LEGAL AFFAIRS SECTION
Mar 14, 2003

Alternative Dispute Resolution in U.S. Public Works: Proposed Model

Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 129, Issue 2

Abstract

Alternative dispute resolution (ADR) is rapidly becoming a mainstream option to traditional litigation in the United States. Its effectiveness in resolving private-sector construction disputes has been proven, and its benefits, for the most part, uncontroverted. Sufficient attention, however, has not been given to adapting ADR for use on public projects. Public construction operates in a unique context, where the institutional realities facing a public owner can undermine the effectiveness of even the most promising ADR method. This paper discusses the characteristics of ADR, its acknowledged benefits, and the extent of our present ability to realize those benefits in public construction. Measures for tailoring ADR for its effective use in the public sector are offered.

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References

Battelle, A. E.(1995). “The growing impact of ADR on the construction industry: ‘Real time’ dispute processing on the Boston Central Artery/Tunnel project.” Constr. Lawyer, 15(4), 13.
Groton, J. P., Rubin, R. A., and Quintas, B.(2001). “A comparison of dispute review boards and adjudication.” Int. Constr. Law. Rev.,18 (April), 275, Part 2.
MacPherson, R. J. (1996). “In your face ADR: New York City’s construction contract dispute procedure.” Public Contract Law J., 25, 335.
Matyas, R. M., Mathews, A. A., Smith, R. J., and Sperry, P. E. (1996). Construction dispute review board manuel, McGraw-Hill, New York.
Mester, J. D. (1997). “The Administrative Dispute Resolution Act of 1996: Will the new era of ADR in federal administrative agencies occur at the expense of public accountability?” Ohio State J. Dispute Resol., 13, 167.
Page, M., Reba, J., and Jockisch, S. (1995). “The Corps of Engineers Board of Contract Appeals use of alternative dispute resolution.” Public Contract Law J., 24, 453.

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Go to Journal of Professional Issues in Engineering Education and Practice
Journal of Professional Issues in Engineering Education and Practice
Volume 129Issue 2April 2003
Pages: 80 - 83

History

Received: Aug 23, 2002
Accepted: Nov 20, 2002
Published online: Mar 14, 2003
Published in print: Apr 2003

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Robert A. Rubin, F.ASCE
Partner, Postner & Rubin, 17 Battery Place, Ste. 210, New York, NY 10004.
Bettina V. Quintas
Deputy General Counsel, New York City Transit Authority, Brooklyn, NY 11201.

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