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Are subcontractors required to use dispute review boards?

Article Abstract:

The civil infrastructure projects are using the dispute review boards (DRBS) as alternative dispute resolution (ADR) mechanisms. The court found that although the DRB process was appropriate and fair for resolving disputes between the owner and the general contractor, it did not have the semblance of fairness in the context of a subcontractor's claim against the owner and general contractor.

Author: Loulakis, Michael C., Gaba, Carmody, Gavin, Wickwire
Publisher: American Society of Civil Engineers
Publication Name: Civil Engineering
Subject: Science and technology
ISSN: 0885-7024
Year: 2004
Engineering Services, Civil Engineering, Engineering for Nonbuilding Construction, Conflict management, Dispute resolution (Law)

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What is the threshold for 'pass-through' liquidated damages?

Article Abstract:

A contractor could insert and independent liquidated damages clause in the subcontract to prevent the situation where a contractor cannot assess liquidated damages against its subcontractor unless liquidated damages are assessed by the owner. The case, Costello Construction of Maryland, Inc. v. J.D. Long Masonry is used to illustrate liquidated damages disputes.

Author: Loulakis, Michael C., Mclaughlin, Lauren P.
Publisher: American Society of Civil Engineers
Publication Name: Civil Engineering
Subject: Science and technology
ISSN: 0885-7024
Year: 2007
Liquidated damages, Case overview

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Mistakes all around

Article Abstract:

The trends of the interpretation of industrial contracts by justice officials in various cases are described.

Author: Loulakis, Michael C., McLaughlin, Lauren P.
Publisher: American Society of Civil Engineers
Publication Name: Civil Engineering
Subject: Science and technology
ISSN: 0885-7024
Year: 2007
Interpretation and construction, Contracts, Courts

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Subjects list: United States, Company legal issue, Cases
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