Um die anderen Arten von Veröffentlichungen zu diesem Thema anzuzeigen, folgen Sie diesem Link: Construction contracts Australia.
Zeitschriftenartikel zum Thema „Construction contracts Australia“
Geben Sie eine Quelle nach APA, MLA, Chicago, Harvard und anderen Zitierweisen an
Machen Sie sich mit Top-50 Zeitschriftenartikel für die Forschung zum Thema "Construction contracts Australia" bekannt.
Neben jedem Werk im Literaturverzeichnis ist die Option "Zur Bibliographie hinzufügen" verfügbar. Nutzen Sie sie, wird Ihre bibliographische Angabe des gewählten Werkes nach der nötigen Zitierweise (APA, MLA, Harvard, Chicago, Vancouver usw.) automatisch gestaltet.
Sie können auch den vollen Text der wissenschaftlichen Publikation im PDF-Format herunterladen und eine Online-Annotation der Arbeit lesen, wenn die relevanten Parameter in den Metadaten verfügbar sind.
Sehen Sie die Zeitschriftenartikel für verschiedene Spezialgebieten durch und erstellen Sie Ihre Bibliographie auf korrekte Weise.
1
Turnbull, C., W. Sher und L. Tang. „How Can Blockchain Benefit Payment Systems in Smart Construction Contracts: A Brief Review“. IOP Conference Series: Earth and Environmental Science 1101, Nr. 9 (01.11.2022): 092037. http://dx.doi.org/10.1088/1755-1315/1101/9/092037.
Der volle Inhalt der QuelleAnnotation:
Abstract Construction industry professionals suffer regularly from poor cash-flow which reflects non-payment or payment delays down the hierarchical chain. This issue is important as the construction industry has the highest rates of insolvency in Australia, the UK and many other countries. Payment conditions under current construction contracts have proven to be inefficient in delivering timely payments as human interference has control over processing claims. This paper investigated the status of contracts and contract law in Australia and the potential of smart contract technology in improving payment issues in the industry. Qualitative data was collected from secondary literature sources which included observations from industry professionals, real case studies, secondary research and government surveys. It was found that smart contracts feature self-executing digital contracts, immutable data, require no intermediaries and provide transparency on all levels. Although these features are fit for purpose in resolving current contractual issues, smart contracts are not yet available in the construction industry. It was also found that smart contracts do have the potential to provide a trusted and reliable payment system in the construction industry, although there are some aspects it is unlikely to replace such as human performance. Research limitations and future research directions are also provided.
2
Davenport, Philip. „Practical Guide to Engineering and Construction Contracts“. Construction Economics and Building 10, Nr. 4 (16.12.2010): 75–78. http://dx.doi.org/10.5130/ajceb.v10i4.1886.
Der volle Inhalt der Quelle
3
Evans, Phillip. „Statutory Review of the Construction Contracts Act 2004 (WA)“. University of Notre Dame Australia Law Review 18, Nr. 1 (2016): 124–59. http://dx.doi.org/10.32613/undalr/2016.18.1.4.
Der volle Inhalt der QuelleAnnotation:
The Construction Contracts Act 2004 provides for security of payment in the construction industry through the use of rapid adjudication processes to determine payment disputes. It further prohibits or modifies certain “unfair” provisions in construction contracts and implies provisions in construction contracts about certain matters if there are no written provisions about these matters in the contract. In 2015 the Minster for Commerce commissioned a review of the Act to determine whether iy is meeting the needs of industry and whether amendment was required. This paper provides a background to the construction industry in Western Australia and the essential provisions of the Act together with the principal findings from the review. The recurring issue throughout the review was the critical need for widespread education and publicity regarding the existence of, and the provisions of the Act. Unless this occurs as a matter of urgency and priority, the Act will not fully achieve its objectives for the benefit of all sections of the construction industry.
4
Ke, Yongjian, Florence Y. Y. Ling und Patrick X. W. Zou. „Effects of Contract Strategy on Interpersonal Relations and Project Outcomes of Public-Sector Construction Contracts in Australia“. Journal of Management in Engineering 31, Nr. 4 (Juli 2015): 04014062. http://dx.doi.org/10.1061/(asce)me.1943-5479.0000273.
Der volle Inhalt der Quelle
5
Chan, Daniel W. M., Joseph H. L. Chan und Tony Ma. „Developing a fuzzy risk assessment model for guaranteed maximum price and target cost contracts in South Australia“. Facilities 32, Nr. 11/12 (04.08.2014): 624–46. http://dx.doi.org/10.1108/f-08-2012-0063.
Der volle Inhalt der QuelleAnnotation:
Purpose – This paper aims to develop a fuzzy risk assessment model for construction projects procured with target cost contracts and guaranteed maximum price contracts (TCC/GMP) using the fuzzy synthetic evaluation method, based on an empirical questionnaire survey with relevant industrial practitioners in South Australia. Design/methodology/approach – A total of 34 major risk factors inherent with TCC/GMP contracts were identified through an extensive literature review and a series of structured interviews. A questionnaire survey was then launched to solicit the opinions of industrial practitioners on risk assessment of such risk factors. Findings – The most important 14 key risk factors after the computation of normalised values were selected for undertaking fuzzy evaluation analysis. Five key risk groups (KRGs) were then generated in descending order of importance as: physical risks, lack of experience of contracting parties throughout TCC/GMP procurement process, design risks, contractual risks and delayed payment on contracts. These survey findings also revealed that physical risks may be the major hurdle to the success of TCC/GMP projects in South Australia. Practical implications – Although the fuzzy risk assessment model was developed for those new-build construction projects procured by TCC/GMP contracts in this paper, the same research methodology may be applied to other contracts within the wide spectrum of facilities management or building maintenance services under the target cost-based model. Therefore, the contribution from this paper could be extended to the discipline of facilities management as well. Originality/value – An overall risk index associated with TCC/GMP construction projects and the risk indices of individual KRGs can be generated from the model for reference. An objective and a holistic assessment can be achieved. The model has provided a solid platform to measure, evaluate and reduce the risk levels of TCC/GMP projects based on objective evidence instead of subjective judgements. The research methodology could be replicated in other countries or regions to produce similar models for international comparisons, and the assessment of risk levels for different types of TCC/GMP projects (including new-build or maintenance) worldwide.
6
Ke, Yongjian, Peter Davis und Marcus Jefferies. „A conceptual model of psychological contracts in construction projects“. Construction Economics and Building 16, Nr. 3 (08.09.2016): 20–37. http://dx.doi.org/10.5130/ajceb.v16i3.4993.
Der volle Inhalt der QuelleAnnotation:
The strategic importance of relationship style contracting is recognised in the construction industry. Both public and private sector clients are stipulating more integrated and collaborative forms of procurement. Despite relationship and integrated contractual arrangement being available for some time, it is clear that construction firms have been slow to adopt them. Hence it is timely to examine how social exchanges, via unwritten agreement and behaviours, are being nurtured in construction projects. This paper adopted the concept of Psychological Contracts (PC) to describe unwritten agreement and behaviours. A conceptual model of the PC is developed and validated using the results from a questionnaire survey administered to construction professionals in Australia. The results uncovered the relationships that existed amongst relational conditions and relational benefits, the PC and the partners’ satisfaction. The results show that all the hypotheses in the conceptual model of the PC are supported, suggesting the PC model is important and may have an effect on project performance and relationship quality among contracting parties. A validated model of the PC in construction was then developed based on the correlations among each component. The managerial implications are that past relationships and relationship characteristics should be taken into account in the selection of procurement partners and the promise of future resources, support and tangible relational outcomes are also vital. It is important for contracting parties to pay attention to unwritten agreements (the PC) and behaviours when managing construction projects.
7
Hall, Richard. „Australian Industrial Relations in 2005 - The WorkChoices Revolution“. Journal of Industrial Relations 48, Nr. 3 (Juni 2006): 291–303. http://dx.doi.org/10.1177/0022185606064786.
Der volle Inhalt der QuelleAnnotation:
Industrial relations in Australia in 2005 were dominated by the introduction of the WorkChoices reforms, the most fundamental recasting of the industrial relations system in over 100 years. This analysis examines the rhetoric and reality of the reforms and identifies and summarizes the main features of the changes. It is argued that the implications of the reforms will include an expanded low wage sector, a contraction in collective bargaining and the greater use by employers of individual contracts. The reforms represent a ‘corporatisation’ of industrial relations (McCallum, 2006), commit Australia to a low road labour market development path and signal a new level of politicization of industrial relations. The rhetorical strategies employed by the principal author of the reforms, Prime Minister John Howard, reveal a distinctive construction of the emergent Australian worker - the ‘enterprise worker’ - that is central to Howard’s vision of the future.
8
Ninan, Johan, Stewart Clegg, Steve Burdon und John Clay. „Reimagining Infrastructure Megaproject Delivery: An Australia—New Zealand Perspective“. Sustainability 15, Nr. 4 (07.02.2023): 2971. http://dx.doi.org/10.3390/su15042971.
Der volle Inhalt der QuelleAnnotation:
Infrastructure megaprojects are increasing in size and number worldwide. Widespread shortcomings such as cost overruns, delays, litigious threats, and community opposition are now so pervasive there is a clear mandate to rethink the way we plan, deliver, and operate our infrastructure. In this context, we situate this research to understand how megaprojects can be set up for success. Data were collected from responses to a questionnaire survey, interviews, and case studies. The questionnaire was fielded by multiple agencies involved in infrastructure projects, such as engineers, construction organizations, and government delivery agencies. For qualitative insights, we conducted 30 interviews with participants from these agencies and studied cases that successfully implemented the themes identified. The results highlight the three themes with the highest impact in delivering projects successfully: (1) Improved integrated planning, business cases, and front-end engineering design; (2) efficient use of contracts; and (3) strengthening government and political engagement. This research contrasts the literature on megaproject success with data collected from questionnaires, case studies, and interviews. Collecting solutions that have solved issues effectively is an innovative aspect of our methodology, with these findings holding considerable value for ecosystem practitioners. Thus, we contribute by highlighting eight cost-effective, relevant, and efficient ways for reimagining infrastructure megaproject delivery.
9
Whitehead, Julie, und Karen Walters. „EPCM contracting: clearing the minefield“. APPEA Journal 54, Nr. 1 (2014): 231. http://dx.doi.org/10.1071/aj13023.
Der volle Inhalt der QuelleAnnotation:
The past year has seen a downturn in the number of new mining and infrastructure projects in Australia. Despite that, the authors are noticing a continuation of the trend towards a greater use of engineering, procurement and construction management (EPCM) style contracting. The increased use of EPCM contracts is in part due to projects becoming larger and more complex. As these projects can only be delivered by multiple contractors who all seek to limit their liability, the EPCM contract offers a useful framework for coordinating and managing those contractors, and maximising the owner’s recourse to them. This is particularly so in the oil and gas industry, with many projects using this form of project delivery. As there is no standard-form EPCM contract, however, and given the complex technical nature of these types of projects, negotiating an EPCM contract can be fraught with danger, especially for owners who may not have used this style of contract before. This paper discusses the unique characteristics of the EPCM contract (particularly in contrast to the engineering, procurement and construction style contract), the typical risk allocation, and the creative use of compensation and incentive regimes to drive optimum performance. The EPCM model is not suited to all projects, but if it is appropriately negotiated and drafted, and is well managed by an appropriately skilled and resourced owner’s team, it can provide a platform for excellence in project delivery.
10
Lambie, Ross, Nicole Thomas und David Whitelaw. „Implications of LNG exposure on the competitiveness of Australia“. APPEA Journal 56, Nr. 2 (2016): 589. http://dx.doi.org/10.1071/aj15095.
Der volle Inhalt der QuelleAnnotation:
Australia’s eastern gas market has historically been one of low prices and stable, long-term contracts. The development of coal seam gas (CSG) and the construction of Queensland’s three CSG to LNG projects is driving a tripling of gas production in eastern Australia and changes to historical patterns and directions of gas flows throughout the market. This transition from an isolated market to one linked to international LNG markets, coinciding with the unwinding of many legacy contracts, is leading to unprecedented change and will have profound effects on all participants. This extended abstract considers the implications of LNG exposure on the competitiveness of Australia’s eastern gas market. It will draw on the expertise of the gas market specialists in the Office of the Chief Economist, and the oligopolistic model of the market, to consider impacts on supply, demand, price, and the level of competition in various sectors of the market. One of the initial findings is that the volatility of global LNG spot prices is likely to have a significant impact on both gas production and demand in east Australia, given the scale of LNG exports relative to the eastern market. The extended abstract explores a range of LNG demand scenarios for the eastern gas market. It will emphasise the fundamental importance of expanded gas production on market outcomes, and the need for ongoing gas exploration and development to support the market through the transition.
11
Denman, Michael, Fahim Ullah, Siddra Qayyum und Oluwole Olatunji. „Post-Construction Defects in Multi-Unit Australian Dwellings: An Analysis of the Defect Type, Causes, Risks, and Impacts“. Buildings 14, Nr. 1 (15.01.2024): 231. http://dx.doi.org/10.3390/buildings14010231.
Der volle Inhalt der QuelleAnnotation:
Due to the rising prices of houses and rent, apartment buildings have become the preferred and most utilized dwellings in Australia. However, there have been cases of serious defects in multi-unit dwellings (apartment buildings), posing various risks to and reducing potential residents’ confidence in such dwellings. To address this issue, the current study investigated the types, causes, risk severity, and impacts of defects on residents in mid- to high-rise multi-unit dwellings in Australia. The study utilized a mixed approach involving quantitative (online questionnaire) and qualitative (interviews) methods. Data were collected from 104 apartment building residents in Brisbane, Queensland, Australia, with support from interviews with six experienced local construction professionals. The results revealed that there are 11 key defects present in local apartment buildings, with waterproofing, internal finishes, and structural issues being the most frequently reported. Residents typically report these defects to building owners, agents, and managers, who take more than three months, on average, to rectify them, adding to the residents’ psychological issues and their inability to use the property as intended. The reasons for the delayed rectification of defects include non-responsive owners, agents, and building management teams, scheduling conflicts, litigation, and high costs. The interviewed professionals acknowledged the presence of defects and identified the reliance on Design and Construct (D&C) and fixed price contracts, lack of public awareness, and absence of a system to capture builders’ reputation, as well as a manipulative quality check system, as key reasons for defects. This study addresses the defect concerns in multi-unit Australian dwellings (apartments) and expects to spark a much-needed debate around reforms in the construction sector to address these issues and minimize their risks and impact on residents.
12
Lingard, Helen, Amanda Warmerdam und Salman Shooshtarian. „Getting the balance right“. Engineering, Construction and Architectural Management 26, Nr. 4 (20.05.2019): 599–617. http://dx.doi.org/10.1108/ecam-02-2018-0086.
Der volle Inhalt der QuelleAnnotation:
Purpose In Australia, national harmonisation of occupational health and safety (OHS) regulation was pursued through the development of model Work Health and Safety legislation. The model Work Health and Safety Regulations specify that construction works above a threshold cost of AU$250,000 are deemed to be construction projects requiring the appointment of a principal contractor with duties relating to OHS planning and coordination. The purpose of this paper is to explore the effectiveness of the monetary threshold as a suitable trigger for specific OHS planning and coordination duties. Design/methodology/approach Interviews were conducted with 46 Australian construction industry stakeholders, including union representatives, employer groups, construction firm representatives and regulators, as well as four international construction OHS experts, to explore perceptions about the effectiveness of the monetary threshold. Two construction scenarios were also modelled to test for variability in operation of the threshold by geographical location of works and design conditions. Findings The monetary threshold was perceived to be subject to two forms of capture problem, reflecting inadvertent capture of low risk works or failure to capture high risk works. Organisations were also reported to deliberately split contracts to avoid capture by the threshold. The cost-estimate modelling revealed inequalities and variation in the operation of the monetary threshold by geographic location and design specification. Practical implications The analysis suggests that limitations inherent in the use of a monetary threshold to trigger duties relating to OHS planning and coordination in construction works. Opportunities to use more sophisticated risk-based mechanisms are considered. Originality/value The study explores a fundamental challenge of risk-based OHS regulation, i.e., how to ensure that workers’ health and safety are adequately protected without creating an unnecessarily high regulatory burden. The research provides evidence that using a monetary value as a proxy measure for OHS risk in construction projects may be problematic.
13
Yung, Ping, und Kieran Rafferty. „Statutory adjudication in Western Australia: adjudicators’ views“. Engineering, Construction and Architectural Management 22, Nr. 1 (19.01.2015): 54–72. http://dx.doi.org/10.1108/ecam-03-2014-0033.
Der volle Inhalt der QuelleAnnotation:
Purpose – The purpose of this paper is to evaluate the effectiveness of the statutory adjudication legislation in Western Australia against its stated aims. Design/methodology/approach – The four objectives of the Western Australia Construction Contracts Act 2004 were identified. For each objective a number of criteria has been devised. In total, 22 registered adjudicators were interviewed, representing 28 per cent of all adjudicators in Western Australia. The interviewees were divided into two groups, one with legal background (being both lawyer and adjudicator), the other without (construction professionals). They were asked to evaluate the criteria against a five-point Likert scale in addition to open ended comments. Mann-Whitney U tests were used to examine whether there were significant differences between the two groups. Annual reports of Building Commissioner, database of the WA State Administrative Tribunal and some law cases were also referred to. Findings – It is found that the West Coast Model is fair to both parties, the adjudications are generally completed speedily according to the prescribed timeframe, and they have been conducted in various levels of formalities. Adjudications are very cost effective for larger claims. However, they are not so for smaller claims. The increasing uptake rate shows that adjudication is getting more popular, while the low appeal rate shows that decisions on dismissal are fair. Research limitations/implications – The adjudicators’ opinions are only part of the overall picture and that more research on this topic needs to be done. Originality/value – There have been two distinct legislative models in Australia, commonly known as East Coast Model and West Coast Model. A number of authors have called for a national dual model incorporating both current models. However, it might be too early to discuss the national dual model when there have been very few evaluations on the West Coast Model and among the few there have been problems in the research design. This paper seeks to bridge the gap by evaluating the West Coast Model against its stated aims.
14
Hunt, Chris D. L. „GOOD FAITH PERFORMANCE IN CANADIAN CONTRACT LAW“. Cambridge Law Journal 74, Nr. 1 (März 2015): 4–7. http://dx.doi.org/10.1017/s0008197315000112.
Der volle Inhalt der QuelleAnnotation:
IN Mellish v Motteux (1792) 170 E.R. 113, 157, Lord Kenyon observed that “in contracts of all kinds, it is of the highest importance that courts of law should compel the observance of honesty and good faith”. This passage echoes a similar statement by Lord Mansfield 25 years earlier in Carter v Boehm (1766) 97 E.R. 1162, 1910. Despite these early statements of principle, the modern common law has been notoriously hostile to the notion that contracting parties are under a general duty of good faith in the performance of their obligations (see W.P. Yee, “Protecting Parties' Reasonable Expectations: A General Principle of Good Faith” (2001) 1 Oxford U. Commonwealth L.J. 195), and there is certainly “no firm line of modern cases to support such an obligation” in English law (see L.E. Trakman and K. Sharma, “The Binding Force of Agreements to Negotiate in Good Faith” [2014] C.L.J. 598). Nevertheless, some recent decisions in Australia, Canada, and England have begun to imply obligations to perform certain types of promises, in certain classes of contracts, in an honest manner, crafting, in the words of Lord Bingham, “piecemeal solutions in response to piecemeal problems” (Interfoto Picture Library v Stiletto Visual Programmes Ltd. [1989] 1 QB 433, 439 (CA)). A recent English example is Yam Seng Pte Ltd. v International Trade Corporation Ltd. [2013] EWHC 111 (QB) in which Leggatt J. found there to be an implied duty of “honesty” and “fidelity to the bargain” in the context of a long-term distribution contract. Importantly, His Lordship emphasised that whether such obligations can be implied is a matter of construction, which involves ascertaining the parties' objective intentions through conventional techniques such as the principle of business efficacy. As implying such obligations depends entirely on the context of each contract (at paras [137]–[143]) there is, at present, no general principle of good faith performance in English contract law, despite some case-by-case recognition (see Mid-Essex Hospital Services N.H.S. Trust v Compass Group UK and Ireland Ltd. [2013] EWCA Civ 200, at [105], [150]).
15
Chalker, Mathew, und Martin Loosemore. „Trust and productivity in Australian construction projects: a subcontractor perspective“. Engineering, Construction and Architectural Management 23, Nr. 2 (21.03.2016): 192–210. http://dx.doi.org/10.1108/ecam-06-2015-0090.
Der volle Inhalt der QuelleAnnotation:
Purpose – The purpose of this paper is to explore the association between trust and productivity from a subcontractor perspective. More specifically it investigates: the perceived level of trust that currently exists between subcontractors and main contractors; the factors affecting trust at the project level; the relationship between trust and productivity. Design/methodology/approach – An on-line survey was undertaken with of 112 senior construction managers working for tier-1 and tier-2 subcontractors in the Australian construction industry. The survey was based on a combination of validated questions from Lau and Rowlinson’s (2009) interpersonal trust and inter-firm trust in construction projects framework and Cheung et al.’s (2011) framework for a trust inventory in construction contracting. Findings – In contrast to the large number of research projects which have highlighted a lack of trust in the construction industry, the findings show that level of trust that Australian subcontractors have in main contractors is generally high. However, bid shopping is a continuing problem in the Australian construction industry which acts to undermine trust. The findings also provide strong evidence that high levels of trust influence productivity on site by enabling greater collaboration, better communication and greater flexibility, agility and informality in project relationships. Research limitations/implications – This research was undertaken in the Sydney metropolitan area in Australia and within an economic boom. It is quite possible that outside this regional context which tends to dominated by larger construction firms and in an alternative economic context that the results of this research could be quite different. This possibility needs to be investigated further. Practical implications – The results indicate that this relatively healthy level of trust is down to good communication and empathy on the part of main contractors to the subcontractor’s welfare. While the results showed that bid shopping is clearly a continuing problem in the Australian construction industry, subcontractors also felt that their contracts were clearly defined and that they were given sufficient time to innovate on their projects. This suggest that new communications technologies can be used to build trust through the supply chain. Given that much of the construction supply chain is made up of small- to medium-sized businesses, the challenge of diffusing these new technologies into this business environment should be a priority. Social implications – Trust in basis of effective collaboration which has been shown to produce numerous social benefits such as greater equity and justice in business relationships and higher levels of productivity and safety. Originality/value – The originality of this research is in using theories of trust to give subcontractors a greater “voice” in the construction productivity debate.
16
Osei-Kyei, Robert, Timur Narbaev und Godslove Ampratwum. „A Scientometric Analysis of Studies on Risk Management in Construction Projects“. Buildings 12, Nr. 9 (31.08.2022): 1342. http://dx.doi.org/10.3390/buildings12091342.
Der volle Inhalt der QuelleAnnotation:
Risk management is one of the topical areas in construction project management research. However, no attempt has been made in the past decades to explore the emerging themes in this area. This paper reviews the research trends in risk management in construction. The bibliometric data of 1635 publications between 1979 and 2022 were extracted from Scopus using a set of keywords. The study used VOSviewer and Gephi to conduct a scientometric analysis on the extracted publications. The review outcome indicates a significant increase in publications on risk management in construction, with about 205 publications recorded between 2021 and 2022 alone. Based on this analysis, it is projected that the next decade will see significant research on risk management, especially as the construction industry moves towards Industry 5.0 with many uncertainties. Further, the most productive countries of risk management studies in construction include China, the United States, the United Kingdom, Australia, and Hong Kong. Emerging key research areas are discussed using network diagrams and clusters. These areas include the processes in risk management, risk analytical models and techniques, sources of risk and uncertainties, effective knowledge-based systems for improved risk management, risk contingency in construction contracts, risk-integrated project planning and scheduling, and stakeholder management. The findings of this study inform researchers on the current progress of risk management studies in construction and highlight possible research directions that can be considered.
17
Roces, Mina. „Coetzee and the Filipino Woman“. Journal of Modern Literature 46, Nr. 2 (Januar 2023): 114–26. http://dx.doi.org/10.2979/jml.2023.a885850.
Der volle Inhalt der QuelleAnnotation:
Abstract: The character Anya in J.M. Coetzee's Diary of a Bad Year whether knowingly or unknowingly, reinforces white Australian stereotypes of the Filipino woman that Filipina feminists in Australia have tried valiantly to dismantle since the late 1980s. Placing Anya in the context of the history of Filipinas in Australia underscores the unique politics of race and gender that this group experienced. The stereotype of the sexualized Filipina that Anya represents contrasts greatly with the lived experiences of Filipina migrants in Australia, and Filipino cultural constructions of the feminine. Hence, while Filipinos will be offended by Anya, the danger is that Coetzee's Anya normalizes and affirms the white male construction of the sexual Filipina to a non-Filipino readership, further entrenching this image of the Filipina in the popular imagination of white Australians.
18
Manderson, Aaron, Marcus Jefferies und Graham Brewer. „Building Information Modelling and Standardised Construction Contracts: a Content Analysis of the GC21 Contract“. Construction Economics and Building 15, Nr. 3 (31.08.2015): 72–84. http://dx.doi.org/10.5130/ajceb.v15i3.4608.
Der volle Inhalt der QuelleAnnotation:
Building Information Modelling (BIM) is seen as a panacea to many of the ills confronting the Architectural, Engineering and Construction (AEC) sector. In spite of its well documented benefits the widespread integration of BIM into the project lifecycle is yet to occur. One commonly identified barrier to BIM adoption is the perceived legal risks associated with its integration, coupled with the need for implementation in a collaborative environment. Many existing standardised contracts used in the Australian AEC industry were drafted before the emergence of BIM. As BIM continues to become ingrained in the delivery process the shortcomings of these existing contracts have become apparent. This paper reports on a study that reviewed and consolidated the contractual and legal concerns associated with BIM implementation. The findings of the review were used to conduct a qualitative content analysis of the GC21 2nd edition, an Australian standardised construction contract, to identify possible changes to facilitate the implementation of BIM in a collaborative environment. The findings identified a number of changes including the need to adopt a collaborative contract structure with equitable risk and reward mechanisms, recognition of the model as a contract document and the need for standardisation of communication/information exchange.
19
Sundqvist, Jan, Bengt Larsson und Goran Lindahl. „Cooperation in the Building Sector between Building Material Manufacturers and Contractors to Develop Products“. Construction Economics and Building 7, Nr. 2 (23.11.2012): 45–53. http://dx.doi.org/10.5130/ajceb.v7i2.2990.
Der volle Inhalt der QuelleAnnotation:
The Australian Construction Industry is nowfacing skills shortages in all trades. As anindustry focused on the skill of its workforce,there is now concern the Australian standard inquality, workmanship, and productivity will inhibitboth at national and international level.This research paper addresses the underlying,influential factors concerning skills shortages inthe Australian construction industry. Theinfluential factors addressed include funding,training statistics, employer expectations,financial limitations, Industrial Relations andimmigration. Given the reference to skillsshortages within the industry, and documented inrelated literature, if skills shortages are tocontinue to exist, their effect will impact upon theoverall performance of construction companiesthroughout Australia.
20
Humphrys, Elizabeth. „Simultaneously deepening corporatism and advancing neoliberalism: Australia under the Accord“. Journal of Sociology 54, Nr. 1 (März 2018): 49–63. http://dx.doi.org/10.1177/1440783318760680.
Der volle Inhalt der QuelleAnnotation:
Given recent calls for a new social contract between the unions and government, it is timely to consider the relationship of the Australian Labor Party (ALP) and Australian Council of Trade Unions (ACTU) prices and incomes Accord (1983–97) to the construction of neoliberalism in Australia. Contrary to most scholarly accounts, which posit the ALP and ACTU prices and incomes Accord and neoliberalism as exogenously related or competing processes, this article argues they were internally related aspects of economic transformation. The implementation of the Accord agreement deepened Australia’s existing corporatist arrangements while simultaneously advancing neoliberalism within a highly structured political-economic framework.
21
Wright, Blake. „US LNG Boom Puts Producers on Pace To Lap the Competition“. Journal of Petroleum Technology 75, Nr. 04 (01.04.2023): 32–39. http://dx.doi.org/10.2118/0423-0032-jpt.
Der volle Inhalt der QuelleAnnotation:
The US is poised to retake the crown from Australia as the world’s top LNG exporter, a title the country held briefly in 2022 before Freeport LNG went offline due to a fire in June 2022. Freeport LNG recently began supplying cargoes again and may be up to full speed during the second half of this year. In 2021, the US was third in exports behind Australia and Qatar, which sold about 10.5 Bcf/D and 10.1 Bcf/D of gas as LNG, respectively. According to the US Energy Information Administration (EIA), the US began exporting LNG in February 2016, and within 7 years developed the world’s largest LNG export capacity with seven LNG export facilities totaling 13.9 Bcf/D of peak production capacity. US LNG exports exceeded pipeline exports of natural gas for the first time on an annual basis in 2021. Monthly LNG exports set new records throughout 2021 and averaged 11.3 Bcf/D during that winter, 2.2 Bcf/D more than the previous winter. In March 2022, US LNG exports reached a new high of 11.9 Bcf/D. US exports will be further bolstered by new projects moving forward. According to the US Energy Department (DOE), there are currently five export terminals that have received regulatory approvals and are under construction with another dozen either expansion or greenfield projects that have received regulatory clearances but have yet to break ground. Analysts at Wood Mackenzie see a massive investment opportunity for this next wave of US LNG terminals and predict three new projects with a total capacity of over 34 mtpa could start up as soon as 2024—New Fortress Energy’s Louisiana FLNG, Venture Global’s Plaquemines LNG Phase 1, and ExxonMobil/QatarEnergy’s Golden Pass LNG. Another dozen or so projects could find their way to first cargoes by 2028. If the majority of these projects proceed to final investment decision (FID), the market could see a $100-billion infusion over the next 5 years, with three quarters of that investment coming in pre-FID projects, according to Wood Mackenzie. Planned liquefaction terminals range from additional trains on existing plants to ground-up projects, which even includes a pair of offshore ports utilizing FLNG vessels. While the outlook for the US LNG export market looks strong, inflationary issues are threatening to take the bloom off the rose. The overall cost of these projects is on the rise. According to Wood Mackenzie, Calcasieu Pass LNG, which had its FID made in mid-2019, was expected to cost around $580 per tonne. By March 2022, that number had risen to more than $650 per tonne. Other projects are also experiencing inflationary pressures on planned capex. Despite this, the competitive nature of takeaway contracts has kept those fees lower, even as the cost of the terminals rise. That combination could start to squeeze developer returns. The war in Ukraine has been a major factor contributing to the appetite for US LNG and thus, a key driver in securing long-term contracts for future deliveries. European countries dependent on Russian natural gas have pulled back and are attempting to rein in their dependence while seeking new supplies. While many of the newest supplies will not be available for a couple of years, European counties are expected to push through a period of higher volatility and pricing until fresh US imports start to arrive.
22
Shokri-Ghasabeh, Morteza, und Nicholas Chileshe. „Critical factors influencing the bid/no bid decision in the Australian construction industry“. Construction Innovation 16, Nr. 2 (04.04.2016): 127–57. http://dx.doi.org/10.1108/ci-04-2015-0021.
Der volle Inhalt der QuelleAnnotation:
Purpose The purpose of this study is to investigate and rank the critical factors influencing the bid/no bid criteria and their importance in the Australian construction industry. Design/methodology/approach The research study has been undertaken by conducting an extensive literature review on bid/no bid decision-making criteria. As a result, the researchers identified 26 most common bid/no bid decision-making criteria that are accordingly grouped into five distinct categories, namely, “project”, “market”,“contractor”, “client” and “contract”. The literature review was followed by a national survey that was designed and utilised by the researchers to collect data for this purpose. The survey was sent to potential 450 Australian construction companies in various locations and responses were received from 81 Australian construction companies. Response data were subjected to descriptive and inferential statistics. Kruskal Wallis one-way analysis of variance (ANOVA) was applied to detect significant differences between the mean score grouped according to the organisation size (contract value). Findings The descriptive and empirical analysis demonstrated a disparity of ranking of the 26 bid/no bid criteria factors among the groups; however no statistically significant differences among the 26 bid/no criteria factors despite the absolute differences in the rankings and mean scores in the following four factors: (1) “bidding condition”, (2) “strength/weaknesses”, (3) “contract payment terms” and (4) “number of competitors/bidders”. Based on the overall sample, the highly ranked four factors were “client financial capability”, “project risk”, “project future benefits and profitability” and “number of competitors/bidders”. The following were the least ranked: “contractors’ financial situation”, “project duration” and “contractors’ material availability”. “Client financial capability”and “project risk” were jointly ranked as the most important by large, whereas “client financial capability” was also rated highly for smaller Australian construction contractors (ACCs). The medium ACCs had “project risk”as highly ranked. Research limitations The majority of the participants were small construction contractors in Australia. The reason is that the researchers were not aware of the contractors’ size prior to inviting them for participation in the research study. Second, the findings may not generalise to other industries or to organisations operating in other countries. Practical implications The identified “bid/no bid criteria” increase the awareness of existing decision-making practices and play a critical role in the future decisions of the construction companies, where decision makers need to evaluate the next opportunities encountered. Furthermore, knowledge and possession of these identified “bid/no bid” criteria would enable contractors to select a project with a higher probability of success in the future, which will accordingly result in long-term financial benefits and higher performance. Finally, the awareness of these factors could contribute to changing the contractor’s behaviours when bidding in a competitive environment or market conditions. Originality/value The study contributes to the body of knowledge on tendering and bidding practices among contractors in Australia, an area previously under explored. Second, this study provides some insights on the factors influencing the bid/no bid decisions among the ACCs.
23
Bogueva, Diana, Maria Marques, Carla Forte Maiolino Molento, Dora Marinova und Clive J. C. Phillips. „Will the Cows and Chickens Come Home? Perspectives of Australian and Brazilian Beef and Poultry Farmers towards Diversification“. Sustainability 15, Nr. 16 (15.08.2023): 12380. http://dx.doi.org/10.3390/su151612380.
Der volle Inhalt der QuelleAnnotation:
Farmers across the world face criticism on environmental and animal welfare concerns, as well as are increasingly being affected by climate change. We explored the willingness of cattle and poultry producers in Australia and Brazil to consider alternative enterprises and diversification of their businesses. Twenty-seven farmers, 14 from Australia and 13 from Brazil, current or former beef or poultry producers, were interviewed to explore their perspectives about making such changes. The interviews were qualitatively analysed using Atlas.ti to generate key insights. Although the farmers were actively interested or had engaged in alternative enterprises, they recognised these presented a less certain future if they had been previously contracted to large companies. Some were critical of their respective governments and former contract companies for lack of assistance in finding suitable alternative enterprises. Farmers showed inconsistent recognition of the current challenges of animal production in relation to climate change. Our results indicate that most farmers are open to diversifying, but they face many challenges that have serious connotations. Public policies, knowledge transfer and a secure demand for alternative products emerged as major influential factors for Australian and Brazilian farmers in a fast and just transition from meat cattle and chicken raising to alternative activities.
24
Beck, Douglas, und John Lord. „Design and Production of ANZAC Frigates for the RAN and RNZN: Progress Towards International Competitiveness“. Journal of Ship Production 14, Nr. 02 (01.05.1998): 85–109. http://dx.doi.org/10.5957/jsp.1998.14.2.85.
Der volle Inhalt der QuelleAnnotation:
ANZAC, the acronym of the Australian and New Zealand Army Corps, is the name given to a new class often frigates under construction for the Royal Australian and Royal New Zealand Navies. The prime contract was awarded in November 1989, and a separate design sub-contract was awarded concurrently. HMAS ANZAC, the first of eight ships for the Royal Australian Navy (RAN), was delivered in March 1996. HMNZS Te Kaha, the first of two ships for the Royal New Zealand Navy (RNZN), was delivered in May 1997. The paper describes the collaborative process, involving the Australian Department of Defence, the New Zealand Ministry of Defence, and Defence Industry in Australia, New Zealand and overseas, for the design and production of the ships. The need to maximise the level of Australian and New Zealand industrial involvement, led to a process of international competition between prospective suppliers, and significant configuration changes from the contract design baseline. Delivery of the first ship was extended to accommodate the revised approach, and in the event only five months additional time proved necessary. Although formal acceptance of HMAS ANZAC is not due until the completion of operational test and evaluation, the contractor's sea trials have successfully demonstrated the performance exceeding the requirements and the expectations of the RAN. The paper also describes the growing maturity of Australia's naval shipbuilding industry. It suggests some lessons learned from the project, and identifies issues important for the further development and sustainability of the industry. It advocates the need for agreed methodologies to evaluate the productivity of the various elements of the shipbuilding process, and to help ensure the establishment and maintenance of world competitive costs and quality.
25
Coggins, Jeremy. „From Disparity to Harmonisation of Construction Industry Payment Legislation in Australia: A Proposal for a Dual Process of Adjudication based upon Size of Progress Payment Claim“. Construction Economics and Building 11, Nr. 2 (20.06.2011): 34–59. http://dx.doi.org/10.5130/ajceb.v11i2.1939.
Der volle Inhalt der QuelleAnnotation:
Since the introduction of the Building and Construction Industry Security of Payment Act into New South Wales in 1999, construction industry payment legislation has progressively been enacted on a jurisdiction-by-jurisdiction basis throughout Australia. Of the eight Australian Acts, two distinct legislative models can be discerned – what have been termed the ‘East Coast’ and ‘West Coast’ models. This article compares the two models with respect to their payment systems and adjudication schemes, procedural justice afforded, incursion upon freedom of contract, uptake rates and efficiency. From this comparison, the strengths and weaknesses of the two models are identified. Finally, a dual process of adjudication based on progress payment claim size is proposed for a harmonised model, developed from previous proposals put forward by other authors, which aims to combine the strengths of the two existing models.
26
ZUO, Jian, George ZILLANTE, Bo XIA, Albert CHAN und Zhenyu ZHAO. „HOW AUSTRALIAN CONSTRUCTION CONTRACTORS RESPONDED TO THE ECONOMIC DOWNTURN“. International Journal of Strategic Property Management 19, Nr. 3 (09.10.2015): 245–59. http://dx.doi.org/10.3846/1648715x.2015.1052588.
Der volle Inhalt der QuelleAnnotation:
The Global Financial Crisis (GFC) in 2008 had a significant impact on the world economy and the construction industry was no exception. This study investigates the major impacts of the 2008 GFC on the Australian construction industry and, in particular how the Australian construction contractors responded to the economic downturn. A total of 35 senior managers from the Top 100 Australian construction companies were interviewed. The findings indicate that construction companies, particularly the large ones were not affected in any significant way but are expecting some difficult financial times over the next few years and are taking actions to minimize the upcoming adverse impacts. The most common strategy adopted by Australian construction contractors is to concentrate on core business while avoiding aimless bidding. Similarly, great focus is placed on retaining human resources in order to maintain the skill set so that the company can respond quickly when market conditions improves. The research findings will provide construction contractors with insights on how to establish and sustain competitive advantages during economic slowdown and become more resilient in the future.
27
van der Lans, Pieter Antoon, Christopher Antony Jensen und Mehran Oraee. „Overcoming Head Contractor Barriers to Sustainable Waste Management Solutions in the Australian Construction Industry“. Buildings 13, Nr. 9 (30.08.2023): 2211. http://dx.doi.org/10.3390/buildings13092211.
Der volle Inhalt der QuelleAnnotation:
The construction industry has one of the highest waste intensities in Australia. While there are barriers to the implementation of sustainable waste management (WM) practices, there is a lack of viable solutions for head contractors to overcome these barriers. This research investigates the role of incentives in achieving sustainable WM in the Australian commercial construction industry. A qualitative approach was adopted through interviews with experts in the field to explore the role of incentives as possible solutions to the barriers presented. The findings show that participants are willing to use more sustainable WM practices. However, the barriers are perceived to be too substantial. Many types of incentives can encourage changes in behavior, which contribute to better waste outcomes. The findings also indicate key stakeholders such as the client, government, and industry regulators may provide incentives, including enhancing relevant key performance indicators, amending existing legislations, and implementing government programs to foster a Circular Economy to improve sustainable WM practices. This study contributes to the field by raising awareness about the role of incentives for head contractors to achieve sustainable WM practices.
28
McQueenie, Jim. „Woodside and contractors—partnering for safety excellence“. APPEA Journal 50, Nr. 2 (2010): 708. http://dx.doi.org/10.1071/aj09072.
Der volle Inhalt der QuelleAnnotation:
Oil and gas industry safety performance in Australia compares well with other industries. Performance of the Australian Oil and Gas Industry, however, as reported by APPEA, lags behind the average performance of the international industry, as reported by the International Association of Oil and Gas Producers (OGP). The improving trend in health and safety performance in Australia over the last ten years is continuing, but progress is slowing. This slow-down suggests that if we continue to work in the same manner as we have done in the past, we will not create the shift in performance required to match or better the international industry average. The current structure of the industry has a number of different operating companies supported by a broad base of contractors. In 2009, contractor exposure hours accounted for 88% of the total hours worked by Woodside. Each operator and contractor has their own approach to health and safety management. The industry backdrop is an increase in activity driven by coal seam gas (CSG) exploitation, a number of LNG megaprojects in development in Western Australia, a significant proportion of senior personnel retiring from the industry, and a significant influx of people new to the industry to support expansion and replace retirees. This will increase demands on existing, already stretched, industry resources and could reduce our ability to develop new approaches and effectively implement them. One of the actions taken to address this at Woodside has been to engage over 100 senior leaders in our company and the CEOs of all of our major contractors to build a commitment to change the basis upon which operator and contractor work together on health and safety issues. This has involved establishing industry sector focus groups for: drilling; exploration and geomatics; onshore project construction; offshore project construction; and, production. Each group is comprised of Woodside and contractor leadership. Given the success of these groups in formulating and driving their own agendas for improvement, and given the strong (and quite pleasing) contractor desire for ownership, Woodside sponsorship will cease at the end of 2010. The approach aims to create sustainable, self governed health and safety focus groups to develop industry solutions to our industry’s health and safety challenges. The groups operate on the premise that excellence in health and safety performance is of mutual benefit and is non-competitive.
29
Gurmu, Argaw Tarekegn, und Ajibade Ayodeji Aibinu. „Survey of management practices enhancing labor productivity in multi-storey building construction projects“. International Journal of Productivity and Performance Management 67, Nr. 4 (09.04.2018): 717–35. http://dx.doi.org/10.1108/ijppm-02-2017-0032.
Der volle Inhalt der QuelleAnnotation:
Purpose The purpose of this paper is to identify and prioritize management practices that have the potential to improve labor productivity in multi-storey building construction projects. Design/methodology/approach The study adopted two-phase mixed-methods research design and 58 project managers, contract administrators and project coordinators were involved in the survey. During Phase I, qualitative data were collected from 19 experts using interviews and the management practices that could enhance labor productivity in multi-storey building construction projects were identified. In Phase II, quantitative data were collected from 39 contractors involved in the delivery of multi-storey building projects by using questionnaires. The data were analyzed to prioritize the practices identified in Phase I. Findings Well-defined scope of work, safety and health policy, safety and health plan, hazard analysis, long-lead materials identification, safe work method statement, and toolbox safety meetings are the top seven practices that have the potential to improve labor productivity in multi-storey building projects. Originality/value The research identifies the management practices that can be implemented to enhance labor productivity in multi-storey building construction projects in the context of Australia. Being the first study in the Australian context, the findings can be used as benchmark for international comparison.
30
Loosemore, M., und S. Reid. „The social procurement practices of tier-one construction contractors in Australia“. Construction Management and Economics 37, Nr. 4 (17.11.2018): 183–200. http://dx.doi.org/10.1080/01446193.2018.1505048.
Der volle Inhalt der Quelle
31
Manathunga, Catherine. „The role of universities in nation-building in 1950s Australia and Aotearoa/New Zealand“. History of Education Review 45, Nr. 1 (06.06.2016): 2–15. http://dx.doi.org/10.1108/her-05-2014-0033.
Der volle Inhalt der QuelleAnnotation:
Purpose – The purpose of this paper is to investigate the diverse rendering of the idea of nation and the role of universities in nation-building in the 1950s Murray and Hughes Parry Reports in Australia and Aotearoa/New Zealand. This paper provides trans-Tasman comparisons that reflect the different national and international interests, positioning of science and the humanities and desired academic and student subject positions and power relations. Design/methodology/approach – This paper adopts a Foucauldian genealogical approach that is informed by Wodak’s (2011) historical discourse analysis in order to analyse the reports’ discursive constructions of the national role of universities, the positioning of science and humanities and the development of desired academics and student subjectivities and power relations. Findings – The analysis reveals the different positioning of Australia and Aotearoa/New Zealand in relation to the Empire and the Cold War. It also demonstrates how Australian national interests were represented in these reports as largely economic and defence related, while Aotearoa/New Zealand national interests were about economic, social and cultural nation-building. These differences were also matched by diverse weightings attached to university science and the humanities education. There is also a hailing of traditional, enlightenment-inspired discourses about desired academic and student subjectivities and power relations in Australia that contrasts with the emergence of early traces of more contemporary discourses about equity and diversity in universities in Aotearoa/New Zealand. Originality/value – The paper demonstrates the value of transnational analysis in contributing to historiography about university education. The Foucauldian discourse analysis approach extends existing Australian historiography about universities during this period and represents a key contribution to Aotearoa/New Zealand historiography that has explored academic and student subjectivities to a lesser extent.
32
Wong, Peter S. P., Adam Owczarek, Matthew Murison, Zennan Kefalianos und Joseph Spinozzi. „Driving construction contractors to adopt carbon reduction strategies – an Australian approach“. Journal of Environmental Planning and Management 57, Nr. 10 (17.07.2013): 1465–83. http://dx.doi.org/10.1080/09640568.2013.811402.
Der volle Inhalt der Quelle
33
PROVERBS, D. G., und O. O. FANIRAN. „International construction performance comparisons: a study of ‘European’ and Australian contractors“. Engineering, Construction and Architectural Management 8, Nr. 4 (April 2001): 284–91. http://dx.doi.org/10.1108/eb021189.
Der volle Inhalt der Quelle
34
Proverbs, D. G., und O. O. Faniran. „International construction performance comparisons: a study of 'European' and Australian contractors“. Engineering Construction and Architectural Management 8, Nr. 4 (August 2001): 284–91. http://dx.doi.org/10.1046/j.1365-232x.2001.00209.x.
Der volle Inhalt der Quelle
35
Pettit, Desmond. „Effect of the New Australian Consumer Law on the Use of Standard-Form Contracts within the Australian Construction Industry“. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 4, Nr. 1 (Februar 2012): 1–9. http://dx.doi.org/10.1061/(asce)la.1943-4170.0000075.
Der volle Inhalt der Quelle
36
Oo, Bee-Lan, Derek Drew und Hing-Po Lo. „Comparing Contractors' Decision to Bid in Different Market Environments“. Construction Economics and Building 8, Nr. 1 (23.11.2012): 1–10. http://dx.doi.org/10.5130/ajceb.v8i1.2993.
Der volle Inhalt der QuelleAnnotation:
The competitive situations within the Australia,Hong Kong and Singapore constructionmarket environments are compared byobserving the contractors’ decision to bidbehaviour according to two extreme marketconditions (i.e. booming and recession) anddifferent number of bidders scenarios (rangingfrom 4 to 30). Data were collected via adesigned experiment so as to make directcomparisons possible. This study providesevidence that contractors’ decision to bidbehaviour varies in different marketenvironments. Inline with decreasingprobability of winning, the ‘bid’ responses ofthe three groups of contractors decrease asthe number of bidders increases. However, allAustralian respondents declined to bid whenthe number of bidders exceeded 10, even inrecession. This is in stark contrast to HongKong and Singapore where about 30% ofrespondents were willing to bid in competitionscontaining 30 bidders, even in boom periods.In addition, the ‘bid’ responses of Australiawere higher in booming than in recessiontimes when the number of bidders, N ≤ 4. TheHong Kong construction market environmentwas found to be the most competitive withconsiderably higher proportions of ‘bid’responses; this was followed by the Singaporeand Australia, respectively.
37
Rimmer, Peter J. „Japanese construction contractors and the Australian states: another round of interstate rivalry“. International Journal of Urban and Regional Research 12, Nr. 3 (September 1988): 404–24. http://dx.doi.org/10.1111/j.1468-2427.1988.tb00087.x.
Der volle Inhalt der Quelle
38
Bull, Lawrence. „Frontline Interview: Whistleblowers inside the Australian building racket“. Pacific Journalism Review 20, Nr. 2 (31.12.2014): 162. http://dx.doi.org/10.24135/pjr.v20i2.171.
Der volle Inhalt der QuelleAnnotation:
Multiple Walkley Award winners Nick McKenzie and Richard Baker from Fairfax’s Melbourne newspaper, The Age, have rocked venerable Australian institutions to their foundations with their investigative reporting. Previous investigations have exposed drug smuggling within Australian Customs, bribery on behalf of the Reserve Bank and organised criminals’ manipulation of horse racing. The duo started this year with an investigation deemed worthy of a Royal Commission. Their reports across the Fairfax network and on the ABC’s 7.30 programme featured interviews with whistleblowers risking their lives to go on the record to publicise the relationship between Construction Forestry Mining and Energy Union (CFMEU) and organised crime. The stories also exposed registered businesses owned by major organised crime figures winning lucrative construction contracts from the Victorian state government, and dealings within the New South Wales government’s Barangaroo development. Freelance reporter and University of Technology, Sydney, Journalism Masters student Lawrence Bull spoke with Nick McKenzie and Richard Baker about their latest project in two careers full of influential investigations, ‘Inside the Building Racket’.Frontline editor: Professor Wendy Bacon
39
Halberda, Jan. „The principle of good faith and fair dealing in English contract law“. Pravovedenie 64, Nr. 3 (2020): 312–25. http://dx.doi.org/10.21638/spbu25.2020.301.
Der volle Inhalt der QuelleAnnotation:
Given that continental civil law scholarship applies the concept of good faith in either a subjective (honesty in fact) or objective sense (good faith and fair dealing), the present article focuses on the latter one. The traditional view in England and Wales discards the recognition of a general principle of good faith and fair dealing in English law. English courts have adopted a piecemeal solutions approach (as shown by the judicial decisions issued in Interfoto Picture Library (1987) and Walford v. Miles (1992)). Meanwhile, the principle in question, along with the concept of the freedom of contract, is one of the most important principles of the continental civil law tradition (cf. art. 1104 of the French Civil Code, § 157, § 242 of the German Bürgerliches Gesetzbuch, art. 2 (1) of the Swiss Zivilgesetzbuch, art. 6:2 Burgerlijk Wetboek, art. 5 of the Polish Civil Code, art. 2 (1) Common European Sales Law, art. 1:201 Principles of European Contract Law, art. III1:103 Draft Common Frame of Reference). The current work analyzes recent English case law (in particular Yam Seng (2013)), which seems to acknowledge the principle of good faith and fair dealing while rejecting the traditional view mentioned above. The comparative approach — references to American, and Commonwealth law, as well as to that of particular European states — is taken into account. The author claims that hostility to the concept of good faith in an objective sense in English law is superficial. One may expect that in the near future courts in England and Wales will follow the path taken by courts in the United States (§ 205 of the Restatement (Second) of Contracts (1981)), Australia (Renard Constructions (1992)) and Canada (Bhasin v. Hrynew (2014)), and they will finally recognize good faith as an underlying principle.
40
Rostami, Ali, und Chike F. Oduoza. „Key risks in construction projects in Italy: contractors’ perspective“. Engineering, Construction and Architectural Management 24, Nr. 3 (15.05.2017): 451–62. http://dx.doi.org/10.1108/ecam-09-2015-0142.
Der volle Inhalt der QuelleAnnotation:
Purpose Risks play an important role in the success of construction projects. Failure in identification and assessment of risks can lead to inadequacy in the process of managing risks, which in turn can critically affect the projects’ resources. A formal risk management is rarely practised in construction projects due to the lack of contractors’ awareness of key risks. The purpose of this paper is to focus on the investigation of risk factors in construction projects in Italy from contractors’ perspective. Design/methodology/approach Semi-structured interviews were conducted to collect data, based on which a total of ten key risks were ascertained. The identified risks were compared with the findings of the surveys conducted in the Australian and Chinese construction industry to address the unique risks associated with construction projects in Italy. Findings The key risks included delays in payments, client variations, design variations, inaccurate cost estimates, and tight project schedules. The comparison between those three countries specified the delays in payments and project funding problems as the most critical factors that are related to cultural influences and behaviour of clients. The findings assist contractors in the risk identification process, and can be applied to the development of a risk management framework for construction projects. Research limitations/implications The findings of this study cannot be generalised statistically for the whole of Italy as it was constrained geographically, with respondents drawn only from a self-selection sample of construction projects in the Veneto region of Northern Italy. The findings represent a snapshot of the key potential internal and external risks from the perspective of contractors. Originality/value The results of the study specified the key risks of construction projects from the perspective of contractors which can contribute to risk management for construction projects.
41
Robinson, Marc. „Job Insecurity in the New Model of Public Employment“. Economic and Labour Relations Review 7, Nr. 2 (Dezember 1996): 262–84. http://dx.doi.org/10.1177/103530469600700207.
Der volle Inhalt der QuelleAnnotation:
Since the late eighties, a new model of public sector employment has swept a number of the States in Australia, initially at the senior executive level and now increasingly at non-executive level. This model of ‘contract’ employment is one in which employees may be terminated at short notice, for no reason, and with very limited termination compensation. This paper analyses the consequences of this new model and, specifically, of dramatically increased exposure to the risk of arbitrary termination or termination flowing from the impact of an ‘exogenous’ financial or policy shock upon Government. It also reflects on the prospects for the construction of a new ‘implicit contract’ which might mitigate the adverse consequences of the new model by facilitating the re-establishment of trust in the public sector employment relationship.
42
Rubinskiy, Yuri, und Sergey Fedorov. „The «submarine crisis» and its possible consequences“. Analytical papers of the Institute of Europe RAS, Nr. 4 (2021): 5–11. http://dx.doi.org/10.15211/analytics42920210511.
Der volle Inhalt der QuelleAnnotation:
The creation of a new military and political bloc AUKUS along with breaching «the contract of the century» for construction of 12 submarines by French Naval Group for Australia provoked a serious diplomatic crisis between France and the United States. The hot phase of the crisis was subdued by a telephone conversation between J. Biden and E. Macron, nevertheless, there are reasons to believe it will not disappear without a trace. The authors analyze possible consequences of the «submarine crisis»: its impact on transatlantic and Franco-American relations, European and Indo-Pacific strategies of Paris.
43
Murray, J. H., und A. K. Miller. „LONG-TERM CONSTRUCTION CONTRACTS—SOME ISSUES IN RELATION TO THE TAXATION OF FINANCIAL ARRANGEMENTS RULES“. APPEA Journal 46, Nr. 1 (2006): 561. http://dx.doi.org/10.1071/aj05036.
Der volle Inhalt der QuelleAnnotation:
The Gorgon gas development project has an estimated cost of A$11 billion, the Bayu-Undan gas project has an estimated cost of A$4.2 billion and the Otway Basin gas project has an estimated cost of A$1.1 billion. The specialised equipment, technology and labour required for these costly oil and oas infrastructure projects must usually be sourced internationally and as such their costs are typically denominated in United States (US) dollars. Due to the value and long term nature of these projects, associated foreign exchange gains and losses are often significant.From an Australian income tax perspective, the treatment of foreign exchange gains and losses has been particularly uncertain and inconsistent for many years. As a result, taxation legislation in this area has recently undergone significant change. The new Taxation of Financial Arrangements legislation introduced in December 2003, has raised some complex and practically challenging concepts in relation to foreign exchange gains and losses on long term construction contracts. This paper will address two such concepts, namely forex realisation event 4 and the short-term foreign exchange rules. In particular, it will consider some of the potential compliance risk areas and how they can be managed when applying these concepts to long term construction contracts.
44
Buchanan, John, und Cameron Allan. „The Growth of Contractors in the Construction Industry: Implications for Tax Revenue“. Economic and Labour Relations Review 11, Nr. 1 (Juni 2000): 46–75. http://dx.doi.org/10.1177/103530460001100103.
Der volle Inhalt der QuelleAnnotation:
This paper is a preliminary investigation of the impact of the changing legal structures of employment on the tax system and the tax system on the structure of jobs. This issue is explored with special reference to the growth of contractor employment in the Australian construction industry. The paper shows how tax liabilities for individuals can be halved where they are deemed to be contractors. The paper estimates that in the mid 1990s this resulted in the average construction contractor paying around $6,000 a year less than equivalent PAYE workers. Losses to tax revenue could, therefore, be up $2.2 billion annually. The paper concludes that more research is required into the nexus between tax and employment structures. This dynamic has major implications for the future of work as well as the taxation system.
45
Peters, Pam. „The Survival of the Subjunctive“. English World-Wide 19, Nr. 1 (01.01.1998): 87–103. http://dx.doi.org/10.1075/eww.19.1.06pet.
Der volle Inhalt der QuelleAnnotation:
The status of the subjunctive is examined in this Australian study of its manifestations in subordinate clauses: in mandative constructions as well as those expressing purpose, condition, concession and the counterfactual. Data from the Australian ACE corpus (1986) is compared with (a) those from the American Brown corpus and the British LOB corpus (both 1961); and with (b) findings from an Australian elicitation survey of 1993. Both the diachronic corpus comparisons and the sociolinguistic profiles associated with the survey indicate declining use of the subjunctive in adverbial clauses, most notably the counterfactual type, but also those expressing purpose, concession and ordinary conditions. However the use of mandative subjunctives is stable, written into a range of corpus materials (fiction and non-fiction), and endorsed by Australians across the age range. The resilience of the mandative subjunctive in Australian (and American) usage contrasts with the prevailing view of British usage commentators, that the subjunctive, if not obsolescent, should not be preserved.
46
Hesterman, Sandra. „The Digital Handshake: A Group Contract for Authentic eLearning in Higher Education“. Journal of University Teaching and Learning Practice 13, Nr. 3 (01.07.2016): 85–109. http://dx.doi.org/10.53761/1.13.3.6.
Der volle Inhalt der QuelleAnnotation:
An emerging challenge for the Australian higher education sector is the delivery of authentic eLearning to support the collaborative construction of knowledge through the provision of real-life tasks in an online environment. This paper describes research conducted in a fourth-year university course where students from across the nation were required to work in small groups to complete an online assignment task: to design a provocation that could be integrated into an early childhood learning environment to promote multiliteracies learning. A qualitative design-based study of two cohorts of students found that online group work facilitates authentic connections between educational theory and practice, and that the introduction of a ‘digital handshake’ group contract can support these processes.
47
Kuiper, Ilsa, und Dominik Holzer. „Rethinking the contractual context for Building Information Modelling (BIM) in the Australian built environment industry“. Construction Economics and Building 13, Nr. 4 (09.12.2013): 1–17. http://dx.doi.org/10.5130/ajceb.v13i4.3630.
Der volle Inhalt der QuelleAnnotation:
Building Information Modelling (BIM) can be defined as a process of generating and managing information of a building or infrastructure during its life cycle. Whilst the 3D visualisation or dimensional functions of BIM are not necessarily new, it is the usage and integration of this information related to project delivery, management and performance analysis that are challenging current construction industry practices. Industry has called for the development of more collaborative and integrated contractual arrangements to facilitate the use of BIM. Such recommendations appeal to the ideal use of BIM, but also provide a potential opportunity to seek improvement within the construction industry. This paper proposes a procurement approach to BIM to establish the applicable contractual context to address the potential legal risks and commercial considerations, relative to current practices in Australia. It als ooutlines why BIM, with other enabling technologies, will drive the evolution of contract delivery methodologies.
48
Rahmani, Farshid, Malik Khalfan und Tayyab Maqsood. „A Conceptual Model for Selecting Early Contractor Involvement (ECI) for a Project“. Buildings 12, Nr. 6 (08.06.2022): 786. http://dx.doi.org/10.3390/buildings12060786.
Der volle Inhalt der QuelleAnnotation:
Amongst different aspects of a capital construction project, procurement is found to be the most important area and represents over 80% of the contract value. The selection of an appropriate procurement strategy is an important contributor to overall project success. Within several procurement methods, Early Contractor Involvement (ECI), a relatively new strategy to procure a construction project, is becoming more popular for infrastructure projects across Australia. However, it appears that ECI has been adopted as a preferred procurement option with little research or piloting, and decisions to select ECI for a project have been mostly judgmental, and subject to biases of the decision-makers. This paper focuses on this important issue and proposes a conceptual model for selecting ECI for a construction project. Grounded Theory research methodology is employed for this study that facilitates the generation of categories and contextualises theory. Validation of the theory was ensured by carefully practicing the theoretical coding procedures through ‘open coding’, ‘axial coding’, and ‘selective coding’. The data is collected through individual interviews with experts within client organisations who held senior management level roles in their organisations and were involved in the selection process of ECI and could provide input into their experience in that area. The proposed selection model integrates the procurement selection criteria specifically related to the project characteristics, client’s objectives, and internal and external project environments with alternative selection approaches and practices. This paper also discusses the notion of social, process, and output control by using ECI.
49
O’Sullivan, Dominic. „Reconciliation as Public Theology: Christian Thought in Comparative Indigenous Politics“. International Journal of Public Theology 8, Nr. 1 (04.02.2014): 5–24. http://dx.doi.org/10.1163/15697320-12341327.
Der volle Inhalt der QuelleAnnotation:
AbstractChristian public theology extends reconciliation beyond its principal sacramental concern for relationships between God and penitent to the construction of ‘socially just’ public relationships for the settlement of intra-national conflict. In theological terms, reconciliation brings public relationships into what Hally calls ‘the Christ narrative of passion, death and resurrection’ in which the perpetrators of injustice repent and seek forgiveness. This article introduces the conflicts that these discourses aim to resolve in Australia, Fiji and New Zealand and explains and contrasts reconciliation’s relative importance in each of these jurisdictions. Moreover, the article’s cross-jurisdictional comparison shows reconciliation’s limits and possibilities as public theology, and argues that in Australia and New Zealand it has helped to create political environments willing to admit indigenous perspectives on a range of policy issues. On the contrary, however, the article also shows that the Fijian churches have distorted the concept of reconciliation to support political imperatives that are difficult to rationalize theologically, even though they are presented by the churches as being concerned with religious goals.
50
Podobіеd, Olena. „The first steps of new Australians from Ukraine to Terra Australis (late 1940 – first half of the 1950s)“. Universum Historiae et Archeologiae 3, Nr. 1 (04.12.2020): 151. http://dx.doi.org/10.15421/26200113.
Der volle Inhalt der QuelleAnnotation:
The purpose of the article is to analyze the social and professional adaptation of new Australians from Ukraine in the late 1940 – first half of the 1950s. Research methods: analysis and synthesis, induction and deduction, methods of bibliographic and archival heuristics, problem-chronological, comparative-historical. Main results. The social adaptation of new Australians from Ukraine in the late 1940 – first half of the 1950s was not easy. They faced the following problems: tropical continental dry climate; dispersal of immigrants throughout Australia; the absence of the old Ukrainian emigrants, and accordingly – organized Ukrainian life; they had to rely only on their own forces; for the older generation, the language barrier was especially tangible; national cuisine of Australians, in which an important place was occupied by lamb dishes. At the same time, adequate wages and low prices for essential goods allowed migrants to improve their financial situation and even build their own housing after poor years in Europe. Professional adaptation was not easy either. It seemed especially difficult for people with higher education. They had to work mainly in construction and in the service sector. After the end of the two-year contract, not everyone was able to find a job in their specialty. It is not surprising that some of the new Australians, primarily those with higher education, after some time moved from Australia to the United States and Canada. Australian government policies aimed at quick assimilation of new Australians from Ukraine failed. Practical significance. It is recommended for use in training courses and generalizing works on the history of Ukraine. Originality. Features of social and professional adaptation of new Australians from Ukraine in the post-war years are characterized. Scientific novelty. The social and professional adaptation of new Australians from Ukraine in the late of 1940 – the first half of the 1950s is characterized for the first time. Type of article: descriptive.