Current Discussions and Recent Case Laws on Dispute Adjudication Boards (DAB) inConstruction Industry
Başlık çevirisi mevcut değil.
- Tez No: 721981
- Danışmanlar: PROF. JEAN-BAPTİSTE ZUFFEREY
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2017
- Dil: İngilizce
- Üniversite: Albert-Ludwıgs-Unıversıtat Freıburg Im Breısgau
- Enstitü: Yurtdışı Enstitü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: Belirtilmemiş.
Özet
Özet yok.
Özet (Çeviri)
This dissertation, by means of research and case study, deals with the dispute adjudication boards (DABs) within the construction industry and tries to reflect current discussions and recent case laws concerning DABs. Disputes in the construction industry occur for a variety of reasons. The main areas giving rise to construction disputes are time and cost overruns, quality of workmanship, payment, contract documentation, construction information and site supervision, relationships between the various parties, which are often adversarial. For example, disputes over time and cost overruns arise as a result of uncertainty about who is liable for the overruns and why they occurred. All parties in the construction process are usually trying to maximize their profits, so faced with a cost or time overrun (which obviously has a cost implication), parties will fight to protect their profits. The quality of workmanship arises if there is insufficient monitoring or inspection, or if parties disagree about the quality of an aspect of the project and typically these result in an adversarial dispute situation. Timely and correct payment is important for the players in the project. Often companies are relying on correct and on- time payment in order to purchase equipment or pay their own accounts. If payments are late or withheld disputes may arise. One of the common areas of construction dispute is contract documentation. Sometimes there are ambiguities or inconsistencies between various sections of the contract, or incorrect wording or a lack of definition. Disputes can arise when parties disagree in their interpretation. Standard conditions of contract go some way to alleviating definitional problems, since they usually contain definitions of commonly used but potentially misunderstood terms. The administration process can also lead to disputes. For example, construction disputes can occur if variation orders are not issued, or if there is a general lack of construction information, such as clear instructions or inspection reports. Site supervision, one area of administration, can lead to disputes for a number of reasons. Sometimes there is too much supervision, which can make one party feel continuously watched and monitored. At other times there is inadequate supervision or administration, leading to associated problems such as insufficient inspections or poor instructions. Finally, relationships between parties can be a problem. When parties find that the project is running late or is over budget, the players' stress increases and the parties may argue about responsibilities, causing a breakdown in relationships. This breakdown may then lead to a lack of communication, mistrust and often results in adversarial relationships which can impact on the approach taken within the negotiation process or on the success of dispute- resolution strategies adopted. The aim of this dissertation to put on the table dispute resolution practices and more specifically Dispute Adjudication Boards practices within the industry in resolving disputes in light of recent case laws. It is hoped that any interested party in this dissertation shall note that conflict within construction is as integral to the construction of any project as its very foundations.
Benzer Tezler
- İfade özgürlüğünde caydırıcı etki
The chilling effect on freedom of expression
DİDEM TOMBUL
Yüksek Lisans
Türkçe
2023
HukukGalatasaray ÜniversitesiKamu Hukuku Ana Bilim Dalı
DOÇ. DR. ÖZEN ÜLGEN ADADAĞ
- İnşaat sözleşmelerinde hak talebi yönetimi: Kamu projeleri için öneri model
Claim management in construction contracts: Proposed model for public construction projects
İSMAİL CENGİZ YILMAZ
Doktora
Türkçe
2013
Mimarlıkİstanbul Teknik ÜniversitesiMimarlık Ana Bilim Dalı
PROF. DR. HÜSEYİN ATİLLA DİKBAŞ
- Finansal ürünlerin vergilendirme ve yasal düzenlemeler açısından değerlendirilmesi
Başlık çevirisi yok
ATİLLA UYANIK
- “Vatan için ölmek”: Türkiye'de şehit asker kültünün sosyo-politik inşası ve şehit aileleri dernekleri
“Dying for the motherland”: The socio-political construction of martyr soldier cult and martyr family associations in Turkey
ŞAFAK AYKAÇ
- Türk ceza hukukunda koşullu salıverilme
La libération conditionnelle en Droit Pénal Turc
FURKAN ALİ ŞİMŞEK
Yüksek Lisans
Türkçe
2023
HukukGalatasaray ÜniversitesiKamu Hukuku Ana Bilim Dalı
PROF. DR. EMİNE EYLEM AKSOY RETORNAZ