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Paper w78-2003-65:
The use of web-based tools to support a contractual claim in arbitration or litigation

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Chan P

The use of web-based tools to support a contractual claim in arbitration or litigation

Abstract: Most standard forms of building contracts provide for the use of arbitration as a means of dispute resolution, failing which, the parties have to settle their disputes in court. Each dispute is resolved by examining whether the party who makes a contractual claim is able to discharge his burden of proof in both the liability issue and the quantum issue. The scope of proof is usually prescribed by the building contract. Evidence of information, facts and opinions may be adduced in support of a claim. Most project information may be stored in a web-based information management system. In existence are also some IT applications which may assist in providing facts and opinions that may support a claim. 4D Modelling may be used to simulate critical paths for the evaluation of an extension of time claim. GPS may provide the tracking of the use of resources to help attribute the cost of their use to the basis of a claim. The latest technology of LADAR may assist by recording through time, the as-built status of the project at any one time thereby determining the real-time progress of work. The use of computer-generated evidence is provided for by legislation and case law. This paves the way to use web-based tools to support a contractual claim in arbitration or litigation by linking the whole system to a claims service that monitors the situations where a claim may be made and trigger off a warning so that the procedure of claim may be pursued by a party if he chooses to do so. The claims service should then extract the necessary data from the other services in the project web to build up a claim.

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Permission to reproduce these papers has been graciously provided by the University of Auckland. The assistance of the editor who provided the full texts and the structured metadata, Dr. Robert Amor, is gratefully appreciated.

 

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