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Echeverry, D, Ibbs, C W and Burati, J (1988) Graduated Unit Price Payment Schedules. Journal of Construction Engineering and Management, 114(01), 1–18.

Griffis, F H & and Butler, F M (1988) Case for Cost‐Plus Contracting. Journal of Construction Engineering and Management, 114(01), 83–94.

Grimm, C T (1988) Brick Masonry Workmanship Statistics. Journal of Construction Engineering and Management, 114(01), 147–9.

Kashiwagi, K, Rubin, R A and Harris, M R (1988) Construction Law and Practice in Japan. Journal of Construction Engineering and Management, 114(01), 104–13.

  • Type: Journal Article
  • Keywords: Japan; Laws; Construction management; Contract management;
  • ISBN/ISSN: 0733-9364
  • URL: https://doi.org/10.1061/(ASCE)0733-9364(1988)114:1(104)
  • Abstract:
    Construction law and practice in the United States and Japan is remarkably similar. One principal difference, rooted in Japanese societal mores, is that self‐settlement of disputes is overwhelmingly preferred to third‐party resolution through litigation. Japan has a three‐tiered court system that includes trial courts, appellate courts, and a supreme court. There are no juries in Japan. The sources of Japanese law are principally the Japanese Constitution and statutes. To a lesser extent custom, reason, and precedent are also used. Trust and establishment of a long‐term business relationship underlie most contract relationships. By law, construction contracts are required to be fair and just, based on a theory of basic equity. Disclaimers and exculpatory clauses are disfavored. Differing site condition clauses are common, but are interpreted as requiring a sharing of risk between owner and contractor rather than, as in the United States, requiring a shifting of all the risk from contractor to owner. Japanese practice regarding termination, damages, liquidated damages, and formal dispute resolution are similar to U.S. practice.

Kirby, J G, Furry, D A and Hicks, D K (1988) Improvements in Design Review Management. Journal of Construction Engineering and Management, 114(01), 69–82.

Loper, J H, Marquis, E L and Rhomberg, E J (1988) Precast Prestressed Long‐Span Bridges. Journal of Construction Engineering and Management, 114(01), 95–103.

Martin, G L (1988) Training Programs for Engineering Consulting Firms. Journal of Construction Engineering and Management, 114(01), 121–32.

Rajagopalan, K S (1988) Supports for Traveling Cranes: Case History. Journal of Construction Engineering and Management, 114(01), 114–20.

Russell, A D and Caselton, W F (1988) Extensions to Linear Scheduling Optimization. Journal of Construction Engineering and Management, 114(01), 36–52.

Sherman, P J (1988) Japanese Construction R&D: Entrée into U.S. Market. Journal of Construction Engineering and Management, 114(01), 133–43.

Skibniewski, M and Hendrickson, C (1988) Analysis of Robotic Surface Finishing Work on Construction Site. Journal of Construction Engineering and Management, 114(01), 53–68.

Tatum, C B and Funke, A T (1988) Partially Automated Grading: Construction Process Innovation. Journal of Construction Engineering and Management, 114(01), 19–35.