Construction Law Research Papers - Academia.edu (original) (raw)

This is a summary regarding Indonesian Construction Law

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- Construction Law, Construction Project Management, Hukum, Aspek Hukum Konstruksi

Reviews the nature of Programmes and delay analysis within the context of Construction Law; considers and compares the contractual provisions in the various standard forms of contract as used for complex construction projects in England and Wales; compares these with other jurisdictions and industries. Concludes with an account of what is missing and what might be provided.

- by alan midgley
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- Contracts, Contract Law, Construction Law, Construction Project Management

The writing consists of main issues of adoption on BIM and covers the solutions provided by standard forms and protocols and discuss future solutions.

Site safety is one critical factor affecting the sustainability of skyscrapers and decoration, repair, and maintenance projects. Many newly-built skyscrapers exceed 50 storeys in Hong Kong and decoration, repair, and maintenance projects are widely performed to extend the lifespans of buildings. Although many cities do not contain skyscrapers at present, this will change in the future. Likewise, more decoration, repair, and maintenance projects will emerge. Thus, the present research, which compares the safety risks among the new and DSR projects, provides insights for builders, policymakers, and safety personnel. Moreover, research studies which rank and compare decoration, repair, and maintenance projects and new skyscraper constructions are scarce. The use of the evidence-based practice approach, which aims to narrow the gap between practice and academia in construction safety research, is the first of its kind. In this paper, we firstly provide a systematic literature review fro...

- by Rita Li
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- Economics, Construction Management, Construction Law, Construction Project Management
- by Waleed El Nemr
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- Construction Law, Fidic Book, Principle of Good Faith

The construction industry has always been viewed as being the last to adopt modern technology and methods compared with other industries. The need for major change in the industry is abundantly clear as many projects in recent years have been going over budget and clients have not been satisfied with the work. This has been down to new developments in construction technology and materials. Quantity surveyors have tried to use traditional methods to price and measure these new techniques but it has been proven that the current SMM were not adequate to do so. The creation of the New Rules of Measurement aims to change all of this and provide the client with great cost accuracy on modern projects from start to finish. This dissertation aims to analyse the impact the New Rules of Measurement have had in QS firms and whether they are being used effectively by firms that have currently adopted them.

- by Albert Ruda Gonzalez
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- Contracts, Construction Law, Law of Contract, Spanish Law
- by Ajar Buditama
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- Environmental Law, Construction Law, Green Building, Australian Law

Denna bok tar ett samlat grepp om rättsliga och idrottsliga åtgärder mot doping. Boken utreder bland annat vad som utgör doping, vilka motiv som ligger bakom olika åtgärder och när olika regler är tillämpliga. Den behandlar också det faktum att vissa dopingbekämpande åtgärder inom idrotten är rättsligt förbjudna. Författarens ambition är inte att undergräva idrottens antidopingarbete, utan att peka ut brister och problem för att i förlängningen stärka kampen mot doping, genom utformningen av ett regelverk som är förenligt med rättsliga krav.

- by Johan Lindholm
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- Criminal Law, Constitutional Law, Public Administration, Contract Law

Few things shock the conscience as deeply as the images of a helpless victim who is forced to succumb to the desires of a relentless sexual aggressor. The immediate response of many individuals would be to lash out and punish the aforementioned assailant for such a vile and despicable act, and garner retribution for the victim. After all, what kind of horrible, immoral, and soulless degenerate could possibly bring himself to forsake all forms of compassion and empathy, allowing him to commit such an atrocity upon a fellow human being?

- by Joe Amditis
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- Criminal Law, Constitutional Law, Public Administration, Contract Law
- by Walter Vásquez Rebaza
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- Contract Law, Construction Law
- by Marvin Rowe
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- American Literature, Business, Marketing, Business Administration
- by Szandra Zelenc
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- Construction Law, Administative Law
- by Georgios Dimitropoulos
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- Law, Criminal Law, Constitutional Law, International Relations

Results of the Repeal of the Glass-Steagall Act

- by Marvin Rowe
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- Business, Marketing, Business Administration, Business Ethics

The present paper analyzes the concept of ‘arbitrability’ in the context of construction disputes arising out of contracts with public authorities from a Bulgarian law perspective. What disputes are arbitrable under Bulgarian law? Are construction disputes with public authorities arbitrable and, if yes, are there any special rules that would apply so that the dispute becomes eligible for resolution by arbitration? What is the recent court practice on these issues? The answer to these and other questions related to the arbitrability of construction disputes
with public authorities can be found in this analysis. (Note: the paper is in English)

- by Yasha Rodriguez
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- Urban Planning, Construction Law, Strategic Planning, Restrictive Covenants
- by Marieke Krijnen
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- Real Estate, Geography, Human Geography, Cultural Geography
- by Nikolaos Zahariadis
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- Critical Theory, Business, Entrepreneurship, Organizational Behavior
- by Jean-Bernard Auby
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- Criminal Law, Constitutional Law, Public Administration, Contract Law

Das neue ukrainische Gesetz „Über städtische Bebauungsaktivitäten“, welches im Februar 2011 unterzeichnet, jedoch erst am 12. März 2011 in Kraft getreten ist, versucht das alte bürokratische und zentralistische Gesetz durch ein moderneres und unbürokratischeres zu ersetzen. Der nachfolgende Artikel widmet sich dem neuen Gesetz und stellt die Änderungen von ebendiesem dar.

Le fonctionnement et les difficultés du consortium durant la construction sont aujourd’hui relativement bien connus. En revanche, la garantie pour les défauts pose divers problèmes intéressants en matinre de consortium de construction. Ce papier examine en détail la situation lorsque les membres d’un consortium veulent exercer les droits à la garantie qu’ils ont contre un entrepreneur, de même que la position du maître qui a des droits contre le consortium.

"Waste, as understood in Lean thinking, does not feature in modern construction economics or management theory. These approaches fail to recognise the imperfect systems in which entities not only operate inefficiently, but additionally protect themselves by adding contingency and behaving opportunistically. The effect of these practices is to embed inefficient and wasteful processes across the supply chain and throughout the project life cycle. Consequently they have become part of the institution of the construction industry – ‘the way it does business’.
The aim of this paper is to contribute to the understanding of waste in construction and shed light on a number of regulations, norms and routines, which are taken for granted and impede efficiency and improvement efforts in construction. It starts by critically discussing a number of imperfect systems and structures that support wasteful activities in construction. Next, the background of the institutional theory is introduced, which interestingly is not well established in construction management literature. We then demonstrate how the neo-institutional theory, a branch of organizational sociology, has the potential to be used as an analytical lens to deliver a more explicit theory of waste relating cause and effect within the wider aspects of construction systems and relationships. Finally, an outline of the concept of ‘institutional waste in construction’ is defined, and five tentative guiding hypotheses are specified for future empirical examination."

- by Dr. Saad Sarhan and +2
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- Organizational Behavior, Project Management, Construction Management, Lean Construction

All construction contracts of Public Sector have a clause stating “Time is of Essence” which is essentially meant to convey the importance of completing the project by the scheduled date of completion as given in the Contract agreement. In addition all Public sector contracts also have clauses of giving “Extension of Time(EOT)”to the contractor and clause of putting the contractor on “compensation(which are more in the nature of Delay Damages/Penalty rather than Liquidated Damages) for delays in the project caused due to contractor’s fault(s).
Does the fact that a contract have a fixed date of commencement , a stated date of completion and clauses stating that Time is the Essence of the Contract imply that the Employer is at liberty to terminate the contract if the delay is due to full/par fault(s) attributable to the contractor? How do Courts in India interpret these clauses in the absence of a Construction Law ?

- by Amit Kathpalia
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- Construction Law, Construction Disputes

Several contracts entitle contractors to claim reimbursement on the grounds of disruption/loss of productivity when they incur additional labour and costs in keeping with the employers' instructions, changes, actions, or inactions. However, despite this entitlement, contractors have found it difficult to prove disruption claims and secure reimbursement. It is because of this difficulty that disruption claims largely fail. The solution, therefore, lies in a proper understanding of what disruption/loss of productivity is all about and what contractors must establish to validate their disruption claims. A proper understanding of how to prove disruption claims is imperative in this period of the COVID-19 pandemic, where disruptions/loss of productivity on construction projects are most likely to be rampant. This paper delivers a detailed study of the key requirements necessary for successfully establishing disruption/loss of productivity suffered because of complying with the employer's COVID-19 related instructions. In achieving the aim of this paper, this paper referred to several decided cases and the various standard forms of contracts commonly used in Nigeria 1990 and the FIDIC Red Book 1999 edition. This paper will serve as a practical guide to contractors, employers, and arbitrators as it provides simple information on what parties should consider before making disruptions claims. It provides in-depth guidance on the elements that the contractor must establish to succeed in a disruption/loss of productivity claims.

- by Osinachi Nwandem and +1
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- International Arbitration, Arbitration, Construction Law, Arbitration Law

ΜΕΛΕΤΗ ΓΙΑ ΤΙς ΕΞΕΛΙΞΕΙΣ ΣΤΟ ΧΩΡΟ ΤΟΥ ΔΙΚΑΙΟΥ ΤΩΝ ΚΑΤΑΣΚΕΥΏΝ

Delay analysis techniques have been a frequent topic of discussion in construction law literature. Delay analysis guidelines, such as The Society of Construction Law Delay and Disruption Protocol, and forensic schedule analysis guidelines, such as AACE International’s Recommended Practice 29R-03 Forensic Schedule Analysis (“RP 29R-03”), were developed to provide practitioners useful tools for implementation. RP 29R-03 is comprised of numerous method implementation protocols (MIPs), among which is MIP 3.7, commonly known as the Time Impact Analysis (TIA). While MIP 3.7 addresses the retrospective application of a TIA method, Recommended Practice 52R-06 (“RP 52R-06”) addresses the prospective application of the method. The TIA method has been used extensively in the United States and worldwide and can arguably be considered one of the most popular and renowned implemented delay analysis methods. Despite its prevalent use, the TIA method, whether used retrospectively or prospectively, contains numerous technical and legal pitfalls that pose challenges to its users. This paper sheds light on these practical and legal challenges and concludes with recommendations in an attempt to overcome, or at least mitigate, these technical and legal challenges. Case studies from the Middle East North Africa (MENA) region are presented to illustrate the practical challenges highlighted in this paper.

A practical cross-border insight into construction and engineering law.

- by Felipe Hermosilla Torres and +1
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- Construction Law, Construction Law and Dispute Resolution

The Gulf Cooperation Countries (GCC) consistently rank among the top 10% of per capita waste producers in the world. Collectively around 120 million tons of waste is produced annually in GCC; 55% construction and demolition (C&D) waste, 20% municipal solid waste (MSW), 18% industrial waste, and 7% hazardous waste. Like other GCC nations, the Kingdom of Saudi Arabia (KSA) generates massive amounts of MSW, C&D waste, and industrial waste. This study aims to examine 81 construction companies in the Eastern Province of KSA to determine which factors critically affect the sustainable management of C&D waste in the country. Only 39.5% of the companies studied had a pollution control plan for their projects. It was also found that only 13.6% of C&D waste is recycled and reused every year, whereas the remaining 86.4% C&D waste eventually goes to the landfills. Most of the C&D waste in the country is a promising source of potential recyclable construction materials such as gravel from debris, metals, and sand. This would not only fulfill the requirements of gravel and metal production of the KSA but also solve the waste disposal issues along with generating huge economic benefits. However, to accomplish the goal of sustainable construction waste management, it is critical to underline the various factors that might impact the construction waste management practices in the country. Keywords Construction and demolition (C&D) waste · Municipal solid waste (MSW) · Waste recycling · Landfill sites · Sustainable construction material

- by Dr. Abdul-Sattar Nizami and +1
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- Environmental Engineering, Civil Engineering, Environmental Science, Constitutional Law

Las cargas de colaboración son imperativos condicionales de la posición de cada parte en el contrato de construcción. Su fuente es la convención o la ley. Su incumplimiento afecta la exigibilidad temporal o definitiva del respectivo... more

Tipos de contratos de construcción internacionales, bajo el formato estándar de FIDIC [Federación Internacional de Ingenieros Consultores]

- by Juan Ruiz Cruz
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- Construction Law
- by CMA EnergoConstruct
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- Construction Law
- by Akintola Akintoye
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- Business, Construction Law

Manual de construcción en acero del Instituto Mexicano de la Construcción en Acero en su quinta edición. Contiene las especificaciones adecuadas para el uso y calculo de elementos de acero estructural aplicados en la republica mexicana.... more

- by Alban Jandete
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- Construction Law, Construcción, Acero
- by Sunu D. Wibiakso
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- Criminal Law, Constitutional Law, Public Administration, Contract Law

In Malaysia, the question of whether the performance bond in a construction contract is a conditional or an unconditional guarantees is still one of the issues relating to performance bond. Therefore, the objective of this research is to determine the phrase(s) in the Performance Bond in a construction contract that determine whether the performance bond is a conditional or unconditional on demand guarantee. In order to achieve this objective, the research was conducted by analyzing relevant court cases. From the findings, it can be concluded that unless an undisputed meaning of the words in the performance bond to make the performance bond to be purely conditional or unconditional 'on-demand' bond, most court interpreted performance bond to be an on-demand performance bond which is only conditional upon the beneficiary asserting the basis of the claim upon the issuer of the bond contending that there has been breach of contract.

- by Azizan Supardi
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- Dispute Resolution, Quantity Surveying, Construction Law, Malaysia

En dicha investigación, se explora en los modelos de contratos internacionales de construcción (FIDIC, NEC), en el Protocolo de Demoras y Disrupción de la SCL 2da. ed. 2017, en el ordenamiento jurídico peruano, en la literatura especializada, y, en diferentes casos; cuáles son los aspectos legales (tipo de plazo, las causas de atraso y los tipos de demora, la mitigación desplegada), y técnicos (por referencia a los cronogramas contemporáneos, la titularidad de las holguras, los registros en el sitio, el método de análisis de la demora, entre otros) que una cláusula de ampliación de plazo debe considerar y regular, a fin de determinar en justicia el otorgamiento del remedio de la ampliación de plazo.

Keywords:
Oil Spillage, Environmental Risks, Health and Safety Risks, Environmental Law, Human Rights Law & Challenges for Victims.

- by Paul Chynoweth
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- Real Estate, Law, Islamic Law, Comparative Law

The problems of cash flow in the construction industry is a common phenomenon. It happens anywhere and Malaysia is no exception. The main purpose of this research is to study the effectiveness of CIPAA by investigating whether it has eased the problems of cash flow in the construction industry. Since construction industry plays a pivotal role in national economic, its problems need to be rectified as soon as possible. CIPAA is enacted, thereby. However, whether CIPAA has served its purpose remains a question. This study intends to look into this question. A questionnaire survey was conducted to solicit the opinions or feedbacks from main contractors, consultant QS and subcontractors. 35 respondents took part in the survey. This study found that cash flow has become smoother since CIPAA is introduced. However, conditional payment and problem of timeliness in paying remain. Also, most of the construction industry players are satisfied with the duration of CIPAA. Furthermore, CIPAA is considered as a relatively affordable and speedy dispute resolution mechanism when compared to arbitration or litigation, given a rating of 4 out of 5, overall. Issues on breach of natural justice and jurisdiction problems of adjudicators are found to be the concern of the industry players. It is also learnt that the construction industry stakeholders think that it is fair to have adjudication reply with no further ground for respondent to response to that reply. The power to award adjudication cost given to adjudicator is seen as a deterrent towards CIPAA, especially to small and medium-sized company. Extension of coverage of CIPAA to oral and “partly oral, partly written” construction contracts and adjudication review are sought after.

When submitting cost claims arising from variations and additional works as well as for entitlements for loss and expense due to disruption, prolongation and delay, contractors oftentimes encounter the perennial problem of having their legitimate claims being summarily rejected or denied. The source of this predicament can be multi-fold, and are usually due primarily to the lack of understanding by the contracting parties of the rudimentary and contractual principles governing such claims and entitlements. This paper will explore some of the salient issues that contractors, clients and consultants should be aware of when handling such important claims and entitlements.

- by Adrias Tan
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- Construction Management, Construction Law

Privity doctrine, even though it was meant to protect third parties, created numerous commercial hassles. Contracts (Rights of Third Parties) Act 1999 helped to reform Third Party rights aspects of the Privity. At the same time, the Act which is based on the Law Commission report (1996), did not abolish the doctrine, left the rule and exceptions intact for cases not covered by the statute. The Act has improved the law, but has not simplified it much . Third party rights would be effective only when the contract expressly states it or if the terms in contract expressly purported to confer a benefit on the third party and it can be interpreted that the third party can be permitted to have a remedy in pursuing such benefit against them . So, all these exceptions and statutes explained above are considered important and highly beneficial in circumventing the rule when third party rights need to be established.