Mechanisms for resolving international contracts for building and construction disputes: آليات حسم منازعات العقود الدولية للبناء والتشييد

Consider of resolving international contracts for building and construction is extremely important for architects and building construction implementers, as international building and construction contracts are complex contracts and countless international parties participate in their implementation. The aim of this research is to show the legal implications of implementing dispute resolution mechanisms, international contracts in construction and construction. The International Building and Construction Contract does not deviate from being a complex, international commercial contract, from private law contracts, even with the presence of the state or a legal person as a party to the contracts, this does not change their legal nature as contracts of law. The private where the results of the following research study showed: 1- The failure of national legislation to address many of the problems arising from international contracts for building and construction, which are of a technical nature due to their rapid development that are unable to keep pace with those national legislations, thus enhancing the role of rapidly developing and modifying model contracts to ensure simulation of the practical reality of these new technical problems and to provide the best means. To solve it, we extracted from the research the following results. 2- Model contracts are not considered contracts in the strict legal sense as they do not include consent between two parties, but rather they are a pre- prepared contract formulation in printed form, so that it is ready for use by the parties to the contract, and it is not evidence except for the persons who agreed to the agreement to refer to it where the search was used The inductive approach to measuring and understanding its archeology, as it relied on reviewing previous literature and studies in explaining the legal implications, and the research recommendations came as follows: 1- Attaching special importance to drafting international contracts for building and construction, and entrusting this task to a team of legal, technical and economic experts who have the scientific and practical qualities that qualify them to do this task in the best way, so that the parties to these contracts can avoid or at least reduce the disputes arising from these contracts. 2- Preparation and drafting of a unified Arab contract as a model for concluding international contracts for building and construction, which is evident in the customs and habits of this industry derived from our contemporary reality and in line with the legal concepts prevailing in our Arab countries, so that they act as the actual guarantee on which every contractor from our Arab society depends.

Classifying Compensations in Construction Disputes Using Machine Learning Techniques

It is highly probable to encounter disputes in construction projects and construction disputes are detrimental as they may lead to cost overruns and delays. Knowing the compensation with some certainty can avoid parties from extending inconclusive claims. Decision support systems can be helpful to understand the aspect of the compensation, if any compensation can be acquired. Within this context, the primary objective of this research is to predict the associated compensations in construction disputes by using machine learning (ML) techniques on past project data so that in new projects, decision support can be provided with some certainty via forecasts on the aspect of the compensation. To do this, a conceptual model identifying the attributes affecting compensations was established based on an extensive literature review. Using these attributes, data from real-world dispute cases were collected. Insignificant attributes were eliminated via Chi-square tests to establish a simpler classification model, which was experimented via alternative single and ensemble ML techniques. The Naïve Bayes (NB) classifier generated the highest average classification accuracy as 80.61% when One-vs-All (OvA) decomposition technique was utilized. The conceptual model can guide construction professionals during dispute management decision-making and the promising results indicate that the classification model has the potential to identify compensations. This study can be used to mitigate disputes by preventing parties from resorting to unpleasant and inconclusive resolution processes.

Construction Disputes and Associated Contractual Knowledge Discovery Using Unstructured Text-Heavy Data: Legal Cases in the United Kingdom

Construction disputes are one of the main challenges to successful construction projects. Most construction parties experience claims—and even worse, disputes—which are costly and time-consuming to resolve. Lessons learned from past failure cases can help reduce potential future risk factors that likely lead to disputes. In particular, case law, which has been accumulated from the past, is valuable information, providing useful insights to prepare for future disputes. However, few efforts have been made to discover legal knowledge using a large scale of case laws in the construction field. The aim of this paper is to enhance understanding of the multifaceted legal issues surrounding construction adjudication using large amounts of accumulated construction legal cases. This goal is achieved by exploring dispute-related contract terms and conditions that affect judicial decisions based on their verdicts. This study builds on text mining methods to examine what type of contract conditions are frequently referenced in the final decision of each dispute. Various text mining techniques are leveraged for knowledge discovery (i.e., analyzing frequent terms, discovering pairwise correlations, and identifying potential topics) in text-heavy data. The findings show that (1) similar patterns of disputes have occurred repeatedly in construction-related legal cases and (2) the discovered dispute topics indicate that mutually agreed upon contract terms and conditions are import in dispute resolution.