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Journal articles on the topic "Construction industry – law and legislation – australia"
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McCrystal, Shae, and Belinda Smith. "Industrial Legislation in 2010." Journal of Industrial Relations 53, no. 3 (June 2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.
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Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in some states threaten to derail the process. An attempt to repeal most of the industry-specific regulation of the building and construction industry failed. The Federal Parliament passed legislation establishing a national paid parental leave scheme, and a number of changes to federal discrimination laws came into effect or were proposed, including the potential consolidation of federal discrimination legislation. This article provides an overview of these developments at federal level and concludes with a discussion of developments in the states including a brief overview of Victoria’s new equal opportunity legislation.
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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.
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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.
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Skaik, Samer. "Operational problems and solutions of statutory complex adjudication: stakeholders’ perspectives." International Journal of Law in the Built Environment 9, no. 2 (July 10, 2017): 162–75. http://dx.doi.org/10.1108/ijlbe-03-2017-0009.
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Purpose Statutory adjudication was introduced into the security of payment (SOP) legislation as a fast-track payment dispute resolution process with an express object to facilitate cash flow within the construction contractual chain. After more than a decade of the operation of the regime in Australia and Singapore, it becomes apparent that there are many operational problems that jeopardise the intended object of the legislation, particularly in adjudicating complex payment disputes. The aim of this paper is to explore views of the industry stakeholders regarding some operational problems of statutory adjudication of as well as possible solutions. Design/methodology/approach “Expert interviews” method is adopted to collect the empirical data, involving interviews with 23 practitioners from Australia and Singapore. Findings The study identified many operational problems jeopardising the attainment of the object of the SOP legislation such as bias of authorised nominating authorities, short adjudication timeframes, inadequate regulations of adjudicators, jurisdictional challenges, involvement of courts and lawyers and complex drafting of the legislation. The study also analysed the views of industry experts with regard to the opportunities for improvement in the operation of the SOP legislation such as following the Queensland model as amended, and introducing a legislative review mechanism and establishing a peer review process. It also suggested specific amendments to make the legislation a more user-friendly. Practical implications The implication of this study is a better understanding of the most critical problems inherent in statutory adjudication that need serious consideration by the legislatures and policymakers. In addition, the study also provides some practical measures as suggested by the industry practitioners for each identified problem which may stand as a reliable reference for potential reform in the SOP laws. Originality/value There is inadequate empirical research conducted to investigate problems in the operation of statutory adjudication. The study provides original empirical findings which become much necessary nowadays in light of the dynamic moves towards law reform in SOP laws, particularly in Australia. The study provides some practical measures as suggested by the industry practitioners for each identified problem which may stand as a reliable reference for potential reform in the SOP laws.
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Windapo, Abimbola Olukemi, and Jack Steven Goulding. "Understanding the gap between green building practice and legislation requirements in South Africa." Smart and Sustainable Built Environment 4, no. 1 (May 18, 2015): 67–96. http://dx.doi.org/10.1108/sasbe-01-2014-0002.
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Purpose – The purpose of this paper is to examine green building legislation requirements and practices in the construction project execution stage within the context of the South African construction industry. The rationale for this examination rests with the perception that the implementation of green practices (per se) has been recognised as being “behind” the legislation enacted to control the design and construction of green buildings. Design/methodology/approach – The research process consisted of a literature review to identify existing green building legislation and practices applicable to the project execution phase. This was supported by a sequential mixed-method research approach, which involved a survey of contracting companies based in the Western Cape Province of South Africa. Purposive sampling was used to undertake focused interviews with management staff and site operatives. Findings – Research findings established a number of issues, not least: a gap between green building practices and legislation requirements; a high degree of unawareness of green building legislation/practices by construction company stakeholders; selective implementation of health and safety legislative requirements; that management staff had a more “positive” attitude to green building practices than site-based staff who tended to be less motivated and open to such practices. Research limitations/implications – Results from this study are considered generalisable with the sample frame only. Research inference and projections should therefore only be made within this set, and not to the wider population of South African contractors (as this study was limited to the Western Cape Province). Practical implications – Implications from this research are applicable to construction company stakeholders within the population set. Practical considerations include the need to acknowledge a formal commitment to developing a sustainable built environment – especially cognisant of the gap between practices on site and green building legislation requirements. Moreover, this lack of awareness in respect of green building practices and legislation requirements impinges upon several wider areas, not least: construction company stakeholders’ positioning, health and safety practices; managerial and operational staff perceptions, and stakeholders’ willingness and motivation to proactively address these gaps. Social implications – Government bodies and allied professionals in charge of construction industry development are encouraged to consider the implementation of green building legislation requirements on construction sites. This reflection should encourage engagement through formative legislative provision and transparent awareness campaigns. Originality/value – This work is original insofar as it directly addresses the alignment of legislation to current practices within the context of the South African construction industry. However, similar exercises have been undertaken on green building legislation in other countries such as USA, UK and Australia.
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Curmi, Lachlan, Kumudu Kaushalya Weththasinghe, and Muhammad Atiq Ur Rehman Tariq. "Global Policy Review on Embodied Flows: Recommendations for Australian Construction Sector." Sustainability 14, no. 21 (November 7, 2022): 14628. http://dx.doi.org/10.3390/su142114628.
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There has been a call for the construction industry to become more energy efficient in its planning and activities, to reduce greenhouse gas emissions to help combat climate change. The Australian Building Codes Board has implemented ‘Energy Efficiency’ standards through the National Construction Codes to direct the industry towards net zero emissions goals. However, the Board has maintained a focus on operational flows considerations despite this only being a part of the total expenditure in a building lifecycle. Embodied flows, the energy output, and emissions from harvesting, manufacturing, transporting, and manufacturing materials for a building have not been included as a part of the current standards despite their growing share in the outputs of construction. A qualitative document analysis using data from academic articles and industry publications was performed to identify the context in embodied policy development. Findings reveal an abundance of different legislations and initiatives globally, recommending techniques that may effectively achieve embodied flow reductions. The results highlighted that Australia needs to capitalize on the potential reductions in overall energy and emissions from construction. Other regions have provided a strategic and legislative basis for the industry to emulate.
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Coggins, Jeremy, Robert Fenwick Elliott, and Matthew Bell. "Towards Harmonisation of Construction Industry Payment Legislation: A Consideration of the Success Afforded by the East and West Coast Models in Australia." Construction Economics and Building 10, no. 3 (October 28, 2010): 14–35. http://dx.doi.org/10.5130/ajceb.v10i3.1804.
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This article considers the success of the two distinct construction industry payment legislative models operating in Australia – “East Coast” and “West Coast” – in achieving their objective of improving cash flow throughout the construction industry. Success parameters are identified by the authors – namely: the levels of justice afforded by the legislation, the administrative and legal burden generated by the legislation, and the impact of the legislation on the relationships between the contracting parties – which are used as a basis to discuss and compare the performances of the East and West Coast models. It is concluded that the West Coast model provides a more just dispute resolution process, generates less administrative and legal burden, and is more conducive towards establishing positive relationships between contracting parties. However, it is recognised that there is a need for more data to be gathered from construction industry stakeholders before any firm recommendations can start to be made as to the most appropriate conceptual framework and detail for a harmonised approach.
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Bevzenko, Volodymyr, and Yurii Tsvirkun. "THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION: EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.
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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
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Hayward, Peter, and Rick Robinson. "Applying offshore safety case principles to onshore construction." APPEA Journal 54, no. 2 (2014): 552. http://dx.doi.org/10.1071/aj13125.
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The Australian resources industry’s safety statistics lag behind other parts of the world, although a step change is underway as contractors look to deliver the outstanding performance clients and the broader public expect. Clough is embedding a TQM, or top-to-bottom risk management strategy, through all levels of the organisation. This starts with identifying the legislative requirements, assessing the inherent hazards of specific scopes of work, and establishing the minimum controls to support safe and reliable behaviour in the field. These hazard assessments are then cascaded down through each project team, which applies them to the various stages of the project lifecycle. This results in a holistic approach to safety and ultimately ensures the critical risks and controls are understood and followed at the worksite. This extended abstract shares Clough’s experience in developing its TQM system and it looks at how the Australian resources industry can adopt a common approach to safety risk management so it becomes a tangible part of daily business. Successful implementation requires strong cultural discipline, clear values, and alignment between clients and contractors. In Clough’s experience, success relies on training and development coupled with accountability and empowerment of staff and contractors. This promotes ongoing engagement in the process and a commitment to safety learning in everything they do.
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BAILEY, MATTHEW. "Shopping for entertainment: malls and multiplexes in Sydney, Australia." Urban History 42, no. 2 (November 11, 2014): 309–29. http://dx.doi.org/10.1017/s0963926814000583.
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ABSTRACTThis article examines multiplex cinema development and its close association with shopping centre expansion programmes in Australia. The article argues that while multiplex cinema construction in Australia echoed international developments, it also resulted from coalescing interests between local retail developers and film exhibitors, was guided by planning legislation and shaped by escalating institutional investment in the retail industry. Data mapping the emergence, growth and consolidation of multiplexes in Sydney, Australia's largest city, is used to illustrate this development, contributing to urban histories of the city and understandings of the ways in which its contours have been reshaped by consumer capitalism.
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Murodjonova, Mokhirakhon, and Dilfuza Imamova. "THE CONCEPT OF AN INTERNATIONAL CONSTRUCTION CONTRACT." Review of Law Sciences 7, no. 2 (June 26, 2023): 61–69. http://dx.doi.org/10.51788/tsul.rols.2023.7.2./vjgm1988.
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The article explores the concept of an international construction contract. The relevance of this topic is due to the increase in the number of international construction contracts concluded and the growth of disputes in courts, which creates the need to qualify contracts with a foreign element. Despite the rapid pace of urbanization and the development of construction, in particular international construction, the concept of an international construction contract has not yet been formulated either in the convention order or in the legislation of countries. In the doctrine of private international law, the opinions of scientists differ in the formation of this concept. However, against the backdrop of the development of international construction, it is worth formulating the concept of an international construction contract, both in the doctrine and in the legislation of the country, for the further development of this industry. The information in the article is based on the opinions of domestic and foreign scientists, as well as the legislation of various countries. The formation of the concept of an international construction contract opens the way not only for the development of the scientific component of construction law but also creates fertile ground for the proper resolution of disputes arising from international construction contracts and the improvement of construction law.
Dissertations / Theses on the topic "Construction industry – law and legislation – australia"
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Weddikkara, Chitra. "The impact of professional culture on dispute resolution in the building industries of Australia and Sri-Lanka." Thesis, Weddikkara, Chitra (2003) The impact of professional culture on dispute resolution in the building industries of Australia and Sri-Lanka. PhD thesis, Murdoch University, 2003. https://researchrepository.murdoch.edu.au/id/eprint/395/.
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The construction industry poses a number of challenges to those working in it. One important challenge is that the industry is dependent upon human interactions in the management of building projects. In this environment it is important for those who manage the projects to deal with intricate relationships and to consider the emotions, interactions and various types of reasoning that lie behind the actions and decisions taken by the participants in the construction process.
The issue for researchers is to gain a better understanding of the variables that affect the actions of the participants in this process. Such research demands sensitivity to the values, attitudes and behavior developed by the different occupational groupings. These factors according to Edgar Schein define the culture of a professional group. This research was conceived on the belief that the professionals in the construction industry brought to bear their own professional culture on the industry. It was necessary to have a better understanding of this culture in order to be able to resolve disputes that occur in the construction process.
That is the impact of culturally deternlined values, attitudes and behavior of these professional groups. Therefore, this research is aimed at investigating the professional cultures of the participants who come together in a construction project. The question posed was whether they shared a culture or had differences, and if differences existed whetherthese differences had an effect on the reactions of each of the groups to disputes and their resolution.
A survey was carried out among professional groups in Australia and Sri-Lanka and the survey data from both countries were analyzed using statistical tests. The results show that professional groups share similarities in professional culture as well as differences. It also showed that these cultural differences created an adversarial atmosphere among construction project participants. It was also found that introducing a party outside of the usual professional groups would be beneficial in the resolution process. Respondents were of the opinion that the third party outside of the construction team could be a lawyer.
This type of research is still new within the field of construction. The contributions of this work are to link professional culture and conflict and give some indication how such conflict could be addressed. In this context by identifying the values attitudes and behavior of professional groups the subject of conflict and disputes could be beneficially addressed through professional education.
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Weddikkara, Chitra. "The impact of professional culture on dispute resolution in the building industries of Australia and Sri-Lanka." Weddikkara, Chitra (2003) The impact of professional culture on dispute resolution in the building industries of Australia and Sri-Lanka. PhD thesis, Murdoch University, 2003. http://researchrepository.murdoch.edu.au/395/.
Full textAbstract:
The construction industry poses a number of challenges to those working in it. One important challenge is that the industry is dependent upon human interactions in the management of building projects. In this environment it is important for those who manage the projects to deal with intricate relationships and to consider the emotions, interactions and various types of reasoning that lie behind the actions and decisions taken by the participants in the construction process.
The issue for researchers is to gain a better understanding of the variables that affect the actions of the participants in this process. Such research demands sensitivity to the values, attitudes and behavior developed by the different occupational groupings. These factors according to Edgar Schein define the culture of a professional group. This research was conceived on the belief that the professionals in the construction industry brought to bear their own professional culture on the industry. It was necessary to have a better understanding of this culture in order to be able to resolve disputes that occur in the construction process.
That is the impact of culturally deternlined values, attitudes and behavior of these professional groups. Therefore, this research is aimed at investigating the professional cultures of the participants who come together in a construction project. The question posed was whether they shared a culture or had differences, and if differences existed whetherthese differences had an effect on the reactions of each of the groups to disputes and their resolution.
A survey was carried out among professional groups in Australia and Sri-Lanka and the survey data from both countries were analyzed using statistical tests. The results show that professional groups share similarities in professional culture as well as differences. It also showed that these cultural differences created an adversarial atmosphere among construction project participants. It was also found that introducing a party outside of the usual professional groups would be beneficial in the resolution process. Respondents were of the opinion that the third party outside of the construction team could be a lawyer.
This type of research is still new within the field of construction. The contributions of this work are to link professional culture and conflict and give some indication how such conflict could be addressed. In this context by identifying the values attitudes and behavior of professional groups the subject of conflict and disputes could be beneficially addressed through professional education.
3
Saad, Awad Saad Abdulla. "Operational framework to settle contractual claims in construction projects." Thesis, Cape Peninsula University of Technology, 2017. http://hdl.handle.net/20.500.11838/2521.
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Thesis (MTech (Construction Management))--Cape Peninsula University of Technology, 2017.Delays are frequent and recurring in construction projects, mostly in developing countries. Several factors pertaining to modes of operation in the local construction industry contribute to construction delays. Contractual claims are integral and an important feature of construction project's life. Often times, delay-related contractual claims in construction projects is a controversial issue that often leads to disputes and conflicts between contractual parties due to its ambiguity and complexity. Literature have shown over the last decade a range of problems that have consistently resulted in construction delay and significant costs to all contractual parties due to contractual claims in almost all types of construction projects. Therefore, to achieve more time efficiency on construction projects, comprehensive studies on common problems resulting in routine delays due to contractual claims is essential. Such studies need to pinpoint the most relevant causes of delay that have to be monitored carefully in order to avoid the construction delays. Thus, this study adopted a quantitative research method. Closed ended and open ended questions were designed in the quantitative instrument for the quantitative survey. Descriptive and Principal Component Analysis was employed for data analysis to develop an operational framework for evaluating delay related claims in the South African construction industry. Findings from the analysis of data revealed several factors through which, when appropriately evaluated will reduce the incidence of contractual claim to minimum if not completely eliminated in construction project. The study has found that delay-related claims are increasingly emerging and have become the most common and costly problem in construction projects which not only deny the client timely access to the completed facility but disrupt the overall performance of the building project. This study also concludes that the contractual claims that often lead to dispute during execution of building projects are; Change order claim, Variation order claim, Cost and expense claims and Dayworks claim. Therefore, evaluation of these claims must be given careful assessment during the construction phase of a building project to forestall its attendant consequence on project performance. Inconsistencies in the operational dealings with contractual claims in the South African construction industry showed that; release of payment emanating from claims, quality of management and design coordination, nonavailability of specified materials and change in micro economic policy are the most significant in evaluation factors which must be considered in evaluation of accurate and undisputed contractual claims. This study also affirmed that the three principal components that lead to claim and dispute when combined explained 49% of the total variance. Also, it was concluded that arbitration is most appropriate for dispute due to; shortage of materials, claims in fluctuation of the materials price, physical environmental consideration, and conflict of interest among the project team. Litigation is most appropriate to resolve dispute due to access to the construction site. While mediation is most suitable for dispute due to; inability of the client to understand design, the choice of the procurement process, delay in release of payment emanating from claims, lack of prompt delivery of materials by the suppliers, interference with utility lines and extreme weather condition. Lastly, Negotiation is most suitable for dispute arisen from constructability of the design and non-availability of specified materials.
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Pun, I. Chung. "Feasibility study of contractor registration system and contractor grading system in Macau." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2586271.
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Wong, Hung-choi, and 黃雄才. "The effectiveness & efficiency of legislative control on the management of private sector property in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31968314.
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Wong, Chor-kuen, and 王楚權. "A review of policy tools for noise control in Hong Kong: the case of construction industry." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2005. http://hub.hku.hk/bib/B45012696.
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Lam, So-wai, and 林素慧. "The feasibility in the use of statute-based adjudication for dispute resolution in the construction industry in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2007. http://hub.hku.hk/bib/B45164770.
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Williams, Gerald Herman Jr. "An Evaluation of Public Construction Contracting Methods for the Public Building Sector in Oregon using Data Envelopment Analysis." PDXScholar, 2003. https://pdxscholar.library.pdx.edu/open_access_etds/1645.
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Since 1976 public agencies in Oregon have been allowed to select construction contractors using a "qualification" based competition instead of the more typical lowest responsible bid or Design-Bid-Build (DBB) basis. Since 1985, at least 136 such selections, commonly known as CM/GC for Construction Manager/General Contractor, have been made. The results of this policy have not previously been analyzed. This research compares these selection methods, seeking to answer the following questions:
Does the CMl/GC method result in projects that differ from DBB projects regarding cost and schedule control?
Are CMl/GC projects more efficient than DBB projects, where efficiency is defined as the data envelopment analysis (DEA) technical efficiency score?
Does efficiency depend on an interaction between project type and the selection method?
How do project stakeholders evaluate the benefits and drawbacks of the two selection methods?
How do projects compare when the only apparent difference between them is the selection method?
To answer these questions, we identified 407 Oregon public building construction projects and obtained a variety of data, including cost and schedule results, for 215 jobs (111 CMl/GC and 104 DBB). We analyzed the data several ways, including statistical analysis, DEA, and various qualitative methods.
Results:
There was no statistically significant difference between the CMl/GC and DBB projects regarding cost and schedule control.
The DEA technical efficiency scores showed that CMl/GC projects outperformed the DBB projects.
There was no interaction effect between project type and selection method.
Project stakeholders stated that reduction of risk is the principal benefit of using CMl/GC; however, architects and subcontractors are less enthusiastic than owners and general contractors.
Data on two nearly identical projects indicated that the DBB project was less costly than the comparable CMlGC project and also incurred less cost growth; both projects were completed on time.
To summarize, this research fails to find support for the current Oregon law that exempts certain projects from competitive bidding based on the presumption that CMl/GC will lead to substantial cost savings but does indicate that the CMl/GC projects may be better able to accommodate accelerated project schedules.
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Hui, Ken, and 許亦鈞. "Court decisions on building contract disputes: a Coasian empirical analysis." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2008. http://hub.hku.hk/bib/B40988193.
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Decman, John M. "Effects of state deregulation on the quantity and adequacy of school facilities." Virtual Press, 2000. http://liblink.bsu.edu/uhtbin/catkey/1191105.
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The general purpose of this study was to determine whether deregulation in Indiana via Public Law 25-1995 has had an adverse effect on either quantity or adequacy of new school construction. Data for projects approved during the three years preceding deregulation (1992-1994) were compared with data for projects approved during the three years following deregulation (1996-1998).Data for the projects were obtained from state agencies. They included the number of projects approved, the cost of each project, the size of each project, and school district enrollment, and the assessed valuation of each school district in each of the years studied. Major findings included: (a) The annual average number of approved projects prior to deregulation was 14 and the annual average following deregulation was 13. (b) The size of approved elementary level projects did not change following deregulation (it remained at 138 square feet per student). The size of approved middle level projects decreased from 196 square feet per student to 170 square feet per student after deregulation (a 14% decrease), and the size of middle schools became less uniform. The size of approved high school projects decreased from 230 square feet per student to 209 square feet per student after deregulation (a 9% decrease). (c) The average cost per square foot of approved elementary school projects declined from $113 to $109, and the average cost per square foot of approved high school projects declined from $119 to $107 after deregulation. The average cost per square foot of approved middle level projects increased from $105 to $110. (d) School district wealth did not have a significant effect on either the quantity of projects or the size of projects. (e) School district size did not have a significant effect on either the quantity of projects or the size of projects.Recommendations include additional long-term studies to address not only the effects of deregulation on school facilities, but also the effects of deregulation on educational programming.Department of Educational Leadership
Books on the topic "Construction industry – law and legislation – australia"
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Bailey, Ian H. Construction law in Australia. 2nd ed. North Ryde, N.S.W: LBC Information Services, 1998.
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Davenport, Philip. Adjudication in the building industry. 2nd ed. Sydney: Federation Press, 2004.
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Construction law. London: Informa Law, 2011.
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E, Alexander Richard, TenBrook Eric J, Schell Steven R, and Oregon State Bar. Continuing Legal Education., eds. Construction law. 2nd ed. [Lake Oswego, Or.]: Oregon State Bar, Continuing Legal Education, 2004.
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William, Allensworth, ed. Construction law. Chicago: Forum on the Construction Industry, American Bar Association, 2009.
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Willoughby, Bruce N. Nevada construction law. Vienna, Va: HLK Global Communications, 2008.
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United States. Occupational Safety and Health Administration. Construction industry. Washington, D.C: U.S. Dept. of Labor, Occupational Safety and Health Administration, 1989.
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1931-, Cushman Robert Frank, and Blick George L, eds. Construction industry forms. New York: Wiley, 1988.
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1934-, Hunt Gordon, ed. California construction law. Gaithersburg, Md: Aspen Law & Business, 2000.
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Mead, Leon F. Nevada construction law. 2nd ed. [Eagan, MN]: West, 2010.
Find full textBook chapters on the topic "Construction industry – law and legislation – australia"
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Hogarth, Robert. "Employer’s Liability Policies." In Insurance Law For The Construction Industry, 365–81. Oxford University PressOxford, 2008. http://dx.doi.org/10.1093/oso/9780199235513.003.0014.
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Abstract It is compulsory for all employers to maintain employer’s liability insurance. It is this insurance which will usually respond to accidents on site which result in injury to the Insured ‘s employees. All employers are under a duty to ensure the health and safety of their employees and there is in place a raft of health and safety legislation which sets out the guidelines for employers for various tasks. Any breach of the legislation, by the employer or an individual employee, which causes injury to another employee or member of the public could give rise to a claim.
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Hogarth, Robert. "Third Parties (Rights Against Insurers) Act 1930." In Insurance Law For The Construction Industry, 505–14. Oxford University PressOxford, 2008. http://dx.doi.org/10.1093/oso/9780199235513.003.0023.
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Abstract The Third Parties (Rights Against Insurers) Act 1930 is a short piece of legislation, designed to satisfy a simple need: to enable claimants seeking to sue an insolvent defendant to ‘step into the shoes’ of the defendant and receive directly the benefit of their opponent’s liability insurance. In the absence of this Act, the insolvent defendant’s insurance proceeds would be gathered by the liquidator or trustee in bankruptcy for distribution among all the
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Kuibida, Vasyl, Stepan Kuybida, and Valentyna Telychko. "CHAPTER 3.4. MODERNIZATION OF PUBLIC ADMINISTRATION IN THE CONDITIONS OF WAR AND ITS PRIMARY ASSIGNMENTS." In International Partnership and Cooperation of Ukraine in Wartime: Collective monograph / edited by D. Nascimento, G. Starchenko, 272–87. NGO «Research and Educational Innovation Center of Social Transformations», 2022. http://dx.doi.org/10.54929/monograph-02-2022-03-04.
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The chapter considers the current problems of transformation of public administration in the war and post-war periods to ensure the livelihood of citizens and the state, by increasing the level of their security and economic capacity. The main task is to provide the Armed Forces of Ukraine and citizens with everything necessary. This provides for the modernization of the military-industrial complex (further MIC), industrial production, including the processing industry, the construction of new engineering networks and structures, re-equipment of old and construction of new construction objects with Nearly zero-energy buildings (further - NZEB), as well as adjustment of the compensation program for labor costs for each employed internally displaced persons (further - IDPs). Analyzing the processes taking place in Ukraine, special attention is paid to the study of the application of adaptive norms of labor legislation in the conditions of martial law and the effectiveness of the implementation of the compensation program for labor costs for each employed person from among IDPs, suggestions are given for their improvement. The article examines the impact of the Association Agreement with the EU, which is part of the deepened comprehensive free trade zone with the EU, on the economy of Ukraine, it is proposed to intensify public-private partnership and create a system of incentives for the construction of modular factories in various sectors of the economy.
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Severo, Elisabeth Maria Ferreira, and Hipólito José Campos de Souza. "Efficiency in the management of civil construction waste with the adoption of the integrated waste exchange system in Brazil." In INNOVATION IN HEALTH RESEARCH ADVANCING THE BOUNDARIES OF KNOWLEDGE. Seven Editora, 2023. http://dx.doi.org/10.56238/innovhealthknow-049.
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Federal Law No. 12,305/2010, which provides for the National Solid Waste Policy, establishes that: "Civil Construction Waste (RCC) originates in the construction, renovation, repair and demolition of works, as well as those resulting from the preparation and excavation of land for construction". In addition, the legislation specifies the responsibility of waste generators for collection, transportation, transshipment, and final disposal, aiming at reduction, reuse, recycling, proper treatment of waste and a lower environmental impact. Currently, some industry federations have platforms that aim to promote and facilitate transactions related to the waste produced by their members, however, most operate in isolation. The National Confederation of Industries (CNI) has created a web platform developed for integrated operation that allows the adhesion of state industry federations. Of the twenty-seven federative units of Brazil (Federal District and twenty-six states), the states of São Paulo, Rio de Janeiro, Rio Grande do Sul, Santa Catarina and Mato Grosso do Sul (about 19% of the total) have isolated (non-integrated) Recyclables/Waste Bags and only the states of Paraná, Minas Gerais, Bahia, and Sergipe (15%) participate in the Integrated Waste Exchange System (SIBR) of the National Confederation of Industries. This research aims to present the positive points of the integrated system and propose the use of SIBR in all federative units of Brazil. Initially, it was found that the SIBR system, in addition to facilitating and enabling the execution of transactions such as the intermediation of the sale, exchange, and donation of materials / products, also provides the reduction of costs and time, because of the integration, also contributing to the correct disposal of waste and, consequently, to environmental preservation.
Conference papers on the topic "Construction industry – law and legislation – australia"
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Rajapaksha, D. N. S., V. Edirisinghe, and A. N. Perera. "Statutory Adjudication for the Sri Lankan Construction Industry." In SLIIT International Conference on Advancements in Sciences and Humanities 2023. Faculty of Humanities and Sciences, SLIIT, 2023. http://dx.doi.org/10.54389/mamx3300.
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Disputes are pervasive in the Sri Lankan construction industry, causing project delays and financial burdens. Common dispute resolution methods include negotiation, conciliation, mediation, adjudication, and arbitration. While adjudication is mandatory in Sri Lankan construction contracts, its ineffectiveness and lack of enforceability have prompted the exploration of statutory adjudication. This study investigates the barriers to implementing statutory adjudication in Sri Lanka’s construction industry and proposes solutions. Using a qualitative approach, the study involves literature reviews and interviews with industry professionals. Findings indicate a growing preference for adjudication due to its efficiency and reduced adversarial impact. However, the absence of legislative support poses a significant obstacle. Recommendations include enacting statutory adjudication laws, government involvement, creating frameworks and guidelines, and establishing dispute resolution organizations and court systems. Comparable systems in the UK, Australia, and Singapore provide insights into the types of disputes eligible for resolution. Overcoming operational issues such as biased authority nominations, short adjudication timeframes, and insufficient adjudicator regulations is crucial. Implementing statutory adjudication can enhance confidence among stakeholders, cash flow management, and dispute resolution in Sri Lanka’s construction industry, ultimately fostering its growth and sustainability. This study emphasizes the need for legislative backing, government engagement, and comprehensive system development to facilitate statutory adjudication’s successful integration. Recommendations also include promoting awareness, training adjudicators, and encouraging professionals to become adjudicators in the industry, ensuring the construction sector’s continuous improvement.
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Radojević, Zagorka, Anja Terzić, Tea Spasojević-Šantić, Biljana Ilić, and Biljana Bojović. "ENVIRONMENTAL ASPECTS OF PRODUCTION OF BUILDING MATERIALS - LIFE CYCLE ASSESSMENT AND ISSUANCE OF PERMITS FOR GAS EMISSIONS WITH THE GREENHOUSE EFFECT." In Aktuelni trendovi u oblasti građevinskih materijala i konstrukcija. Društvo za ispitivanje i istraživanje materijala i konstrukcija Srbije, 2024. http://dx.doi.org/10.46793/diimk24.116zr.
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The European integration process accelerated the drafting of the Law on Climate Change, which was adopted in March 2021. This law transposes the relevant EU legislation, providing a legal basis for the development and updating of low-carbon development strategies and adaptation programs to changed climate conditions, monitoring, reporting and verification of greenhouse gas emissions and the implementation of climate policies and measures. Life Cycle Assessment (LCA) of construction products enables the assessment of the cumulative impact of a construction product or service on the environment. Bearing in mind the high emissions of gases with the greenhouse effect in the construction industry, this paper provides a methodology for evaluating the life cycle of products and services on the environment, their quantification through the creation Environmental Product Declarations (EPD), with special reference to the manufacturer's obligation to create a monitoring plan and reporting on greenhouse gas emissions (GHG).
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Liu, Jiu. "Information Disclosure and Public Involvement in the Siting, Construction and Operation of Civil Nuclear-Facilities in China: Legal Challenges and Ways Forward." In 2022 29th International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2022. http://dx.doi.org/10.1115/icone29-90327.
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Abstract Background: In March 2011, Japan was struck by a massive earthquake which initiated a tsunami that led to a severe nuclear damage accident at the Fukushima Daiichi Nuclear Power Plant of the Tokyo Electric Power Company. Now, more than ten years had passed. Even though, it is widely admitted that civil nuclear industry is of great importance in reducing greenhouse gas emission, improving natural environmental quality and safeguarding national energy security. Thus, China has been developing civil nuclear industry all these years in spite of the nuclear damage accident in Fukushima, Japan. Now, China has become one of the countries with most nuclear power plants. However, due to the potential radioactive risk, the public have instinctive fear of civil nuclear development. In order to relieve the public’s anti-nuclear sentiment, Nuclear Safety Law was formally implemented in 2018 and Measures for Disclosure of Nuclear Safety Information was issued by Ministry of Ecology and Environment of China in 2020, both clearly stipulating that the public’s right to obtain information of nuclear safety and involve in related activities in order to eliminate the public’s doubts and phobia about the development of civil nuclear industry. However, there are still challenges existing. Methods: Cases study is applied as a major methodology in this paper as for to show the severe problems in information disclosure and public involvement pertaining to the process of siting and construction of civil nuclear facilities. Moreover, legislation study is used in analyzing the content of related legislation and regulations currently. And qualitative methodology is also adopted in this paper to summarize the legal problems about information disclosure and social involvement during the time of siting and construction of civil nuclear facilities. Results: Although there are legislation and regulations which endow people with available information and opportunities-to-be-involved in China, the information disclosure and public involvement still exist several challenges, especially during the process of siting and construction of civil nuclear facilities. Thus, several anti-nuclear incidents had been initiated by the public due to lack of information and methods to participate in these years. According to the cases, information disclosure and public involvement are still not sufficient during the time of siting for nuclear facilities; relevant compensation mechanism for the public around the nuclear facilities has not been established; and public education for basic knowledge on nuclear safety is not enough. Therefore, public involvement cannot be realized completely. Conclusions: For ensuring information disclosure and public involvement of civil nuclear facilities, this article proposes that information disclosure and social involvement should be realized and protected as early as the process of siting for such facilities. Furthermore, operators of nuclear facilities and local governments should provide sufficient compensation to the public near nuclear facilities through preventive compensation mechanism and offer science popularization on nuclear safety to avoid the misunderstanding of the public.