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P-1907-05-S
Implementing Methods of Dispute Prevention: Assessing the
Risks of the Contract
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By Jhocques Jordan - Jan 2005 - Present
Committee: Prof. John Hannon (Chair), Dr. Tulio Sulbaran, Dr.
Francis Adams
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| Project
Objective |
| The objective of
this project is to develop a simple and efficient method of
analyzing the risks associated with the contract document. It
will focus primarily on the role of exculpatory provisions and
ambiguous language in contract disputes. |
| Abstract |
| The construction
industry has been preoccupied by reoccurring disputes. There has
been many identified causes on these disputes and many attempts
to address these disputes after they occur, but very few
attempts have been made to successfully decrease the occurrence
of disputes. This paper will attempt to develop a systematic
means by with contracting parties can quickly and
effectively analyze the risks associated with a contract. This
research will be done by gathering information about the nature
of different contract types and clauses, identifying their
strengths and weakness, and finally, determining which clauses
work best with a particular contract type. I expect this
research to increase the understanding and implications of
particular contract delivery methods and the various provisions
that may be found within them. The purpose of this thesis is not
to make decisions for contracting parties, but to provide
contracting parties with a ground for negotiation that will be
beneficial to both parties. |
| Project
Results |
| I expect this
research to increase the understanding and implications of
particular contract delivery methods and the various provisions
that may be found within them. The purpose of this thesis is not
to make decisions for contracting parties, but to provide
contracting parties with a ground for negotiation that will be
beneficial to both parties. |
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