Construction Law And Ethics
Reading Assignment
Week
7 – Disputes, Risk Management
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Order Paper NowChapter: 18 -19 in Yates for undergrads; Chapters
22-23 in Batholomew for grad students.
Review the following
Discussion
Questions 7
- Why is
negotiation best for resolving disputes? - What
types of special insurance should contractors consider to manage risks? - What
types of risks cannot be managed using insurance? - 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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