Chern on dispute boards : practice and procedure / Cyril Chern.

Format:

Book

Author/Creator:

Chern, Cyril.

Language:

English

Subjects (All):

Construction industry--Law and legislation--United States.

Construction industry.

Construction contracts--United States.

Construction contracts.

Dispute resolution (Law)--United States.

Dispute resolution (Law).

Physical Description:

1 online resource (448 p.)

Edition:

2nd ed.

Place of Publication:

Oxford, UK ; Hoboken, N.J. : Wiley-Blackwell, c2011.

Language Note:

English

Summary:

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, practical explanations of how dispute boards work in construction contracts for those actively involved. as well as for those who need to learn the process. Important features of the book include: Explanation of how a dispute board works: Insider knowledge of board operations: Key documents to

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

Major International Appointing Bodies

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

9786613404800

9781119951995

1119951992

9781119952015

1119952018

9781283404808

128340480X

9781119951988

1119951984

OCLC:

769342454