Law and Dispute Resolution
Objectives and Scopes:
The Commission's primary function is to coordinate the identification of and response to the multitude of emerging legal challenges faced by the construction and property industries worldwide. In this context the Commission's objectives are:
• to establish a thriving international research community in the fields of law and dispute resolution
• to contribute to the wider building and construction research agendas through encouraging the active engagement of legal scholars with other specialist in the field
• to coordinate efforts to identify and address emerging legal challenges faced by the global construction and property industries through building a coalition of stake-holders from industry, the professions and academia
• to generate interest in the application of law in an international construction and property context amongst legal specialists in the legal professions and law faculties worldwide
• to increase the understanding of obstacles to effective transnational construction operations and building performances management by facilitating the development of comparative legal methodologies and research projects.
Current Work Programme:
The commission arranges annual commission meetings and annual law and dispute resolution symposia, both as stand-alone events and in association with other CIB events.
Activities will be organized as projects within the commission (commission study groups) or as joint projects with other CIB commissions and if more appropriate as separate CIB Task Groups that work in collaboration with the Commission.
As from June 2009 operating W113 Study Groups are:
• COPA: Comparative Study on Enforcement of Payment & Adjudication in Construction Contracts in Singapore, Hong Kong and Mainland China
• LARC: Legal Aspects of Relational Contracting
• (under preparation) LABIM: Legal Aspects of Building Information Modeling (BIM), possibly to be organized as a joint project of various CIB commissions.
Operational W113 related separate CIB Task Groups are:
• TG79 - Building Regulations and Control in the face of Climate Change
• TG80 - Legal and Regulatory Aspects of BIM
• TG89 - Construction Medaition Practices
• Publication of a Research Roadmap on Law and Dispute Resolution
The Commission's areas of operation will be organized in a matrix structure with regional and thematic dimensions.
Regions distinguished are: Africa, the Americas, Asia, Australasia en Europe. For each region a regional representative will be appointed.
Themes reflect the (legal issues related to) the three main life cycle phases:
• the Development and Construction phase includes the issue of Construction Conflict: Avoidance and Resolution, but but will also extend to all other legal issues arising during the acquisition, development and construction of buildings
• the Post Construction Liability and Occupancy phase includes this, but also issues related to Facility Management and Buildings in Use
• the Whole Life Cycle phase includes the broader issues, such as (the legal aspects of) economic factors, developments in ICT, knowledge management and environmental considerations affecting the construction and use of buildings.
Together with the Commission Coordinators the Regional and Thematic Representatives will comprise a Commission Management Committee.
The Commission has collaborative links with:
• BEL-NET - the Built Environment Law Network
• ENHR - the European Network fir Housing Research (in particular the ENHR Legal aspects Working Group)
• SLSA - the Socio-Legal Studies Association.
The Commission has its own CIB Encouraged Journal "International Journal of Law in the Built Environnment".
Members of this CIB Working Commission will be Individual CIB Members or appointed representatives of CIB Organisational Members.
This Commission was established in 2006 and replaces the two former CIB Working Commissions W087 "Post Construction Liability and Insurance" and W103 "Construction Conflict: Avoidance and Resolution".
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