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Yasir Tagelsir Mohamed Osman, Yasir Tagelsir Mohamed Osman. "Mechanisms for resolving international contracts for building and construction disputes: آليات حسم منازعات العقود الدولية للبناء والتشييد". مجلة العلوم الإقتصادية و الإدارية و القانونية 5, nr 23 (27.12.2021): 162–45. http://dx.doi.org/10.26389/ajsrp.r110221.
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Consider of resolving international contracts for building and construction is extremely important for architects and building construction implementers, as international building and construction contracts are complex contracts and countless international parties participate in their implementation. The aim of this research is to show the legal implications of implementing dispute resolution mechanisms, international contracts in construction and construction. The International Building and Construction Contract does not deviate from being a complex, international commercial contract, from private law contracts, even with the presence of the state or a legal person as a party to the contracts, this does not change their legal nature as contracts of law. The private where the results of the following research study showed: 1- The failure of national legislation to address many of the problems arising from international contracts for building and construction, which are of a technical nature due to their rapid development that are unable to keep pace with those national legislations, thus enhancing the role of rapidly developing and modifying model contracts to ensure simulation of the practical reality of these new technical problems and to provide the best means. To solve it, we extracted from the research the following results. 2- Model contracts are not considered contracts in the strict legal sense as they do not include consent between two parties, but rather they are a pre- prepared contract formulation in printed form, so that it is ready for use by the parties to the contract, and it is not evidence except for the persons who agreed to the agreement to refer to it where the search was used The inductive approach to measuring and understanding its archeology, as it relied on reviewing previous literature and studies in explaining the legal implications, and the research recommendations came as follows: 1- Attaching special importance to drafting international contracts for building and construction, and entrusting this task to a team of legal, technical and economic experts who have the scientific and practical qualities that qualify them to do this task in the best way, so that the parties to these contracts can avoid or at least reduce the disputes arising from these contracts. 2- Preparation and drafting of a unified Arab contract as a model for concluding international contracts for building and construction, which is evident in the customs and habits of this industry derived from our contemporary reality and in line with the legal concepts prevailing in our Arab countries, so that they act as the actual guarantee on which every contractor from our Arab society depends.
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Sigalov, Katharina, Xuling Ye, Markus König, Philipp Hagedorn, Florian Blum, Benedikt Severin, Michael Hettmer, Philipp Hückinghaus, Jens Wölkerling i Dominik Groß. "Automated Payment and Contract Management in the Construction Industry by Integrating Building Information Modeling and Blockchain-Based Smart Contracts". Applied Sciences 11, nr 16 (20.08.2021): 7653. http://dx.doi.org/10.3390/app11167653.
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Construction projects usually involve signing various contracts with specific billing procedures. In practice, dealing with complex contract structures causes significant problems, especially with regard to timely payment and guaranteed cash flow. Furthermore, a lack of transparency leads to a loss of trust. As a result, late or non-payment is a common problem in the construction industry. This paper presents the concept of implementing smart contracts for automated, transparent, and traceable payment processing for construction projects. Automated billing is achieved by combining Building Information Modeling (BIM) approaches with blockchain-based smart contracts. Thereby, parts of traditional construction contracts are transferred to a smart contract. The smart contract is set up using digital BIM-based tender documents and contains all of the relevant data for financial transactions. Once the contracted construction work has been accepted by the client, payments can be made automatically via authorized financial institutions. This paper describes the framework, referred to as BIMcontracts, the container-based data exchange, and the digital contract management workflow. It discusses the industry-specific requirements for blockchain and data storage and explains which technical and software architectural decisions were made. A case study is used to demonstrate the current implementation of the concept.
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Nilchian, Siamak, Javad Majrouhi Sardroud, Mehrab Darabpour i Shahriar Tavousi Tafreshi. "Features and Conditions of Building Information Modeling Contracts". Buildings 12, nr 11 (1.11.2022): 1839. http://dx.doi.org/10.3390/buildings12111839.
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Building information modeling (BIM) has improved efficiency in construction projects by utilizing digital instrument capabilities. However, the use of this technology has brought new challenges, particularly legal and contract issues. Conventional construction contracts cannot respond to specific BIM conditions. Therefore, several contract solutions have been proposed to tackle this problem. Despite significant efforts, researchers are still attempting to develop a suitable contract framework and conditions due to the complexities of BIM technical and legal aspects. The present study reviews the solutions developed within seven pioneer countries in BIM and collects the views of construction experts selected by the snowball sampling method in order to identify the most crucial factors that should be considered in BIM contracts. This work incorporated and analyzed 47 questions relating to BIM legal and contract factors in five groups, including BIM contractual basics, BIM contractual obligations and approvals, BIM ownership and copyright, general rules, and other contractual topics. The findings could be exploited to develop a proper BIM contract framework in compliance with construction rules and conditions.
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Sanni, A. G., O. J. Adebiyi i N. V. Okorie. "RESIDUAL RISKS OF PAYMENT PROVISIONS IN FIDIC AND JCT CONDITIONS: A QUANTITY SURVEYOR’S VIEW". Open Journal of Physical Science (ISSN: 2734-2123) 1, nr 1 (10.03.2020): 26–40. http://dx.doi.org/10.52417/ojps.v1i1.87.
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The obligee and obligor of all cost-related commitments in construction contracts are governed by the conditions of contract. Like in all human engagements, risk is inevitable in construction contracts. This exploratory overview examined residual risks associated with payment provisions in Federation Internationale Des Ingenieurs-Consiels (FIDIC) and Joint Contracts Tribunal (JCT) conditions of contract in Nigerian construction industry. The selected payment provisions were advance payment, interim valuation, retention and final payment. The methodology comprises: (i) critical examination of payment provisions, (ii) scenario building of problem situations, (iii) assessing the sensitivity of the provisions to contractual conflict, and (iv) evaluating the effect on construction cost administration. Disbursement and amortization of Advance payment in FIDIC are more secured than JCT. Interim valuation in FIDIC allows the contractor to make claims for delayed issuance of interim certificate but FIDIC does not give the contractor such right because all application for payments must be made by the contractor to the engineer. It would take a contractor in FIDIC-based contract a longer time for maturity of final payment than in JCT-based contract. It is recommended that a contractor in FIDIC-based contract should get retention bond in lieu of deduction of retention money to enhance its liquidity.
Sanni, A. G. | Department of Quantity Surveying, University of Benin (UNIBEN), Benin City, Nigeria.
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Neves, Marcos Fava. "Marketing and Network Contracts (Agreements)". Journal on Chain and Network Science 3, nr 1 (1.06.2003): 7–19. http://dx.doi.org/10.3920/jcns2003.x026.
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The literature shows that bounded rationality makes it almost impossible to build complete contracts to manage transactions between companies. Furthermore, incomplete contracts generate opportunism problems from one of the involved parts and undesirable transaction costs that could be reduced if the process of building a contract/agreement were to include more details (exactness), even in unwritten (oral) agreements. In general, businessmen do not have the instruments to facilitate this process of building contracts, and students, who will deal with contracts at various moments in their professional lives, are not trained for this activity. This article provides a model that has been successfully used as a contract analysis tool in business networks focusing on marketing actions.
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Sümer, Levent, i David Arditi. "Turkish building construction contracts vs. FIDIC contracts". Journal of Construction Engineering, Management & Innovation 5, nr 2 (30.06.2022): 107–18. http://dx.doi.org/10.31462/jcemi.2022.02107118.
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Wigglesworth, Sarah. "‘WLTM caring contractor’: the dating game of Design and Build contracts". Architectural Research Quarterly 16, nr 3 (wrzesień 2012): 210–16. http://dx.doi.org/10.1017/s1359135513000055.
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The standard construction contract in the UK, such as JCT 2005, is designed to balance time, quality and cost. Typically, the contract documents consist of a bespoke design described by a full package of drawings and a specification describing quality, techniques and materials. These enable a contractor to offer a fixed price for the work and establish a programme and the aim is to provide a level of financial security that leaves little to error or to contingent forces. That, at least, is the theory. In practice, there are few contracts that run as smoothly as the theory suggests, which accounts for the myriad case law in this area.In preparing the contract documents, an architect conventionally begins their work by acting as agent for the client. Once appointed, s/he develops the brief with the client and/or users, designs the building and guides the scheme through the regulatory system, describing it in sufficient detail to allow a contractor to arrive at an accurate cost. After this, the ways in which a building can be procured can vary considerably. This article focuses on what happens under a Design and Build (D&B) contract.
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Shynkarenko, Dmytro, i Andrii Kopp. "TOWARDS THE APPROACH TO BUILDING SMART CONTRACTS BASED ON BUSINESS RULES USING NATURAL LANGUAGE PROCESSING". Grail of Science, nr 22 (3.12.2022): 144–50. http://dx.doi.org/10.36074/grail-of-science.25.11.2022.25.
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This paper considers the smart contracts development process based on business rules using natural language processing as the research object. The research subject includes software components for creating smart contracts based on business rules using natural language processing. The research aims to simplify the software component development for decentralized systems by using smart contracts generation from business rules written in natural language. This study considers smart contract development approaches and technologies, intelligent text processing methods, as well as software development techniques using the Python programming language for the experimental implementation of the proposed solution. This study outlines the relevance of this research, provides a state-of-the-art analysis, proposes the improved procedure of smart contracts’ development and deployment, and suggests an algorithm for smart contract generation based on business rules.
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Tabatabai, Seyed Jafar. "The Nature, Terms and Legal Effects of Presale or Pre-Construction Contracts of Building (Apartment)". Journal of Politics and Law 10, nr 1 (29.12.2016): 228. http://dx.doi.org/10.5539/jpl.v10n1p228.
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Modern living in present-day in the territory of contracts, as in many other fields, has led to numerous and complex phenomena. One of its manifestations is the construction (constructing) phenomenon and its pre-sale contracts. Sale of the building and apartment units before their construct is a common problem in today's society that it depends on pre-sales or pre-construction contracts. The long duration of construction projects and fluctuations in materials prices, especially considering the today’s economic situation is one of the important reason for the development of pre-sales contracts in Iran. This study has been carried as a descriptive analytical one to examine and identify the nature, conditions (terms) and legal effects of pre-sold or pre-construction contracts and among the results of this study are that; the presale contract of construction (building) despite the fact that sales did not exist at the time of conclusion of the contract, can be considered as the same sale. The producing of ordered goods is the responsibility of artificial maker (manufacturer) and the made should be determined and death and time to deliver the goods must be determined. The determination of price also as determination of made is very important and must be delivered to the makers according to contract.
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Ghahraman, Mohammad, i Masoud Reza Ranjbar Sahrayi. "Nature of Commitment in the General Conditions of FIDIC, Iran Construction Contracts, and Principles of European Law on Service Contracts". Journal of Politics and Law 10, nr 1 (29.12.2016): 166. http://dx.doi.org/10.5539/jpl.v10n1p166.
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Commitment is a consequence of a contract. Identifying the nature of commitment is very important to achieve it. The question here is that what is the nature of commitment in construction contracts? Is the constructor bound to achieve a result and implement the contract subject, or is his/her effort to implement the contract subject enough? Since performance of the contract subject in construction contracts, which include creating, repairing and reconstructing a building, requires time passing and meeting various secondary commitments by both parties, the issue was studied according to the general conditions of FIDIC (International Federation of Consulting Engineers) contracts, Iranian Organization of Management and Planning and Principles of European Law on Service Contracts.
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Rovniy, V. V. "About the state registration of a contract and contract’s consequence". Siberian Law Herald 2022.2 (2022): 80–87. http://dx.doi.org/10.26516/2071-8136.2022.2.80.
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The article is dedicated to the wide circle of questions, connected with the state registration procedure foreseen for a number of contracts by the law. The registration objects’ pluralism and registrating bodies’ diversity are pointed to. The rule of p. 3 art. 433 Civil Code of the Russian Federation, a plenty of changes in the civil legislation in the connection with the registrating procedure in a contracts are comprehended. Particular attention is made to the consequences of registrating demand’s infringement for different registrating objects (obligatory and disposal contracts, contract’s consequences). Regulations of contemporary law, various it’s changings during the last years, existing mistakes and demerits are under analyzing. Author’s point of view to the comprehension and using the rule of p. 3 art. 433 CC RF and some other rules is formulated. A number of conclusions (for example, about the separate effect of the p. 3 art. 433 CC RF’s rule for contract’s participants and for third persons, about the fiction of contract’s registration for it’s participants) is made and argued. Made conclusions are scrutinizing on the examples of various contracts, in which the registrating procedure is used. They are obligatory contracts (selling immovable property and business, leasing immovable property, building, construction, business) and disposal ones (mortgage, cession, novation of a debt, transference an immovable property object in the confidential managing property contract, giving a right in the commercial concession and licence contracts). Besides the Civil Code’s regulations special legislation touching upon questions of rights and bargains’ registration is used.
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Li, Hanning, Hongyun Han i Shiyu Ying. "Reputation Effect on Contract Choice and Self-Enforcement: A Case Study of Farmland Transfer in China". Land 11, nr 8 (11.08.2022): 1296. http://dx.doi.org/10.3390/land11081296.
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The prevailing informal contracts of farmland transfer in China are facing frequent disputes and defaults, which call for effective self-enforcement mechanisms operating through transactors’ reputations and social networks. However, the effects of reputation on contract choice and self-enforcement have not been thoroughly considered and examined by existing research in the case of farmland transfer. This study explores the reputation’s ex-ante signaling effect on farmers’ contract choices and the ex-post penalty effect on farmers’ performance in informal contracts. Based on 403 transfer contracts obtained from a field survey conducted in the Hebei province of China, we apply the multinomial logit model and Heckman probit model to perform empirical analysis. The results show that, affected by the penalty effect, farmers with good reputations are more likely to fulfill informal contracts to avoid reputation damage and the resulting loss of future trading opportunities. However, in the ex-ante stage of contract choice, a farmer’s reputation has no significant signaling effect on the formation of informal contracts. The informal contracts are chosen due to farmers’ trust in the close social network and the demand for reduced transaction costs. These findings highlight the importance of personal reputation serving as a form of relational governance in the self-enforcement of informal contracts, which provides a means of enhancing the informal contract’s effectiveness in terms of farmland transfer in the rural acquaintance society. It also provides insights into the necessity of creating a supportive environment for informal rules. Policies should encourage the building of personal reputation and establishment of good social norms to form a long-term, stable and reasonable contractual relationship for farmland transfer.
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Salleh, Rozana Mohamed, Nur Emma Mustaffa i Nafisah Abdul Rahiman. "The Adoption of Building Information Modelling and Intelligent Contract to Payment Process in Malaysian Conventional Contract". Journal of Computational and Theoretical Nanoscience 17, nr 2 (1.02.2020): 1378–87. http://dx.doi.org/10.1166/jctn.2020.8814.
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Payment conflicts are never ending issue in Malaysian construction industry. This issue is a common scenario especially in public work project, which involves a conventional contract. The late payment and non-payment occur due to client inefficient payment administration caused by documentation and human factors. It commonly ended up causing delays in project completion. However, the revolution of Information Technology (IT) within construction industry has shown the development of various management systems, which transformed the way projects are administered. The introduction of Building Information Modelling (BIM) is one of the project management systems, which have been created to centralised knowledge sharing resource as an effective collaborative and integrated approach between inter-disciplines in construction industry. The development of digital technology of Intelligent Contracts brings great potential in BIM management to automate the contractual process and thus create possible solutions towards payment conflicts in the construction project. This paper discusses the process of payment in the conventional contractual procedure, which relate to the causes of delay in payment. It is believed that by integrating BIM and Intelligent Contract’s attributes may help to eliminate the unnecessary procedure, which prolong the payment processes. Therefore, this study is carried out to explore what are the effects of adopting BIM and Intelligent Contracts attributes in conventional payment process. This is a descriptive study and the methodology used is essentially on review of the literature in relation to payment processes in conventional contract, BIM management system and attributes of Intelligent Contract. The analysis revealed that the adoption of BIM and Intelligent Contracts attributes in payment conventional process could improve the efficiency; reduce the time by eliminating third party interference and manual signatory. In addition, the project performance is analysed intelligently as well as minimise the risks of losing information by keeping historical audit trails in automatic system repository.
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Masley, S. "Conclusion of direct contracts with utilities providers". Law Enforcement Review 2, nr 4 (28.12.2018): 125–36. http://dx.doi.org/10.24147/2542-1514.2018.2(4).125-136.
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The subject of the paper is conclusion and execution of direct contracts between consumers and utilities providers.The main aim of the paper is to confirm or disprove the hypothesis that direct contracts between consumers and utilities providers are more convenient for utilities providers than for consumers.The methodology of the study includes general scientific methods (analysis, synthesis, comparison, generalization, description) as well as particular academic legal methods (formal-legal analysis of theoretical and regulatory sources, interpretation of legal acts, judicial and arbitration practice).The main results and scope of their application. The current procedure for the provision and payment of utilities is based on the concept of "performer of utilities", which are the management organizations, homeowners' associations, housing cooperatives. The performer of utilities enters into a contract with utilities provider. These utilities are acquired by the contractor at the border of its operational responsibility (on the border of an apartment building), then this resource is already provided as a utility service to final users – tenants and owners of premises in an apartment building. Consumers pay for utility services to the contractor of utilities, and he, in turn, transfers the received payments to the utilities provider (resource supplying organization). Such a scheme of contractual relations leads to problems, including the following: the performers do not enter into contracts with the utilities providers (resource-supplying organizations), thereby trying to exclude their responsibility for the quality of services; do not pay fully or partially for the supplied utility resource. In this regard, the legislation has been amended to allow direct contracts between consumers of public services and resource organizations and, accordingly, directly pay for utilities.Conclusions. Direct contracts between consumers and utilities providers are more convenient for utilities providers than for consumers in the scope of responsibility for the poor quality of utilities.
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Cannarsa, Michel. "Interpretation of Contracts and Smart Contracts: Smart Interpretation or Interpretation of Smart Contracts?" European Review of Private Law 26, Issue 6 (1.12.2018): 773–85. http://dx.doi.org/10.54648/erpl2018054.
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Abstract: The computer language (computer code) on the basis of which smart contracts are written is different from the natural (Human) language. Computer language is a ‘dry’ language, whereas natural language is ‘wet’. In other words, it means that computer language is deterministic (just one meaning and one result are conceivable), when natural language is open to more and potential different meanings. Natural language requires therefore in itself interpretation, at least more than computer language. Computer language in theory doesn’t require and possibly doesn’t leave room for interpretation. If this assumption is accurate, what are the consequences of it (on the intention of the parties, on contract drafting, on courts’ intervention…)? Building on that assumption, this article explores, from a comparative perspective, the impact of the blockchain-based smart contract technology, especially regarding contract drafting techniques. Contract drafting style in common law (long contracts, based on a ‘if …, then ….’ approach, quite similar to the coding approach) is in part based on the idea of preventing courts’ interpretation and intervention. In civil law countries instead, contracts are generally shorter, for several reasons but partly because drafters tend to rely on more general legal concepts, external to the contract, and know that courts will play an important role, through interpretation, in disclosing the ‘true meaning’ of a contract. Coding contracts and relying on computer-code language can hence have a significant impact on the civil law approach and bring the two legal systems closer as far as contract drafting and contract interpretation are concerned.
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Taylor, Jessica. "JCT building contracts: What's new?" Journal of Building Appraisal 3, nr 4 (luty 2008): 259–66. http://dx.doi.org/10.1057/jba.2008.7.
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Zhu, Rong Jie, Ying Peng i Yang Sun. "The Research of Risk Management in Project Contracts". Applied Mechanics and Materials 357-360 (sierpień 2013): 2546–49. http://dx.doi.org/10.4028/www.scientific.net/amm.357-360.2546.
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The risk of project contracts is the uncertainty that exists alongside a contract. It is the pressing issue for contractors to prevent and control risks as the peculiarity of building projects brings about series of uncertain risks. By going through the management process of contracts for construction projects, this thesis analyzes the sources of risks and gives ideas and suggestions for designing effective measures to avoid project contracts risks.
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Sabri, Omar K., i Olav Torp. "Corrective and Preventive Action Plan (CAPA) for Disputes in Construction Projects: A Norwegian Perspective". Infrastructures 7, nr 5 (24.04.2022): 63. http://dx.doi.org/10.3390/infrastructures7050063.
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The consensus in the Norwegian construction industry is that the projects are characterized by conflicts. Because unresolved disputes that reach courts take time and resources to be solved, this leads to lost productivity and high costs for all stakeholders. Of the root causes of conflicts identified previously, tender specification and contract understanding were the most significant issues. To expand on previous findings, a qualitative analysis of 58 formal, semi-structured interviews was conducted to determine whether personal characteristics and types of contracts presented conflicts. Interviews were conducted with contractors, public clients, consultants, academics, and lawyers. Data were analyzed using NVIVO 12.0 following specific relevant themes and thematic maps. Corrective and preventive actions included the development of a new method to produce better-prepared tender documents, knowledge building in contract management, training to ensure better communication and dialogue between client and contractor, trust-building, dispute resolution along the way, and avoid awarding contracts at the lowest price or the use of a hybrid model. Improved routines may drive costs down, and cooperation and new forms of tendering and contracting could be the key to prevent and minimize disputes in Norway.
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Sabri, Omar K., i Olav Torp. "Corrective and Preventive Action Plan (CAPA) for Disputes in Construction Projects: A Norwegian Perspective". Infrastructures 7, nr 5 (24.04.2022): 63. http://dx.doi.org/10.3390/infrastructures7050063.
Pełny tekst źródłaStreszczenie:
The consensus in the Norwegian construction industry is that the projects are characterized by conflicts. Because unresolved disputes that reach courts take time and resources to be solved, this leads to lost productivity and high costs for all stakeholders. Of the root causes of conflicts identified previously, tender specification and contract understanding were the most significant issues. To expand on previous findings, a qualitative analysis of 58 formal, semi-structured interviews was conducted to determine whether personal characteristics and types of contracts presented conflicts. Interviews were conducted with contractors, public clients, consultants, academics, and lawyers. Data were analyzed using NVIVO 12.0 following specific relevant themes and thematic maps. Corrective and preventive actions included the development of a new method to produce better-prepared tender documents, knowledge building in contract management, training to ensure better communication and dialogue between client and contractor, trust-building, dispute resolution along the way, and avoid awarding contracts at the lowest price or the use of a hybrid model. Improved routines may drive costs down, and cooperation and new forms of tendering and contracting could be the key to prevent and minimize disputes in Norway.
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Alqahtani, F. K., A. Alabduljabbar, T. Alsaqer i I. S. Abotaleb. "Evaluation of using building information modelling in green building in Saudi Arabia construction contracts". IOP Conference Series: Earth and Environmental Science 1026, nr 1 (1.05.2022): 012053. http://dx.doi.org/10.1088/1755-1315/1026/1/012053.
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Abstract Building Information Modelling (BIM) enables, faster development, real-time monitoring of project performance, clash detection, knowledge management, more effective and efficient operation and maintenance, and provide more reliable and timely exchange of information to support the decision-making process. Despite the worldwide adoption of BIM, its implementation is the Kingdom of Saudi Arabia is not mature, especially when it comes to green buildings. The goal of this research is to investigate the use of BIM in green buildings in KSA and provide insights on the factors that need to be considered for optimal attainment of BIM outcomes. First, BIM implementation is analyzed in international contracts such as FIDIC and NEC4. Second, the local implementation of BIM in KSA is investigated through analysing the public works contract and the contract of case study of a mega project. Finally, a survey was conducted to identify and rate the (1) obstacles, and (2) benefits of BIM implementation in green building in KSA. Among the significant results was the fact that the strongest barrier to BIM implementation is the lack of support from the management to accept changing the current practices, and the weakest barrier is actually the costs of BIM implementation. The findings shed the light on significant aspects (such as increasing awareness about BIM and fostering flexibility in managers) that will enable successful implementation of BIM in green buildings in KSA; which in turn will result in cost and schedule savings.
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Webster, Natasha Alexandra, i Martina Angela Caretta. "“Women in groups can help each and learn from each other”: The role of homosocial practices within women’s social networks in building local gender contracts". Multidisciplinary Journal of Gender Studies 5, nr 3 (25.10.2016): 1072. http://dx.doi.org/10.17583/generos.2016.1992.
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Feminist scholars struggle to articulate gender relations in different contexts. Using the concept of local gender contract - a place specific agreement of gender relations, we explore how women’s networks challenge or shift gender contracts in their communities. Based on two empirical case studies of women´s groups from Eastern Africa and Thai migrants in Sweden, we show gender contracts are challenged through women’s homosocial activities. We highlight tensions between gender contracts and the women’s goals revealing a complicated process of assent and resistance. This study expands gender contract theoretically and provides a way to understand vulnerable women’s activities.
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Muhammad, Rabiah, i Abdur Rehman Nasir. "Integrating BIM in Construction Dispute Resolution: Development of a Contractual Framework". Buildings 12, nr 11 (31.10.2022): 1828. http://dx.doi.org/10.3390/buildings12111828.
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Building information modeling (BIM), through its data-rich digital representation of building elements, has revolutionized the architecture, engineering, and construction (AEC) industry. Facilitating the process of its implementation, several legal aspects of BIM have been discussed and standardized in the published contract systems, but legal provisions for dispute resolution through BIM are yet to be established. With more enhanced use of BIM, there is a need for a dedicated protocol for utilizing BIM in construction dispute resolution. This study aims to identify, analyze, and classify the potential legal aspects for integrating BIM into the construction dispute resolution process and thereby determine the corresponding provisions required in BIM-enabled contracts. Potential legal aspects were extracted through an analysis of published literature, including research papers, FIDIC contracts, and standard BIM contract documents. A questionnaire survey involving 140 respondents was conducted from which the 24 identified legal aspects were validated to be incorporated in BIM contracts as contract provisions. The proposed BIM-DRes framework maps the legal aspects and finalized contractual provisions with the phases of a construction project and highlights the main stakeholders associated with or affected by these aspects. The developed framework was further validated by three experts from the construction industry. This research explores this overlooked area and expands the body of knowledge on BIM-based dispute resolution, setting the ground for the extension of BIM-enabled contracts.
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MAT YAMAN, KHARIYAH, i ZUHAIRAH ARIFF ABD GHADAS. "‘GREENING’ THE PROVISIONS OF CONSTRUCTION CONTRACTS: AN APPRAISAL OF THE PWD, PAM AND CIDB STANDARD FORMS". JOURNAL OF SUSTAINABILITY SCIENCE AND MANAGEMENT 17, nr 8 (31.08.2022): 81–96. http://dx.doi.org/10.46754/jssm.2022.08.005.
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Green building and sustainable design and construction practices (SDC) are at the centre of the Malaysian construction industry’s move towards sustainable development and green growth. One of the most vital aspects of this shift to accommodate the new challenges and innovations in green building with the implementation of the SDC is the contract. However, despite the widespread use of standard forms of contract in Malaysia, both in public and private projects, there is currently no standard form of contract specifically designed for green construction projects. Hence, the impetus of this study is to assess the adequacy of commonly used standard forms of contracts in Malaysia in addressing the specific requirements of the SDC vis-à-vis green building and their associated risks. Towards this end, the study adopts doctrinal legal research methodology to investigate and evaluate the adequacy of the standard forms of contracts under review (Standard Forms) in addressing the requirements peculiar to the SDC vis-a-via green buildings. Within the parameters of this methodology, the study employs ex post facto or descriptive analysis and analytical analysis approaches. The analysis mainly focused on the relevant terms and conditions of the Standard Forms comparatively with the documented requirements of the SDC to highlight the gaps. From the analysis, the inadequacies are apparent. The terms and conditions of the Standard Forms do not adequately provide for the approaches and innovations in green building and the SDC and the legal challenges these approaches and innovations pose to the industry players’ rights and liabilities. This paper provides an analysis of these shortcomings and highlights the areas that require reform.
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Camén, Carolina, Patrik Gottfridsson i Bo Rundh. "Contracts as cornerstones in relationship building". International Journal of Quality and Service Sciences 4, nr 3 (31.08.2012): 208–23. http://dx.doi.org/10.1108/17566691211269549.
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Lai, Joseph H. K., i Francis W. H. Yik. "Monitoring building operation and maintenance contracts". Facilities 25, nr 5/6 (10.04.2007): 238–51. http://dx.doi.org/10.1108/02632770710742200.
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Gallant, Linda, i Gabriela Shalev. "Leading Decisions of the Supreme Court of Israel and Extracts of the Judgment". Israel Law Review 32, nr 4 (1998): 681–711. http://dx.doi.org/10.1017/s0021223700015831.
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The State of Israel v. Aprofim Housing and Enterprise (1991) Ltd. (1995) 49(ii) P.D. 265In 1990, following the wave of immigration from the former Soviet Union at the end of the 80's, the Government decided to promote construction of apartments for new immigrants and other persons entitled to government housing aid. A plan was drawn up whereby land would be allocated to contractors for building purposes by the Israel Lands Authority, while the Housing Ministry (hereinafter, “the Appellant”) undertook to purchase the apartments from the contractors after construction.A standard form agreement was drawn up which served as the basis for the contracts signed between the Appellant and the various building contractors and entrepreneurs. The Appellant undertook in these contracts to purchase from the contractor, upon request, any apartments which had been built but not sold on the open market. In desirable locations, the Appellant was under an obligation to purchase up to 50% of the apartments built. In development areas the Appellant was bound to purchase all of the apartments. The contractor was entitled to demand that the Appellant exercise its obligation to purchase the apartments in the desirable locations, at the earliest, on completion of construction; whereas, in the case of apartments in the development areas the contractor could make its demand on completion of the frame and internal walls of the building. The contract did not limit the time in which the contractor had to present its demand for performance of the obligation to purchase, but any delay in presenting a demand beyond the times stated would influence the contractor's right to receive the full price for the apartments from the Appellant.
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Findeiss, Laura. "Contracts and Negotiation: The Fundamentals for Interventional Radiologists". Seminars in Interventional Radiology 36, nr 01 (marzec 2019): 037–42. http://dx.doi.org/10.1055/s-0039-1679949.
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AbstractThere are numerous situations in which a physician may be in a position to negotiate a high-value contract. For an interventional radiologist, these may include personal employment contracts, vendor contracts for capital equipment, show-site agreements, research contracts, group partnerships, professional services agreements, and other types of relationships. Opportunities for physicians to learn about the nuances of contracts, themselves, are limited, and most will learn about negotiation and contracts through experience and sometimes through failure. This article will review contracting as it relates to physician employment relationships, with the goal of reviewing the fundamental principles of contracting and negotiation, exploring the prerogatives of hospitals, physician groups, and individual physicians as they relate to building mutually beneficial and productive relationships, and examining common pitfalls of contracting.
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Mardiaman, Mardiaman, i Daud Surbakti. "Study of Progress Difference on Building Construction Works". Eduvest - Journal of Universal Studies 2, nr 10 (20.10.2022): 1875–984. http://dx.doi.org/10.36418/eduvest.v2i10.591.
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The progress of construction work has different deviations at a certain point in time. Various factors cause inequality. A positive progress deviation indicates that construction work is completed faster where the progress of the plan is lower than the actual one, otherwise it is said to be late if it is negative. The uncertain nature of construction work causes there are 3 (three) scenarios of possible progress deviation values, so that these three values form one expected progress deviation value. A deviation of value greater than negative 10% for a duration from 0 to 70% is categorized as a critical contract. The purpose of this study was to determine the deviation of the progress of 29 construction works. Data collection was carried out on 29 construction works that had been carried out. The data is taken directly from the contractor. The results of data analysis showed that at 10% D, 11 construction works with poor performance were obtained. Information was also obtained that the construction work No. 12 have critical contracts (-11,773). Furthermore for the current construction work 30%D. 50% D and 70% D number of poorly performing construction works 12; 10; and 9. The value of the largest positive progress deviation is 15,362 at the 70% time point D. The expected value of the largest positive progress deviation is positive 1.763. By knowing the expected negative progress value, the contractor must exercise control as soon as possible before the contract expires. Acceleration can be done on activities that are on the critical path
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Carboni, Julia L. "Ex Post Contract Market Structure: Implications for Performance Over Time". American Review of Public Administration 47, nr 5 (9.10.2015): 588–98. http://dx.doi.org/10.1177/0275074015608753.
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Government increasingly relies on complex arrangements of providers to deliver public services. There is burgeoning public administration literature on contract management and performance. This literature emphasizes contract management strategies such as contract design and ex post monitoring and relationship building to promote contractor performance. The literature does not examine effects of structural variables on contract performance in ex post contract markets, though work on interorganizational networks has long established that structural factors influence individual performance. This study examines the influence of structural variables on publicly funded contract performance in networked structures of exchange using 5 years of state-level contract data. Network concepts are used to develop contracts as networked exchange structures and develop measures of structural embeddedness for individual programs. Findings include that the structural embeddedness of individual programs influences individual contract performance on quality and cost dimensions over time.
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Goddard, I. A. "ESSENCE AND LEGAL NATURE OF THE CROSS-BORDER CONSTRUCTION CONTRACT". Proceedings of the Southwest State University 22, nr 3 (28.06.2018): 153–64. http://dx.doi.org/10.21869/2223-1560-2018-22-3-153-164.
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The article gives a thorough analysis of various means of regulation of trans-border private law issues, including trans-border construction activities, based on a contract. The author analyses the sources of law, applicable in the sphere of construction, their types and specific areas of application with regard to practice. Analysing the sources of international and national law, the author comes to the conclusion that it is necessary to take into account their specifics and development tendencies when drafting cross-border construction contracts. The author compares international and national sources of law, types of regulation at conventional and national levels and comes to the conclusion that the conventional and national sources of law are closely interconnected. Private international law; standard form contracts; construction contract; lex mercatoria; construction activity regulation, international convention, conventional regulation, conflict of laws, foreign trade transactions, standard contracts; contract, building contract; lex mercatoria; regulation of construction activities.
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Natividade, Jorge, Carlos Oliveira Cruz i Cristina Matos Silva. "Improving the Efficiency of Energy Consumption in Buildings: Simulation of Alternative EnPC Models". Sustainability 14, nr 7 (2.04.2022): 4228. http://dx.doi.org/10.3390/su14074228.
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The construction sector and the operation and maintenance of buildings largely contribute to energy consumption and emission of greenhouse gases (GHGs) in the European Union (EU). Therefore, it is of utmost importance to improve the energy performance of buildings. Yet, this frequently involves high short-term investments, which may not be compatible with owners’ budgetary constraints. In this research we analyze the importance of Energy Performance Contracting (EnPC) for the improvement of energy efficiency in buildings. These models allow bypassing budgetary restrictions of owners (public and private ones) and bring private capital to finance energy efficiency measures. The paper analyses different models of contracting Energy Service Companies (ESCOs), from traditional models to alternative models, and exposes the versatility of the new contracting models and the associated risks. Several applications of energy performance contracts implemented in European countries are presented to identify the main characteristics that lead to successful contracts. The paper also includes the discussion of energy performance contracts applied to a public building (a school) that seeks to reduce its annual energy consumption, by testing the use of three types of energy performance contracts. The results show that there is potential in the use of EnPC but it is critical to select the most adequate model, especially when defining the contract duration, to balance both owners’ and companies’ interests.
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Voronova, Olga. "Development of contract management system for network companies under economy digitalization". E3S Web of Conferences 164 (2020): 09018. http://dx.doi.org/10.1051/e3sconf/202016409018.
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In the context of economy digitalization, special attention is paid to process management by company stakeholders, which cannot be considered without regard to the organization’s contract strategy, since a significant part of the business processes are consistently negotiated, concluded and executed, and the management of various groups of contracts is an integral part of the operating business model of network trading companies. This article discusses the main tasks of building an effective contract management system, and provides a typical classification of contracts for network trading companies. In the course of the study, the life cycle of the contract is considered. As a result of the research, the structure of the contract management system for network trading companies is presented.
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Tomlinson, Douglas P., i Edward J. Rhomberg. "Contract Officer in Military Service Contracts". Journal of Construction Engineering and Management 114, nr 3 (marzec 1988): 441–57. http://dx.doi.org/10.1061/(asce)0733-9364(1988)114:3(441).
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Liu, Jiang, Osmani i Demian. "Building Information Management (BIM) and Blockchain (BC) for Sustainable Building Design Information Management Framework". Electronics 8, nr 7 (26.06.2019): 724. http://dx.doi.org/10.3390/electronics8070724.
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At present, sustainable design is experiencing energy consumption and cost-effectiveness challenges in the building industry. A recent body of literature argues that the development of emerging smart digital technologies, such as Building Information Management (BIM) and blockchain (BC), offer immediate benefits to the industry. However, the current application of BIM and BC in the sustainable design and construction process focuses on smart energy and construction management, with little attention to addressing challenges for applying BIM to sustainable design and proposing strategies in terms of the usability of these technologies in the management of building construction projects. Therefore, this paper sets out to explore the potential roles of an integrated BIM and BC approach for sustainable building design information management. The first attempt is presented to use BC aided BIM for sustainable building design coordination and collaboration in multiple building stages. BC has the potential to address challenges that hinder the industry from using BIM for sustainable design, which has been unearthed. An innovative BC enhanced transaction process in BIM is required for sustainable building development. Roles of a user level driven smart contract system of BC can be used to enhance BIM system in the sustainable buildings process. The role of BC is primarily at user level driven smart contracts and their record value exchange capabilities. A user level (BIM stakeholders) driven BC technology for transaction in BIM process flow is revealed, and the user level (sustainable building design project stakeholders/BIM clients) driven and the smart contract enabled BIM+ BC architecture to address challenges of BIM for sustainable design has been further circulated according to the literature. Subsequently, a conceptual architecture of BIM + BC for Sustainable Building Design Information Management Framework in building project management has been proposed, validated, and refined. The Framework has two level encompassing structures and flow. The high-level framework is focused on strategy, whilst the low-level framework demonstrates technical components in detail. This architecture supporting project stakeholders in managing information, has the potential to achieve and ensure the realization of sustainable design goals through the interactive realization of smart contracts integrated into the user level driven BIM + BC system and its recording value exchange function through three user-driven levels, namely user, system, and transaction.
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Borgogno, Oscar. "Smart Contracts as the (new) Power of the Powerless? The Stakes for Consumers". European Review of Private Law 26, Issue 6 (1.12.2018): 885–902. http://dx.doi.org/10.54648/erpl2018060.
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Abstract: The success of smart contracts based on distributed ledger technology (DLT) springs from their potential to secure contract performance when traditional legal enforcement remedies are not practical or too costly. EU policymakers and regulators have struggled for years to facilitate the enforcement of consumer rights while reducing transaction costs for businesses. The article argues that smart contracts can be a viable tool to address such a challenge. By virtue of their self-executing and tamper-proof character, smart contracts are suited to substantially reduce transaction costs in B2C relationships. So far, several legal scholars have raised concerns regarding both smart contracts inability to reflect relational aspects of contract governance and the augmented complexity generated by the translation of an agreement into computer code. Building upon the extant literature on the topic, the article explains why these problems can be overcome when it comes to consumer rights that are standardized and easily verifiable. Thus, smart contracts will likely prove suitable for specific industries, such as the transport sector. The article concludes that policy makers and regulators shall take the lead by testing, with a sector-specific approach, smart contracts ability to improve the consumer protection toolbox.
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Ye, X., N. Zeng i M. König. "Visualization of blockchain-based smart contracts for delivery, acceptance, and payment process using BIM". IOP Conference Series: Earth and Environmental Science 1101, nr 4 (1.11.2022): 042013. http://dx.doi.org/10.1088/1755-1315/1101/4/042013.
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Abstract Building Information Modeling (BIM) provides an excellent opportunity to digitally document and visually display construction projects’ information throughout their whole lifecycle. Another recent technology that fosters the digital transformation of the construction sector is blockchain-based smart contract. In combination with BIM models, such smart contract can be used for delivery, acceptance, and payment (DAP) process automation in the construction industry. The DAP process can be modelled by using smart contracts and securely stored via a blockchain. Since smart contracts are programming codes, for stakeholders it is difficult to understand what is exactly written in them. Therefore, it is necessary to visualize the state and executed transactions of the deployed smart contracts. In this paper, a framework is highlighted to record and visualize the status of the DAP processes by combining BIM with smart contracts using the Business Process Model and Notation (BPMN) to develop a smart contract system. With the help of suitable visualization concepts, the individual transactions of the blockchain can be displayed in a comprehensible way. The feasibility of the framework is presented through an illustrative implementation of the smart contract system. The proposed framework can help project participants better understand the current state of a smart contract.
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Manderson, Aaron, Marcus Jefferies i 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.
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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.
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HUNG, NGUYEN DUY, PHAN MINH THANG i PHAN MINH DUNG. "MoDiSo: A TOOL FOR BUILDING CONTRACT DISPUTE RESOLUTION SYSTEMS". International Journal on Artificial Intelligence Tools 21, nr 01 (luty 2012): 1250002. http://dx.doi.org/10.1142/s0218213012500029.
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Real-world dispute resolution should be guided by laws, even if such disputes may be resolved by bodies other than the court of laws. Hence in order to build contract dispute resolution systems we need a tool capable of representing, reasoning and programming with contract laws. In this paper we present such a tool called MoDiSo (MOdular Argumentation for DIspute ReSOlution ) which combines the strengths of state-of-the-art argumentation-based techniques for different aspects of law, to propose: first, a modular architecture for contract dispute resolution systems with an edit-compile-dispute loop facilitating incremental system developments; and second, a methodology to represent and reason with legal doctrines in contract laws in the formal language of assumption-based argumentation. We demonstrate the tool with several legal doctrines for performance relief in common law of contracts. As a by-product, we obtain a dispute resolution system capable of explaining legal outcomes by automatically generating relevant arguments.
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Osborne, Deborah. "Effect of conditions precedent on building contracts". Journal of Building Appraisal 2, nr 3 (wrzesień 2006): 188–92. http://dx.doi.org/10.1057/palgrave.jba.2950040.
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Saari, Arto, i Leena Aalto. "Indoor environment quality contracts in building projects". Building Research & Information 34, nr 1 (styczeń 2006): 66–74. http://dx.doi.org/10.1080/09613210500279596.
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Dymond, David. "Five Building Contracts from Fifteenth-Century Suffolk". Antiquaries Journal 78 (marzec 1998): 269–87. http://dx.doi.org/10.1017/s0003581500500079.
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Five building contracts dating from the early 1460s are fully transcribed and interpreted, and their terms are explained in a glossary. They relate to four domestic properties in the west Suffolk town of Bury St Edmunds and a rural barn four miles away. As well as mentioning important structural details such as the differential spacing of studs and the use of green timber, these contracts reveal that the domestic houses of Bury were advanced in design. One open-hall is replaced by a ‘parlour’ with screens passage and jettied solar above; two completely new houses were to be continuously jettied against the street. Fashionable decorative features such as oriel windows and carved shafts were deliberately copied from other houses in the town.
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Dymond, David. "Five Building Contracts from Fifteenth-Century Suffolk". Antiquaries Journal 78 (wrzesień 1998): 269–87. http://dx.doi.org/10.1017/s000358150004498x.
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Five building contracts dating from the early 1460s are fully transcribed and interpreted, and their terms are explained in a glossary. They relate to four domestic properties in the west Suffolk town of Bury St Edmunds and a rural barn four miles away. As well as mentioning important structural details such as the differential spacing of studs and the use of green timber, these contracts reveal that the domestic houses of Bury were advanced in design. One open-hall is replaced by a ‘parlour’ with screens passage and jettied solar above; two completely new houses were to be continuously jettied against the street. Fashionable decorative features such as oriel windows and carved shafts were deliberately copied from other houses in the town.
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Malarewicz-Jakubów, Agnieszka. "Legal effects of concluding contracts for the purchase of residential buildings from housing cooperatives by cooperative members and a non-members". Studia Prawnicze KUL, nr 4 (12.12.2022): 23–30. http://dx.doi.org/10.31743/sp.13658.
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The motivation for writing this article was that I, as a solicitor, have conducted 18 court cases on behalf of persons who had actions brought against them by housing cooperatives aiming to terminate residential construction contracts concluded in 2010 and 2011 by and between the cooperatives and my clients. A common factor for all my clients was that they were not members of the housing cooperatives at the time they entered into these contracts. After becoming housing cooperative members in 2012, my clients concluded the contracts in the form of notarial deeds: first preliminary and then final contracts. All clients paid the agreed-upon price for house construction. This is because, at the time, residential construction contracts could only be concluded with cooperative members and my clients only acquired membership later in 2012. Between 2015 and 2016, the housing cooperatives brought actions against my clients, demanding that the contracts they concluded with the clients be declared void. The validity and relevance of the problem I have researched are evidenced by the fact that some of the court proceedings have not resulted in a final decision to this day. The research aims to determine the validity of the contracts entered into by my clients in connection with their purchases of buildings from housing cooperatives. The most significant problem was the ‘commencement’ of the acquisition process without being a cooperative member. To this end, I used the method of dogmatic analysis of the law and interpreted the legal provisions and court decisions in force throughout the period (from 2010 until today), as well as the most important decision of the Constitutional Tribunal on this issue, i.e. that of 5 February 2015. I have answered the question of whether the lack of cooperative member status at the time of concluding a building construction contract could render the contract null and void, and therefore, whether the claims of housing cooperatives deserve to be dismissed or admitted.
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Parrado, Salvador, i Anne-Marie Reynaers. "Agents never become stewards: explaining the lack of innovation in public–private partnerships". International Review of Administrative Sciences 86, nr 3 (1.08.2018): 427–43. http://dx.doi.org/10.1177/0020852318785024.
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Design–Build–Finance–Maintain–Operate contracts, as a specific public–private partnership, supposedly provide opportunities for innovation due to the long-term perspective, the use of output specifications and the collaborative environment. The literature suggests that the dynamics between procurers and consortia influence the actual contribution of these conditions to innovative practices. We therefore assess in three cases in the Netherlands and Spain how and to what extent the relationship between procurers and consortia affect these three conditions and therewith the possibilities for realising innovation and for capturing economic and social value. Findings show that the potential of Design–Build–Finance–Maintain–Operate contracts for innovation is hampered because procurers and consortia behave like principals and agents who distrust each other and who let short-term self-interested goals prevail over long-term pro-organisational goals. The cases have shown that the limited realisation of innovation and less-than-expected value generation seem to be due to the absence of a clear scheme that allows for capturing value. Points for practitioners • Potential innovation in Design–Build–Finance–Maintain–Operate contracts is restricted to the building of the infrastructure and the early operational phases of the contract because renegotiation clauses are normally too rigid. • An adequate system to work out financial risks that create economic value for the contractor are needed to produce social value through innovation. • The contract needs to work out a ‘binding’ collaboration scheme among the consortium members to reap the benefits of innovation.
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Alshihri, Saad, Khalid Al-Gahtani i Abdulmohsen Almohsen. "Risk Factors That Lead to Time and Cost Overruns of Building Projects in Saudi Arabia". Buildings 12, nr 7 (25.06.2022): 902. http://dx.doi.org/10.3390/buildings12070902.
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Rapid transformation across all sectors through Saudi Arabia’s vision 2030 initiatives led to an increase in construction activities. However, the construction industry has been already facing huge cost and time overruns, affecting all stakeholders. The aim of this study is to identify and explore the influential risk factors that lead to completion delays and cost overruns of government-funded building construction projects in Saudi Arabia, all of which have been subjected to a traditional type of procurement method (Standard Public Works Contract). The literature examined in this study identified a total of 83 risk factors, which have been grouped into nine categories. A questionnaire-based survey was conducted to determine the participants’ perspectives on the degree of probability of occurrence (P) of each risk and its potential impact on a project in terms of time (IT) and cost (IC). The questionnaire survey was distributed to 200 experts and professionals associated with Saudi building construction projects, which were grouped into four categories: clients, designers, consultants, and contractors. Fifty-five acceptable questionnaires were returned and analysed. The relative importance index (RII), and Risk Importance (RI) were used to identify the most influential risk factors, and an agreement test was conducted. The results of the survey revealed that the most significant risks factors contributing to the delay of building construction projects’ completion are contractor’s financial difficulties, owner’s delay in making progress payments for completed works, contracts awarded to the lowest bidder, change orders during construction, ineffective project planning and scheduling by the contractor, shortage of manpower, and contractor’s poor site management and supervision. In addition, change orders during construction and contracts awarded to the lowest bidder are the most significant risks factors of exceeding budgets. Based on the results, it is concluded that for achieving sustainable development, client, contractor, and labour-related risks must be effectively managed.
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Syahril, Imran, Didik Subiyanto i Ignatius Soni Kurniawan. "Building Organizational Citizenship Behavior Through Psychological Contract Mediation and Exogenous Variables Transformational Leadership and Organizational Support of Ny. Suharti Fried Chicken Restaurant Employees". Jurnal Manajemen Bisnis 13, nr 1 (31.03.2022): 138–67. http://dx.doi.org/10.18196/mb.v13i1.12876.
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Research aims: This study aims to find out the effect of the strategy on building organizational citizenship behavior because the low level of organizational citizenship behavior causes the company to be unable to increase its effectiveness.Design/Methodology/Approach: In this study, the total population was 70 employees of fried chicken Ny. Suharti. The data collection method used the questionnaire method, while the technique for data analysis employed the classic assumption test, hypothesis testing, linear regression, and Sobel Test.Research findings: From this study, we found that (1) there was a positive result and significant effect of transformational leadership on psychological contracts (Y1), (2) there was a positive result but not significant effect of organizational support on psychological contracts, (3) there was a positive result with significant effect of transformational leadership on organizational citizenship behavior, (4) there was a positive result with significant effect of organizational support on organizational citizenship behavior, (5) there was a positive result but not significant effect on the influence of organizational support on psychological contracts, (6) there was a positive result but not significant effect of transformational leadership on organizational citizenship behavior, and (7) there was a positive result but not significant effect of the organizational support on organizational citizenship behavior, with the psychological contract variable as a mediating variable on employees of fried chicken restaurant Ny. Suharti.Theoretical contribution/Originality: This study contributes to the understanding of the effect of transformational leadership on psychological contracts, organizational support on psychological contracts, transformational leadership on organizational citizenship behavior, organizational support on organizational citizenship behavior, organizational support on psychological contracts, and organizational support on organizational citizenship behavior, with the psychological contract variable as a mediating variable on employees.Practitioner/Policy implication: Based on the analysis results, not all variables had a positive and significant effect except for transformational leadership on psychological contracts, transformational leadership on organizational citizenship behavior, and organizational support on organizational citizenship behavior; other than these variables, it showed positive reluts but insignificant.Research limitation/Implication: The research was only conducted at the fried chicken restaurant, Ny. Suharti. Therefore, the data collected had a low level of normality.
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Smith, Susan. "Carillion: building on shaky ground". CASE Journal 18, nr 1 (12.11.2021): 6–33. http://dx.doi.org/10.1108/tcj-06-2020-0062.
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Research methodology The case uses Carillion plc, a company which focussed on providing maintenance, facilities management and energy services to buildings and large property estates, in public and private sectors; infrastructure services for roads, railways and utility networks, with contracts including road and hospital construction and many strategic service contracts, e.g. free school meals. The case uses financial analysis techniques to explore whether the failure was foreseeable and questions the extent to which existing international financial reporting standards support or inhibit the decision usefulness they aspire to. The case uses only publicly available information. Complexity academic level This case can be used in undergraduate financial reporting and current issues in accounting courses/modules at the postgraduate level.
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Alshboul, Odey, Ali Shehadeh, Ghassan Almasabha i Ali Saeed Almuflih. "Extreme Gradient Boosting-Based Machine Learning Approach for Green Building Cost Prediction". Sustainability 14, nr 11 (29.05.2022): 6651. http://dx.doi.org/10.3390/su14116651.
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Accurate building construction cost prediction is critical, especially for sustainable projects (i.e., green buildings). Green building construction contracts are relatively new to the construction industry, where stakeholders have limited experience in contract cost estimation. Unlike conventional building construction, green buildings are designed to utilize new technologies to reduce their operations’ environmental and societal impacts. Consequently, green buildings’ construction bidding and awarding processes have become more complicated due to difficulties forecasting the initial construction costs and setting integrated selection criteria for the winning bidders. Thus, robust green building cost prediction modeling is essential to provide stakeholders with an initial construction cost benchmark to enhance decision-making. The current study presents machine learning-based algorithms, including extreme gradient boosting (XGBOOST), deep neural network (DNN), and random forest (RF), to predict green building costs. The proposed models are designed to consider the influence of soft and hard cost-related attributes. Evaluation metrics (i.e., MAE, MSE, MAPE, and R2) are applied to evaluate and compare the developed algorithms’ accuracy. XGBOOST provided the highest accuracy of 0.96 compared to 0.91 for the DNN, followed by RF with an accuracy of 0.87. The proposed machine learning models can be utilized as a decision support tool for construction project managers and practitioners to advance automation as a coherent field of research within the green construction industry.
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Convery, Jane. "Standard Form Building Contracts and Duty of Care". Modern Law Review 62, nr 5 (wrzesień 1999): 766–76. http://dx.doi.org/10.1111/1468-2230.00235.
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O'Sullivan, Janet. "BUILDING CONTRACTS – IS THERE CONCURRENT LIABILITY IN TORT?" Cambridge Law Journal 70, nr 2 (20.06.2011): 291–94. http://dx.doi.org/10.1017/s0008197311000407.
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