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  • G Wilson W975431 Chapter 10

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    Gilnad Wilson
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    This document defines key terms related to construction contract disputes and their resolution, including claims, alternative dispute resolution methods like mediation and arbitration, types of evidence for settling claims, and litigation procedures like discovery, depositions, and bench versus jury trials. Key parties in a dispute are identified as the claimant/plaintiff and defendant. References for further information on construction law and jurisprudence are also provided.

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    This document defines key terms related to construction contract disputes and their resolution, including claims, alternative dispute resolution methods like mediation and arbitration, types of evidence for settling claims, and litigation procedures like discovery, depositions, and bench versus jury trials. Key parties in a dispute are identified as the claimant/plaintiff and defendant. References for further information on construction law and jurisprudence are also provided.

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    © All Rights Reserved
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    15 views4 pages

    G Wilson W975431 Chapter 10

    Uploaded by

    Gilnad Wilson
    This document defines key terms related to construction contract disputes and their resolution, including claims, alternative dispute resolution methods like mediation and arbitration, types of evidence for settling claims, and litigation procedures like discovery, depositions, and bench versus jury trials. Key parties in a dispute are identified as the claimant/plaintiff and defendant. References for further information on construction law and jurisprudence are also provided.

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    © All Rights Reserved
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    of 4

    Gilnad Wilson

    AEC 478 Chapter 10


    W975431

    Claim
    This is a demand by one party seeking payment or terms of relief in a contract disagreement

    Alternative Dispute Resolution


    This is the most common method of solving construction disputes

    Claim Document
    This is documents that are necessary for settling the claim

    Documentary Evidence
    This consist of raw unprotest data the supports the case example logs, pictures and project
    records

    Demonstrative Evidence
    This is processed data that can be presented to support the case example charts, graphs and
    diagrams

    Initial Decision Maker


    This is a party that is given the responsibility of resolving a claim

    Project Neutral
    This is a dispute resolution board put in place to avoid or settle disputes on the project

    Mini-Trial
    This is a low-cost resolution to non-binding disputes
    Summary Jury Trial
    This is when federal court is involved in a case and the layers are providing statements to the
    jury

    Mediation
    This is an informal process by which parties resolve conflicts where a third party is sited to
    smooth the negotiations

    Arbitration
    This is a more formal setting where a professional sit in to resolve the dispute

    Consolidation or Joinder
    This is then an arbitration case is settled in one sitting this is preferred because a resolution is in
    place right away

    Litigation
    This is the traditional way of resolving a problem in a contract by a lawsuit

    Discovery
    This is the most time-consuming portion of a lawsuit because this is when all the evidence is
    presented to the court

    Claimant/Plaintiff
    This is the party who is presenting the claim

    Defendant
    This is the party defending the claim
    Deposition
    This is a live testimony that is given by a witness in the court session

    Motion for entry upon land


    This is a request made to inspect a property that can provide evidence on a case

    Request for production of documents and things


    This is a request for persons to present documents from a project for the lawsuit

    Bench Trial
    This is when the lawyers decide that they don’t want a jury involved in the trial. The judge then
    makes a ruling base on law

    A Board of Contract Appeals


    This is an administrative board of attorneys responsible for reviewing appeal cases

    Jurisprudence
    This is a term used to explain the theory of law

    References
    https://www.lawinsider.com

    https://ohioconstructionlaw.keglerbrown.com

    https://www.ejcdc.org/
    https://en.wikipedia.org

    https://legal-dictionary.thefreedictionary.com

    https://corporate.findlaw.com

    https://www.cohenseglias.com

    https://www.interface-consulting.com

    Construction Law: Contracts, Risks and Regulations 2nd Edition

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