legal Development of Dispute Boards; The engineer/arbitrator as judge; The engineer as quasi-arbitrator; The development of non-statutory adjudication; The development of statutory adjudication in the UK; Mandatory Provisions; The process under the Act; The Scheme for Construction Contracts; The Act-Main Areas-Is There a Dispute?
  • Does the dispute arise under a construction contract?Is the contract in writing within the meaning of s. 107?; The process; Procedures under the Scheme; Notice of Adjudication; Appointment of an adjudicator; The referral notice; Adjudicator's Powers and Duties; Changes to the Housing Grants Act; Adjudication and Dispute Boards in England; Extension to International Cases; Specific regional non-common law country differences and methods; Host Country Rules-Dispute Boards under Common, Civil or Sharia Law; Chapter 4: Case Histories; Dispute Boards in Operation; Historical Cases.
  • China: Ertan Hydroelectric ProjectAfrica: Katse Dam Project; Hong Kong: Hong Kong Airport; England: Docklands Railway; England: Saltend Private Power Plant; Canada: Niagara Tunnel Project; China: Yellow River Diversion Project; USA : I-15 Reconstruction-Salt Lake City, Utah; France-England: Eurotunnel; Chapter 5: Appointing and Establishing a Dispute Board; Composition of Dispute Boards; Single-member dispute boards; Two-member dispute boards; Three-member dispute boards; Mega-member dispute boards; Micro-dispute boards; Ad hoc dispute boards; Miscellaneous situations.

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