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Author: American Bar Association. Task Force on Dispute Avoidance and Early Dispute Resolution
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 222
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Book Description
Author: American Bar Association. Task Force on Dispute Avoidance and Early Dispute Resolution
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 222
Get Book Here
Book Description
Author: Barry B. Bramble
Publisher: Transportation Research Board
ISBN: 9780309058582
Category : Law
Languages : en
Pages : 52
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Book Description
This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.
Author:
Publisher:
ISBN: 9780314202888
Category : Law
Languages : en
Pages : 580
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Book Description
Best Practices for Resolving Government Contract Disputes is an authoritative, insiders perspective on best practices for representing and advising clients during government contract disputes. Featuring partners from law firms across the nation, these experts guide the reader through the common elements of a contract dispute and the skills required of an attorney to resolve the dispute successfully. These top lawyers reveal their advice on interviewing the client, conducting research, navigating the due diligence process, and ascertaining the clients objectives and goals. From ensuring that the contract is well-written to communicating with the contracting officer, these authors offer advice on how to avoid a dispute when first structuring the contract. Additionally, these leaders discuss how to overcome obstacles while remaining aware of outside factors that may impact the timeline and outcome of the dispute. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving area of law.
Author: National Research Council
Publisher: National Academies Press
ISBN: 030917998X
Category : Technology & Engineering
Languages : en
Pages : 68
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Book Description
The National Academy of Construction (NAC) has determined that disputes, and their accompanying inefficiencies and costs, constitute a significant problem for the industry. In 2002, the NAC assessed the industry's progress in attacking this problem and determined that although the tools, techniques, and processes for preventing and efficiently resolving disputes are already in place, they are not being widely used. In 2003, the NAC helped to persuade the Center for Construction Industry Studies (CCIS) at the University of Texas and the Alfred P. Sloan Foundation to finance and conduct empirical research to develop accurate information about the relative transaction costs of various forms of dispute resolution. In 2004 the NAC teamed with the Federal Facilities Council (FFC) of the National Research Council to sponsor the "Government/Industry Forum on Reducing Construction Costs: Uses of Best Dispute Resolution Practices by Project Owners." The forum was held on September 23, 2004, at the National Academy of Sciences in Washington, D.C. Speakers and panelists at the forum addressed several topics. Reducing Construction Costs addresses topics such as the root causes of disputes and the impact of disputes on project costs and the economics of the construction industry. A second topic addressed was dispute resolution tools and techniques for preventing, managing, and resolving construction- related disputes. This report documents examples of successful uses of dispute resolution tools and techniques on some high-profile projects, and also provides ways to encourage greater use of dispute resolution tools throughout the industry. This report addresses steps that owners of construction projects (who have the greatest ability to influence how their projects are conducted) should take in order to make their projects more successful.
Author: Aspatore Books
Publisher:
ISBN: 9781596223820
Category : Business & Economics
Languages : en
Pages : 147
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Book Description
Government Contract Litigation Best Practices is an authoritative, insider's perspective on best practices for litigating government contract disputes. Featuring partners and chairs from some of nation's leading firms, these experts guide the reader through the intricacies of a government contract lawsuit, including important differences and similarities between commercial and government contract litigation, the regulations that govern government contracts and the conduct of government officials, and key differences between the forums available for dispute resolution. These top lawyers give tips on structuring bid protests, how to interest the government in alternative dispute resolution when appropriate, how to recognize and take advantage of settlement opportunities, and how to handle the possibility of collateral attacks.
Author: Sandeep Verma
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This short paper looks at select international practices for dispute resolution in government contracts; and offers a preliminary analysis of contractual design and forum design issues for mitigating such disputes in public contracts.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 390
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Book Description
Author: Christopher P. Smith (M. of Public Affairs)
Publisher:
ISBN:
Category :
Languages : en
Pages : 116
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Book Description
Traditionally, parties to a government contract have sought administrative or judicial review to resolve disputes; however, appeals to these courts are costly and may take years to reach a conclusion. Congress has encouraged the use of Alternative Dispute Resolution methods to resolve disputes arising in federal government contracting. Alternative Dispute Resolution includes a broad range of techniques, including mediation; however, use of Alternative Dispute Resolution to resolve disputes in contracting has focused on arbitration. Arbitration is the Alternative Dispute Resolution method most similar to a trial. Attorneys largely lead the resolution of these contractual disputes given their expertise in contract law. This expertise in contract law as well as comfort and familiarity with the litigation process may encourage attorneys to select arbitration over other means of Alternative Dispute Resolution that may be more beneficial to all parties. "Lawyers bred in litigation may not realize when one or more of the techniques in the ADR procedural array may be far preferable to court litigation, and they may take an unnecessarily narrow view of their clients' interests" (Section of Administrative Law and Regulatory Practice, 2001). "Arbitration has become expensive and time consuming because of increasing demands for discovery (a process through which both parties exchange information prior to an administrative or judicial hearing), which results in an unintended consequence of participants not fully engaging in Alternative Dispute Resolution processes. The increased costs of arbitration associated with the discovery process encourages disputants to forgo investing in Alternative Dispute Resolution methods and proceed directly to administrative or judicial hearings where the parties can get a final ruling on the merits of the case with limited appeals options. If Alternative Dispute Resolution is to fulfill its original mandate or promise, parties must find resolution before the parties even get to arbitration. To encourage a fuller exploration of other Alternative Dispute Resolution methods, federal contracts should include mandatory dispute avoidance measures and mediation. Mediation should be required before parties can proceed with a grievance or a lawsuit.
Author: William Sims Curry
Publisher: CRC Press
ISBN: 1420085662
Category : Political Science
Languages : en
Pages : 314
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Book Description
A guidebook through the minefield of government contracting and procurement, Government Contracting: Promises and Perils describes the dangerous practices commonly applied in the development and management of government contracts and provides advice for avoiding the sort of errors that might compromise their ability to protect the public interest. It includes strategies for increasing profits for government contractors, rather than incurring burdensome costs, through compliance with government mandated subcontracting and financial management systems. Drawing from his indepth investigation of government agencies across the country, the author examines present-day scenarios that regularly lead public servants and government committees to manage contracts with tools that are less than optimal and to select contractors that may not be the best qualified. He then delineates practical processes, contracting documents, and contract management tools to mitigate detrimental outcomes and alternative approaches to supplant the imperfect methodologies. The author includes a CD-ROM with the book that provides a number of practical tools that you can apply as well as examples of contracts and templates that are the best he discovered during his research. The book also outlines an approach for performing advance contract planning, conducting contract negotiations, and administering contracts useful when planning for the management of the contracting process throughout the contracting cycle, negotiating a contract that protects the interest of all contracting parties, and ensuring successful contractor performance. The book includes a "Government Procurement Corruption Wall of Shame" that illustrates the myriad perils and stumbling blocks such as conflicts of interest, duplicity, favoritism, incompetence, kickbacks, and protests that government workers fall prey to.. Filled with best practices that protect you from nefarious, amateurish, and criminal mistakes that frequently lead to difficulties with harsh consequences, the book does not end its coverage with discussions of corruption, mismanagement, and ineptitude, but provides practical processes and strategies to diminish the negative impacts from these government contracting perils.
Author: Todd R. Overman
Publisher: American Bar Association
ISBN: 9781641059602
Category : Government purchasing
Languages : en
Pages : 0
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Book Description
An essential resource for anyone working on an acquisition of a company that performs government contracts.
