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P-1907-05-S
Implementing Methods of Dispute Prevention: Assessing the Risks of the Contract

 
By Jhocques Jordan - Jan 2005 - Present
Committee: Prof. John Hannon (Chair), Dr. Tulio Sulbaran, Dr. Francis Adams
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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Last Modification: Thursday July 28, 2005 04:18 PM
Originally Developed by: Dr. Tulio Sulbaran - Email: Tulio.Sulbaran@usm.edu  - Nov 2004
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