Final and binding power clauses in Indian construction contracts

2002 ◽  
Vol 20 (1) ◽  
pp. 13-22 ◽  
Author(s):  
K Chandrashekhar Iyer ◽  
Kalidindi N. Satyanarayana
2016 ◽  
Vol 14 (2) ◽  
pp. 23-30
Author(s):  
Jan Zabłocki

The Roman People’s Assemblies differed depending on the fact whether all the citizens or only the plebeian gathered at them. Concilia plebis could vote plebisscita, which were at the beginning not binding for everyone. Finally, the leges and plebisscita became equal on the grounds of the lex Hortensia. The earlier laws had also dealt with this matter: the lex Valeria Horatia gave binding power to the plebiscites voted during the secession on the Mons Sacer, and the lex Publilia Philonis – to the plebiscites accepted by the Senate. The decisions of the assemblies which were not of the general character were called privilegia. In the case of such legal acts as adrogatio, testamentum calatis comitiis or detestatio sacrorum there was no rogatio and accordingly no lex was voted.


2017 ◽  
Vol 5 (2) ◽  
pp. 80-96
Author(s):  
Raid Saleem Abd Ali ◽  
Nooran kanaan Yassin

This research aims to diagnose and identify the causes of claims and disputes between the contractor and the employer, also review the methods used to resolve disputes in construction contracts. In order to achieve the goal of the research, scientific methodology is followed to collect information and data on the subject of claims and disputes in construction projects in Iraq through personal interviews and questionnaire form. The most important results in this research are: the price schedule contract as a kind of competitive contracts is the most important and guarantee for the completion of minimum level of claims and disputes with relative importance of (84.1), compared with the (cost plus a percentage of the cost contract) as a kind of negotiating contracts is the most relative importance of (79.6), and the turnkey contract as a kind of special contracts is the most relative importance of (74.2). The  contractor and  his agents are one of the most influence sources in occurring claims and disputes in construction contracts with relative importance of (77.4) followed by the contract documents with relative importance of (74.2) and then the employer with relative importance of (73.2). In addition to the long period of litigation and the multiplicity of veto grades are most negative when contractual disputes have resolved by it, and with relative importance of (86), followed by the large number of issues and lack of efficiency and specialty of Judges with relative importance (78.4). Finally, the direct negotiation method (relative importance of 77) is one of the most friendly settlement ways favored by conflicted parties, while the resolution of disputes and claims board (relative importance of 10) occupied the last rank in the friendly settlement ways.


2021 ◽  
Vol 11 (13) ◽  
pp. 6188
Author(s):  
Parinaz Jafari ◽  
Malak Al Hattab ◽  
Emad Mohamed ◽  
Simaan AbouRizk

Due to a lack of suitable methods, extraction of reporting requirements from lengthy construction contracts is often completed manually. Because of this, the time and costs associated with completing reporting requirements are often informally approximated, resulting in underestimations. Without a clear understanding of requirements, contractors are prevented from implementing improvements to reporting workflows prior to project execution. This study developed an automated reporting requirement identification and time–cost prediction framework to overcome this challenge. Reporting requirements are extracted using Natural Language Processing (NLP) and Machine Learning (ML), and stochastic simulations are used to predict overhead costs and durations associated with report preparation. Functionality and validity of the framework were demonstrated using real contracts, and an accuracy of over 95% was observed. This framework provides a tool to rapidly and efficiently retrieve requirements and quantify the time and costs associated with reporting, in turn providing necessary insights to streamline reporting workflows.


Author(s):  
Larry G. Crowley ◽  
Jared L. Madewell

Public agencies generally let construction contracts to the lowest responsible, responsive bidder. In following this practice, agencies recognize there are higher risks of cost growth in awarding to either unusually low bids or to certain “claim-conscious” bidders. Despite this awareness, there are few documented studies supporting or quantifying the presence of these perceived competitive procurement risks. This research undertakes that specific task. First, bids and bidders on a sample of Alabama highway projects are grouped into risk categories by information available at the project bid opening—well in advance of any potential contract award— and without considering actual project performance data. Second, the cost growth experiences of these projects are statistically analyzed based upon these risk groupings. The results indicate that cost growth on Alabama highway projects is significantly more likely when projects are awarded to unusually low bids or to certain bidder types. A similar study performed earlier on Texas highway projects provides nearly identical results. This type of analysis and the derived information can be used by public agencies to amend the procurement process and objectively disqualify unusually low bids or questionable bidders without abandoning competitive procurement principles.


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