Decisional Uncertainties in Construction Projects as a Cause of Disputes and Their Formal Legal Interpretation by the Courts: Review of Legal Cases in the United Kingdom

This paper presents the results of a receiver operating characteristic (ROC) curve analysis of the effectiveness of construction planning efforts, based on samples of building projects in Australia and the United Kingdom. The results of the study provide an evaluation of the extent of the effort that must be invested in planning and control activities to achieve success in the performance of construction projects. The study also illustrates the potential application of ROC curve analysis in construction engineering and management research. Planning efforts in a sample of 52 building projects in Australia and 37 building projects in the United Kingdom were evaluated and compared. This study builds on work done in an earlier study in which the concept of optimal planning of construction projects was explored. The ROC curve analysis offers several advantages over the regression methodology employed in the previous optimal planning study. The graphical representation of the relationship between sensitivity and specificity over all possible diagnostic cutoff points provides an insight into the interactions of the variables that was not apparent in the original methodology.Key words: construction planning, project planning, project management, ROC curve analysis, Australia, United Kingdom.

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Upscaling non-residential bio-based circular construction in the United Kingdom

IOP Conference Series Earth and Environmental Science ◽

10.1088/1755-1315/855/1/012015 ◽

2021 ◽

Vol 855 (1) ◽

pp. 012015

Author(s):

B Dams ◽

D Maskell ◽

A Shea ◽

S Allen ◽

V Cascione ◽

...

Keyword(s):

United Kingdom ◽

Case Studies ◽

Construction Projects ◽

Large Scale ◽

The United Kingdom ◽

Distribution Centre ◽

Vested Interests ◽

The Uk ◽

The University

Abstract Non-residential circular construction projects using bio-based materials have been realised in the United Kingdom. Case studies include the Adnams Distribution Centre, the University of East Anglia’s Enterprise Centre and the British Science Museum’s hempcrete storage facility. The bio-based buildings utilise the natural properties of bio-based materials to insulate and regulate internal environments, particularly with reducing fluctuations in temperature and relative humidity, which can be harmful to sensitive stored products and artefacts. Projects have been successful on both on environmental and physical performance levels; however, they have not led to a subsequent proliferation of non-residential large-scale circular projects within the UK using emerging bio-based materials. This study examines why and uses analysis based upon exclusive interviews with key figures associated with bio-based case studies. Challenges faced include the ability to upscale production by manufacturers of bio-based materials, problems surrounding initial costs, gaining accreditation for materials, the vested interests present in the construction industry and levels of knowledge among clients and construction professionals. Potential upscaling solutions identified include long-term financial savings on running costs and high staff productivity, policies regarding grants, incentives and planning applications and local economic regeneration.

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CAUSES OF VARIATION ORDERS FOR MEGA CONSTRUCTION PROJECTS

Proceedings of International Structural Engineering and Construction ◽

10.14455/isec.res.2016.116 ◽

2016 ◽

Vol 3 (2) ◽

Author(s):

Samer Ezeldin ◽

Amr Khaled El-Sadek

Keyword(s):

United Kingdom ◽

Construction Projects ◽

Construction Project ◽

Project Schedule ◽

Mena Region ◽

Project Cost ◽

Change Orders ◽

The United Kingdom

Variations or change orders are inevitable in any construction project. They are defined as any change that happens in the scope of the project. Change is an additional scope of work, omission, or even alteration. This paper presents the main causes of variation orders in MENA region represented by Egypt. The research investigates the causes, as identified by clients, consultants, and contractors. It classifies them into four main categories: owner related, contractor related, consultant related, and other causes. The top 10 most important causes are ranked among the opinion of each party. The study reveals that the top 3 causes are: 1) The client instruction of additional works; 2) The contractor using ambiguous areas in the contract to request variations, and 3) continuous changes in the project schedule. A comparison about causes of variations was performed between Egypt, Palestine, Malaysia, and the United Kingdom. Furthermore, a model is proposed to provide the user with a scale that predicts the effect of the events triggering variations on both project cost and time.

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The impact of occupational health and safety regulations on prevention through design in construction projects: Perspectives from Spain and the United Kingdom

Work ◽

10.3233/wor-152148 ◽

2015 ◽

Vol 53 (1) ◽

pp. 181-191 ◽

Cited By ~ 8

Author(s):

María Dolores Martínez-Aires ◽

María Carmen Rubio Gámez ◽

Alistair Gibb

Keyword(s):

United Kingdom ◽

Occupational Health ◽

Construction Projects ◽

Health And Safety ◽

Occupational Health And Safety ◽

The United Kingdom ◽

Safety Regulations ◽

Prevention Through Design ◽

The Impact

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Informed consent

The Bone & Joint Journal ◽

10.1302/0301-620x.100b6.bjj-2017-1542.r1 ◽

2018 ◽

Vol 100-B (6) ◽

pp. 687-692 ◽

Cited By ~ 5

Author(s):

D. J. McCormack ◽

A. Gulati ◽

J. Mangwani

Keyword(s):

United Kingdom ◽

Informed Consent ◽

The United States ◽

Health Board ◽

Legal Cases ◽

The United Kingdom ◽

National Guidance ◽

English Speaking ◽

Medical Paternalism ◽

English Speaking World

Our aim in this paper was to investigate the guidelines and laws governing informed consent in the English-speaking world. We noted a recent divergence from medical paternalism within the United Kingdom, highlighted by the Montgomery v Lanarkshire Health Board ruling of 2015. We investigated the situation in the United Kingdom, Australia, New Zealand, Canada, and the United States of America. We read the national guidance regarding obtaining consent for surgical intervention for each country. We used the references from this guidance to identify the laws that helped inform the guidance, and reviewed the court documents for each case. There has been a trend towards a more patient-focused approach in consent in each country. Surgeons should be aware of the guidance and legal cases so that they can inform patients fully, and prevent legal problems if outdated practices are followed. Cite this article: Bone Joint J 2018;100-B:687–92.

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New paradigms for public procurement of construction projects in the United Kingdom — potential applicability in Spain

Canadian Journal of Civil Engineering ◽

10.1139/l07-100 ◽

2008 ◽

Vol 35 (3) ◽

pp. 276-286 ◽

Cited By ~ 4

Author(s):

M. Pilar de la Cruz ◽

Alfredo del Caño ◽

Elisa de la Cruz

Keyword(s):

United Kingdom ◽

Construction Projects ◽

Public Procurement ◽

Medium Term ◽

The United Kingdom ◽

Improvement Strategies ◽

Potential Applicability ◽

Potential Improvement ◽

The Uk ◽

Delphi Analysis

The authors have studied the construction-related public procurement environment in the United Kingdom to identify and analyze potential improvement strategies that may be applied in Spain. The paper comprises a comparative analysis of the environments in both countries. It focuses on recent programs to enhance the efficiency of the British administration, and includes suggestions for improving those programs and the main keys to their success. A Delphi analysis was carried out in Spain to assess, in qualitative terms, how efficiently and easily those strategies could be implemented there. The results indicate that, if implemented, many of those potential strategies would pose significant difficulties in the short and medium term. Therefore, the reasons for those feasibility problems are summarized. In any case, specific strategies used in the UK environment, explained here, could be useful for Spain and other countries with similar characteristics.

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Not what to wear? Employers’ liability for dress codes?

International Journal of Discrimination and the Law ◽

10.1177/1358229118757867 ◽

2018 ◽

Vol 18 (1) ◽

pp. 40-51 ◽

Cited By ~ 1

Author(s):

Sam Middlemiss

Keyword(s):

United Kingdom ◽

Legal Protection ◽

Legal Basis ◽

Legal Cases ◽

The United Kingdom ◽

Recent Interest ◽

Dress Codes ◽

High Heels ◽

Transgender Discrimination ◽

Research Studies

This article argues that in the United Kingdom currently there is a lack of an effective legal basis for challenging the imposition by employers of unfair or discriminatory dress codes in the workplace on employees or workers. Given the breadth of this topic, it will not be possible to also consider appearance or grooming standards such as outlawing beards or banning piercings or tattoos. Also consideration will be restricted to the aspects of discrimination which are contentious or most affected by dress codes or have not been dealt with in detail elsewhere namely sex and transgender discrimination. It is sadly the case that there is often uncertainty on the part of both employers and employees about when dress codes are acceptable or not and this should be addressed. There have been a number of research studies and legal cases highlighted recently which make this article timely. The cases tend to support the employers managerial prerogative to impose dress restrictions. Of recent interest is an incident where a woman was sent home from work on her first day for not wearing high heels which caused a public outcry, of which, more later. Clearly dress codes are often contentious and can lead to the discontent of employees and workers. In the absence of adequate legal protection in the United Kingdom, this article will examine what steps should be taken by management and legislators to deal with the problem of dress codes.

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Construction Disputes and Associated Contractual Knowledge Discovery Using Unstructured Text-Heavy Data: Legal Cases in the United Kingdom

Sustainability ◽

10.3390/su13169403 ◽

2021 ◽

Vol 13 (16) ◽

pp. 9403

Author(s):

JeeHee Lee ◽

Youngjib Ham ◽

June-Seong Yi

Keyword(s):

Text Mining ◽

Knowledge Discovery ◽

Construction Projects ◽

Large Scale ◽

Lessons Learned ◽

Final Decision ◽

Legal Cases ◽

Construction Disputes ◽

The United Kingdom ◽

Pairwise Correlations

Construction disputes are one of the main challenges to successful construction projects. Most construction parties experience claims—and even worse, disputes—which are costly and time-consuming to resolve. Lessons learned from past failure cases can help reduce potential future risk factors that likely lead to disputes. In particular, case law, which has been accumulated from the past, is valuable information, providing useful insights to prepare for future disputes. However, few efforts have been made to discover legal knowledge using a large scale of case laws in the construction field. The aim of this paper is to enhance understanding of the multifaceted legal issues surrounding construction adjudication using large amounts of accumulated construction legal cases. This goal is achieved by exploring dispute-related contract terms and conditions that affect judicial decisions based on their verdicts. This study builds on text mining methods to examine what type of contract conditions are frequently referenced in the final decision of each dispute. Various text mining techniques are leveraged for knowledge discovery (i.e., analyzing frequent terms, discovering pairwise correlations, and identifying potential topics) in text-heavy data. The findings show that (1) similar patterns of disputes have occurred repeatedly in construction-related legal cases and (2) the discovered dispute topics indicate that mutually agreed upon contract terms and conditions are import in dispute resolution.

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