{"title":"Book Review: Alternative Dispute Resolution in the Construction Industry, An Evaluation of UK Research and Practice – by Andrew Agapiou","authors":"Ian Sinclair Massey","doi":"10.1680/jmapl.23.00100","DOIUrl":"https://doi.org/10.1680/jmapl.23.00100","url":null,"abstract":"","PeriodicalId":44163,"journal":{"name":"Proceedings of the Institution of Civil Engineers-Management Procurement and Law","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135095332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-01DOI: 10.1680/jmapl.2023.176.4.199
Stuart Ross, Ashley Pigott, Samantha Holland, Jatinder Sahota, Emma Knight, Daniel Kozelko, Mischa Balen, Dalton Hale, Ben Smith, Olivia Liang, Oliver Weisemann, Sean Wilken KC
{"title":"Construction Law Quarterly","authors":"Stuart Ross, Ashley Pigott, Samantha Holland, Jatinder Sahota, Emma Knight, Daniel Kozelko, Mischa Balen, Dalton Hale, Ben Smith, Olivia Liang, Oliver Weisemann, Sean Wilken KC","doi":"10.1680/jmapl.2023.176.4.199","DOIUrl":"https://doi.org/10.1680/jmapl.2023.176.4.199","url":null,"abstract":"","PeriodicalId":44163,"journal":{"name":"Proceedings of the Institution of Civil Engineers-Management Procurement and Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135705765","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The study examines the United Kingdom’s statutory adjudication process to identify possible benefits of the introduction of a similar system in Pakistan with the assumption of having full support of all three wings of the Pakistani government for the resulting legislative reforms. The study of potential hurdles in detail was outside the scope of this study. A literature review, summarised within the paper, was undertaken to identify factors contributing to conflicts in Pakistan’s construction sector, and the reasons behind inefficiency of the present dispute resolution methods. Data was collected using nine semi-structured interviews of industry professionals from (both) Pakistan and the United Kingdom. Each interview was analysed through cognitive Mapping, central and domain analysis using Banxia Decision Explorer software. Later, a questionnaire asked professionals working with contractors/subcontractors in Pakistan regarding the potential success of introduction of statutory adjudication in Pakistan. The preamble of the questionnaire defined the basics of statutory adjudication for the participants. The 70 valid responses received were then analysed through Statistical Package of Social Sciences (SPSS) software. This research has shown that payment issues are the biggest source of disputes in Pakistan’s construction sector. The financially weaker party is often subjugated to be deprived of its rights mostly due to the absence of an accessible justice system. The introduction of statutory adjudication could be beneficial for Pakistan’s construction sector as it will provide an accessible, cost efficient, and swift method of dispute resolution.
{"title":"The potential for construction statutory adjudication in Pakistan: drawing conclusions from the United Kingdom’s system","authors":"Nouman Qadir, Tara Brooks, Edward Quigg","doi":"10.1680/jmapl.23.00008","DOIUrl":"https://doi.org/10.1680/jmapl.23.00008","url":null,"abstract":"The study examines the United Kingdom’s statutory adjudication process to identify possible benefits of the introduction of a similar system in Pakistan with the assumption of having full support of all three wings of the Pakistani government for the resulting legislative reforms. The study of potential hurdles in detail was outside the scope of this study. A literature review, summarised within the paper, was undertaken to identify factors contributing to conflicts in Pakistan’s construction sector, and the reasons behind inefficiency of the present dispute resolution methods. Data was collected using nine semi-structured interviews of industry professionals from (both) Pakistan and the United Kingdom. Each interview was analysed through cognitive Mapping, central and domain analysis using Banxia Decision Explorer software. Later, a questionnaire asked professionals working with contractors/subcontractors in Pakistan regarding the potential success of introduction of statutory adjudication in Pakistan. The preamble of the questionnaire defined the basics of statutory adjudication for the participants. The 70 valid responses received were then analysed through Statistical Package of Social Sciences (SPSS) software. This research has shown that payment issues are the biggest source of disputes in Pakistan’s construction sector. The financially weaker party is often subjugated to be deprived of its rights mostly due to the absence of an accessible justice system. The introduction of statutory adjudication could be beneficial for Pakistan’s construction sector as it will provide an accessible, cost efficient, and swift method of dispute resolution.","PeriodicalId":44163,"journal":{"name":"Proceedings of the Institution of Civil Engineers-Management Procurement and Law","volume":"35 1","pages":""},"PeriodicalIF":1.8,"publicationDate":"2023-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74669878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Decision-making is critical to the success of safety management in construction projects. Due to the simultaneous evaluation of numerous criteria and objectives, multiple criteria decision making (MCDM) is essential for decision problem-solving. Several MCDM methods are continuously being developed and are progressively used to solve real-world construction safety challenges. This study aimed to understand the progress of the MCDM methods and their application in construction safety. A total of 52 articles were found after conducting a systematic literature review (SLR) using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) review method. The research trend is then described using bibliometric analysis in terms of the number of publications per year, sources of documents, influential authors and countries, highly cited articles, and research areas. The findings indicated that AHP (analytic hierarchy process), and its fuzzy version, FAHP, were applied mainly in construction safety research. The key areas where MCDM methods were focused on are safety risk assessment, safety culture, and safety programs. The study findings are expected to assist construction practitioners by allowing them to use the best and optimal MCDM method for problem-solving related to safety.
{"title":"Application of multiple criteria decision making (MCDM) methods for construction safety research","authors":"V. Chellappa, G. Ginda","doi":"10.1680/jmapl.23.00006","DOIUrl":"https://doi.org/10.1680/jmapl.23.00006","url":null,"abstract":"Decision-making is critical to the success of safety management in construction projects. Due to the simultaneous evaluation of numerous criteria and objectives, multiple criteria decision making (MCDM) is essential for decision problem-solving. Several MCDM methods are continuously being developed and are progressively used to solve real-world construction safety challenges. This study aimed to understand the progress of the MCDM methods and their application in construction safety. A total of 52 articles were found after conducting a systematic literature review (SLR) using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) review method. The research trend is then described using bibliometric analysis in terms of the number of publications per year, sources of documents, influential authors and countries, highly cited articles, and research areas. The findings indicated that AHP (analytic hierarchy process), and its fuzzy version, FAHP, were applied mainly in construction safety research. The key areas where MCDM methods were focused on are safety risk assessment, safety culture, and safety programs. The study findings are expected to assist construction practitioners by allowing them to use the best and optimal MCDM method for problem-solving related to safety.","PeriodicalId":44163,"journal":{"name":"Proceedings of the Institution of Civil Engineers-Management Procurement and Law","volume":"1 1","pages":""},"PeriodicalIF":1.8,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89865607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-01DOI: 10.1680/jmapl.2023.176.3.131
Raessa Rawal, Daniel Garton, Andrew de Lotbinière McDougall, Kirsten Odynski, Ximena Vásquez-Maignan, Emily Elliott, Alice Sims, Nicholas Gould
{"title":"Construction Law Quarterly","authors":"Raessa Rawal, Daniel Garton, Andrew de Lotbinière McDougall, Kirsten Odynski, Ximena Vásquez-Maignan, Emily Elliott, Alice Sims, Nicholas Gould","doi":"10.1680/jmapl.2023.176.3.131","DOIUrl":"https://doi.org/10.1680/jmapl.2023.176.3.131","url":null,"abstract":"","PeriodicalId":44163,"journal":{"name":"Proceedings of the Institution of Civil Engineers-Management Procurement and Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135509364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
An effective regulatory framework is essential to attract international investment in infrastructure development and public services through public-private partnerships (PPPs). A transparent and predictable regulatory environment makes PPPs work in the long-term as this enables private sector participants to manage long-term risks in the most effective and efficient way. The Sultanate of Oman has taken bold steps to translate its aspirations stated in Oman Vision 2040 into sustainable projects. The interest of private sector investors in PPP projects requires clear guidance on potential sources of finance and a reliable political, administrative and regulatory framework. The legal framework for PPP in Oman consists of four key pieces of legislation. The Foreign Capital Investment Law (Royal Decree No. 50/2019) outlines the procedures for application of an investment project license and provides for investment incentives and guarantees to international investors. The Law of Privatization (Royal Decree No. 51/2019) provides a transparent framework for awarding of privatization contracts. The Public Private Partnership (PPP) law (Royal Decree No. 52/2019) outlines the procedures for tendering and award of PPP projects and the essential elements of PPP contracts. The Bankruptcy Law in Oman (Royal Decree No. 53/2019) updates the law on corporate distress and introduces concepts of corporate restructuring, preventative composition and bankruptcy filing procedures. These four Royal Decrees are evaluated in this paper. The Royal Decrees promulgated in succession by the Sultanate of Oman bring privatization and PPP policy in line with international best practice and constitute a central component of the nation’s strategy and supply side reforms to diversify the economy.
{"title":"Legislative framework for public private partnerships in the Sultanate of Oman","authors":"S. Wamuziri","doi":"10.1680/jmapl.22.00036","DOIUrl":"https://doi.org/10.1680/jmapl.22.00036","url":null,"abstract":"An effective regulatory framework is essential to attract international investment in infrastructure development and public services through public-private partnerships (PPPs). A transparent and predictable regulatory environment makes PPPs work in the long-term as this enables private sector participants to manage long-term risks in the most effective and efficient way. The Sultanate of Oman has taken bold steps to translate its aspirations stated in Oman Vision 2040 into sustainable projects. The interest of private sector investors in PPP projects requires clear guidance on potential sources of finance and a reliable political, administrative and regulatory framework. The legal framework for PPP in Oman consists of four key pieces of legislation. The Foreign Capital Investment Law (Royal Decree No. 50/2019) outlines the procedures for application of an investment project license and provides for investment incentives and guarantees to international investors. The Law of Privatization (Royal Decree No. 51/2019) provides a transparent framework for awarding of privatization contracts. The Public Private Partnership (PPP) law (Royal Decree No. 52/2019) outlines the procedures for tendering and award of PPP projects and the essential elements of PPP contracts. The Bankruptcy Law in Oman (Royal Decree No. 53/2019) updates the law on corporate distress and introduces concepts of corporate restructuring, preventative composition and bankruptcy filing procedures. These four Royal Decrees are evaluated in this paper. The Royal Decrees promulgated in succession by the Sultanate of Oman bring privatization and PPP policy in line with international best practice and constitute a central component of the nation’s strategy and supply side reforms to diversify the economy.","PeriodicalId":44163,"journal":{"name":"Proceedings of the Institution of Civil Engineers-Management Procurement and Law","volume":"35 1","pages":""},"PeriodicalIF":1.8,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84355173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1680/jmapl.2023.176.2.85
Stuart Ross, Jeremy Glover, Sue Ryan, Gemma Whittaker, Emma Knight, Sean Garbutt, Veronique Buehrlen, Hannah Fry
{"title":"Construction Law Quarterly","authors":"Stuart Ross, Jeremy Glover, Sue Ryan, Gemma Whittaker, Emma Knight, Sean Garbutt, Veronique Buehrlen, Hannah Fry","doi":"10.1680/jmapl.2023.176.2.85","DOIUrl":"https://doi.org/10.1680/jmapl.2023.176.2.85","url":null,"abstract":"","PeriodicalId":44163,"journal":{"name":"Proceedings of the Institution of Civil Engineers-Management Procurement and Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134987348","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Risk assessment (RA) is a critical process that can help avoid costly incidents. However, RA is usually undertaken incorrectly due to a lack of construction experience. This study aimed to understand the challenges that users face during RA and users’ viewpoints to improve RA quality in the Indian construction sector. A mixed-methods approach was adopted to elicit the perspectives of safety heads (users) participating in Indian construction projects. The result shows that the users faced six challenges during RA including identifying significant hazards and steps involved in each activity, and selecting control measures. The users’ requirements were gathered to facilitate future RA processes. As a guide, the results of this study can be used by construction organizations to make an informed RA method.
{"title":"Exploring barriers to effective safety risk assessment on Indian construction projects","authors":"V. Chellappa, U. Salve","doi":"10.1680/jmapl.22.00053","DOIUrl":"https://doi.org/10.1680/jmapl.22.00053","url":null,"abstract":"Risk assessment (RA) is a critical process that can help avoid costly incidents. However, RA is usually undertaken incorrectly due to a lack of construction experience. This study aimed to understand the challenges that users face during RA and users’ viewpoints to improve RA quality in the Indian construction sector. A mixed-methods approach was adopted to elicit the perspectives of safety heads (users) participating in Indian construction projects. The result shows that the users faced six challenges during RA including identifying significant hazards and steps involved in each activity, and selecting control measures. The users’ requirements were gathered to facilitate future RA processes. As a guide, the results of this study can be used by construction organizations to make an informed RA method.","PeriodicalId":44163,"journal":{"name":"Proceedings of the Institution of Civil Engineers-Management Procurement and Law","volume":"39 1","pages":""},"PeriodicalIF":1.8,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76003649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study aimed to assess the health and safety (H&S) training and communication in construction. Data for this study were collected using open-ended questions in an online survey, and the responses were analysed thematically. The target respondents were construction professionals located in Nigeria and South Africa. Findings are presented comparatively, and the implications of the results are discussed contextually. It was notable that formal presentations, such as seminars, workshops, and lectures, dominated the training for general construction workers. However, findings from the Nigerian participants revealed that a method of training underpinned by verbal instructions was prevalent. Based on the study, a link was established between safety communication and the H&S training of workers. High-quality safety communication is required to drive H&S training, which results in improved H&S education levels among workers. The study recommends that management explores effective methods for advancing H&S learning and education among construction workers, given that high levels of H&S education improve safety participation and compliance. Further, management may exploit the benefits of digital technology for enhanced H&S education and communication and overall safety performance for the organisation.
{"title":"Rethinking health and safety training to serve people in construction better","authors":"T. Jatau, Fidelis Emuze, J. Smallwood","doi":"10.1680/jmapl.22.00019","DOIUrl":"https://doi.org/10.1680/jmapl.22.00019","url":null,"abstract":"This study aimed to assess the health and safety (H&S) training and communication in construction. Data for this study were collected using open-ended questions in an online survey, and the responses were analysed thematically. The target respondents were construction professionals located in Nigeria and South Africa. Findings are presented comparatively, and the implications of the results are discussed contextually. It was notable that formal presentations, such as seminars, workshops, and lectures, dominated the training for general construction workers. However, findings from the Nigerian participants revealed that a method of training underpinned by verbal instructions was prevalent. Based on the study, a link was established between safety communication and the H&S training of workers. High-quality safety communication is required to drive H&S training, which results in improved H&S education levels among workers. The study recommends that management explores effective methods for advancing H&S learning and education among construction workers, given that high levels of H&S education improve safety participation and compliance. Further, management may exploit the benefits of digital technology for enhanced H&S education and communication and overall safety performance for the organisation.","PeriodicalId":44163,"journal":{"name":"Proceedings of the Institution of Civil Engineers-Management Procurement and Law","volume":"96 1","pages":""},"PeriodicalIF":1.8,"publicationDate":"2023-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79172724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Errors, violations, and system failure in the form of human failure contribute to most of the accidents experienced in the construction industry. This study thus aims to develop a framework using factors of the Training-within-Industry (TWI) Job Programme to reduce human failure by improving the safety management system (SMS) on construction sites. A mixed-methods research design was used to collect qualitative and quantitative data. The qualitative data were analysed using thematic analysis, whereas the quantitative data were analysed using descriptive statistics. The study’s findings revealed that the human failure reduction framework includes an implementation guideline with four steps: 1) Identify the causes of the problem; 2) Provide insight into how the factors of the TWI Job Programme will be integrated with the elements of the SMS; 3) Provide insight into how the elements of SMS will be integrated with the factors of the TWI Job Programme; 4) Provide guidelines for safety management teams on how the integrated TWI Job Programme in the elements of SMS will help to solve human failure in the industry. The human failure reduction framework could mitigate accidents and help safety management teams maintain safe and healthy work environments in the construction industry.
{"title":"A proposed training-within-industry informed human failure reduction framework for South African construction","authors":"L. Mollo, Fidelis Emuze, J. Smallwood","doi":"10.1680/jmapl.22.00039","DOIUrl":"https://doi.org/10.1680/jmapl.22.00039","url":null,"abstract":"Errors, violations, and system failure in the form of human failure contribute to most of the accidents experienced in the construction industry. This study thus aims to develop a framework using factors of the Training-within-Industry (TWI) Job Programme to reduce human failure by improving the safety management system (SMS) on construction sites. A mixed-methods research design was used to collect qualitative and quantitative data. The qualitative data were analysed using thematic analysis, whereas the quantitative data were analysed using descriptive statistics. The study’s findings revealed that the human failure reduction framework includes an implementation guideline with four steps: 1) Identify the causes of the problem; 2) Provide insight into how the factors of the TWI Job Programme will be integrated with the elements of the SMS; 3) Provide insight into how the elements of SMS will be integrated with the factors of the TWI Job Programme; 4) Provide guidelines for safety management teams on how the integrated TWI Job Programme in the elements of SMS will help to solve human failure in the industry. The human failure reduction framework could mitigate accidents and help safety management teams maintain safe and healthy work environments in the construction industry.","PeriodicalId":44163,"journal":{"name":"Proceedings of the Institution of Civil Engineers-Management Procurement and Law","volume":"53 1","pages":""},"PeriodicalIF":1.8,"publicationDate":"2023-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90350972","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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