問題一覧
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What is a Dispute?
A dispute is a disagreement, argument, or controversy-often one that gives rise to a legal proceeding(such as arbitration,mediation, or a lawsuit). The opposing parties are said to be averse to one another(see also adverse party).
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Is a disagreement, argument, or controversy-often one that gives rise to a legal proceeding(such as arbritation, mediation, or a lawsuit). The opposing parties are said to be averse to one another(see also adverse party).
Dispute
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The terms of references
CIAP Document 101
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The General Conditions
CIAP Document 102
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Main sources of dispute in construction(1)
1. Variations without written agreement or consent of both or concerned parties. a.) Alteration to the Design(plan) b.) Alterations to the Quantities c.) Alteration to the Quality of Materials d.) Alterations in Working Conditions e.) Alterations to the sequence of work
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Main sources of dispute in Construction(2)
2. Delays(whether excusable or inexcusable)
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Liabilities in the context of disputes and arbitrations
Fraud Negligence Delay
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Failure to satisfy or meet the ends of the contract by either of the parties is a ground for _____.
Liabilities
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dolo
Fraud
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Culpa
Negligence
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Mora
Delay
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In order to repair the damage incurred on either party, there must be a __________
Liability for damages
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Actual losses or unrealized profit (Liability for Damages)
Actual
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mental and physical anguish(reputation and sleepless nights, stress, anxiety, etc) (Liability for Damages)
Moral
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How are construction conflicts settled?
Exemplary Nominal Temperate Liquidated
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Exemplary (settlement of construction conflicts)
Corrective
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Nominal (settlement of construction conflicts)
Can be assessed
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By agreement of both parties as predetermined by the contract/service agreement stipulations
Liquidated
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What is Liquidated (method of repair)
By agreement of both parties as predetermined by the contract/service agreement stipulations
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EO 1008
to establish an arbitration machinery in the construction industry to resolve disputes arising from construction contracts.
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to establish an arbitration machinery in the construction industry to resolve disputes arising from construction contracts.
EO 1008
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PD 1746
Construction Industry Authority of the Philippines(CIAP)
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CIAP
Construction Industry Authority of the Philippines
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Contruction Industry Authority of the Philippines (CIAP) (LAW)
PD 1746
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What is CIAP for?
a juridical executive department similar function as to the DTI, that is specially tasked for the construction industry.
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Philippines Licensing Board for Contractors(PCAB)(Law)
RA 4566
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PCAB
Philippine Contractors Accreditation Board
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Alternative Dispute Resolution act of _____
2004
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Alternative Dispute Resolution(Law)
RA 9285
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As seen in a sample contract DISPUTE AND ARBITRATIONS
All questions in dispute under this Agreement shall be submitted in accordance with the provisions of R.A. No. 9285, otherwise known as the Alternative Dispute Resolution(ADR) Act of 2004 and as provided for under E.O. No.1000, governing Construction(and consulting) Industry Arbitration, as well as Art. 2042 of the New Civil Code
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Negotiation with assistance of a third party
Mediation
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Submission of disputes by consensual agreement to a third party for a binding decision
Arbitration
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Mediation
Negotiation with assistance of a third party(the mediator)
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Arbitration
Submission of disputes by consensual agreement to a third party(the arbitrator) for a binding decision
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Process of making a civil claim in a court of Law
Litigation
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Litigation
Process of making a civil claim in a court of Law
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How many Days...File Case (CIAC)
0
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CIAC
Construction Industry Arbitration Commission
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How many days for Mediation
14 Days
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How many days for Arbitration
14 Days
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How many months for litigation
6 Months
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Involvement of Mediator
A third party, the mediator facilitates the process but parties are in control of content and outcome.
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Involvement of Arbitrator
A third party, the arbitrator, controls content and outcome of proceedings but parties control choice of arbitrator, language, time, venue applicable law and procedural rules.
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Involvement of Attorney(The Judge) Litigation
A third party, the judge controls outcome of proceedings, parties have no control over choice of Judge, language, time, venue of processing and procedural rules.
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What is Construction Management? by Max b. Fajardo
Administration ( defined as the process or activity of running a business, organization, etc.) of the construction procedure is most often times difficult
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Administration ( defined as the process or activity of running a business, organization, etc.) of the construction procedure is most often times difficult
Construction Management by Max B. Fajardo
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5 pillars of construction ( 5M's)
Manpower Methods Machinery Material Management
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Is an individual or organization specializing in construction management or practicing it on a particular project as part of a project management team that also includes an owner and a design organization.
Construction Manager
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What is a project
A project is a temporary endevour undertaken to create a unique product, service or result.
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Definite Beginning and End
Temporary Endeavor
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Projects drive change. From a business perspective, a project is aimed at moving an organization from one state to another to achieve a specific objective.
Undertaking
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Projects enable business creation Tangible element and Intangible Elements
Creation
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Tangible elements
Monetary Assets Stocks or Market Sales Fixtures
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Intangible Elements
Goodwill Brand Recognition Public Promotion Reputation
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Construction Project Phasing (a.)
Art, Science, Business of a Building
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Contruction Project Phasing (b)
the process of building
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Contruction Project Phasing (c)
Manner in which materials are assembled(Assembly)
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Construction Project Phasing (4)
1. Predesign 2. Bid/Tender 3. Construction 4. Post-Construction
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Predesign
Prefeasibility Feasibility Schematic Conseptual Design Development Contract Document
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Bid/Tender
Pre-bid Bid Awarding (Notice to Proceed)
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Construction
Preliminaries Temporary Facilities/Utilities Establish References Excavation(Siteworks) Construction Sequence Project Management Meeting Turnover
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Post-Construction
Repair Maintenance Renovation
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Key Professionals(Management Team)
Client/Developer/Owner Design Operations Manager Contractor
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Construction Milestones
1. Establishment of References 2. Ground Breaking (Checking Dimensions of Footing) (Laying Cornerstone) 3. Construction Pouring 4. Topping (Off/Out) 5. Water Tightness 6. Energization 7. Close Out (Testing and Commissioning)
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is defined as the formal arrangement that is established to coordinate all activities in order to implement a given strategy.
Construction Organization
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different kinds of organization
Organic Functional Divisional Matrix Project Virtual Line Line and Staff
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Organization nga divided iti members na focusing on their different specialty
Functional Organization
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Organization nga naka divide da iti based on specialty yem agpapada da ti specialty naidivide lang
Division Organization
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Kaslang functional organization nga based on specialty yem agpapada da ubraen each division for project
Project organization
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The driving force behind every organization
Management team
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Identify the provision of the civil code that stipulates the liability of the engineer or architect who drew up the plans and specifications for a building is liable for damages if within 15 years from the completion of structure, it collapses by reason of defect in plans and specification
article 1723
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Refers to a collection of projects, group of related projects, and other groups of activites that are organized together to meet strategic business objectives ( PMI, 2014)
Portfolio
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Defined as a group of related projects managed in a coordinated manner to obtain benefits and control not available from managing them individually (PMI, 2014)
Program
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A group of individuals who are cooperating willingly and effectively to achieve a common goal
Organization
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A group of professionals working together to balance, cost, quality and schedule
Management Team
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Administrative service with the objective of achieving high project quality at a minimum cost
Construction Management
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Administration service which are over and beyond the normal service of all project phases
Project Management
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The construction Phase according to the 2012 MasterFormat Version
General Requirements Site Works/Civil Works Concrete Masonry Metals Woods and Plastics Thermal and Moisture Protection Doors and Windows Finishes Specialties Equipment Furnishes Special Construction Conveying Systems Mechanical Electrical
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GENSITCOMAMEWOTHEDOFINSEFSCOMSELEC
nigga
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Is the process of devising of workable scheme of operations that, when, put into action, will accomplish an established objective.
Planning
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It is defined as the process of translating the arrow diagram into time table of calendar days
Scheduling
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Amount of free time for an activity when all other preceding activities starts on early start
Free Float
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The act of missing deadlines when managing a task or series of tasks in other words delay
Slippage
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Means to fast tract or expedite; cure for Slippage
Crash