Part I Commercial Arbitration in the Energy Sector, 5 Energy Construction and Infrastructure Disputes

Author(s):  
Rees Peter ◽  
Connors Jess

This chapter discusses the types of disputes which commonly arise in relation to energy and infrastructure construction projects. In terms of physical subject matter — that is, what is being built — this encompasses a wide range of structures, both onshore and offshore. The chapter describes the types of energy and infrastructure construction projects covered here. Moreover, it shows that, despite the variety of problems which can arise in disputes, there are common pressure points in projects which give rise to similar issues. Therefore, the chapter identifies some of the standard form contracts which are used (often in an adapted form) in these types of projects. Next, the chapter considers — from an English law perspective — some of the types of clauses which commonly feature in energy and infrastructure construction contracts.

2021 ◽  
Author(s):  
Ksenija Čulo ◽  
Vladimir Skendrović

Infrastructure is a broad term encompassing a wide range of facilities from roads and railway lines to wind, waste and water projects, oil and gas facilities, pipelines and processing plants. Whilst infrastructure construction contracts have key provisions in common, there is no one standard form that fits all projects. Any standard form will need to be tailored to suit the demands of the projects, the risk profile of the parties and comply with the legal jurisdiction of the contract and project location. Increasingly contractors are enhancing their expertise and working on infrastructure projects internationally. As a result, the forms of construction contracts used are becoming more standardized. Nowadays, FIDIC forms of contract are intended to be suitable for projects carried out around the world by all types of employers with the extensive support of large investors such as the World Bank or the European Union. The terms of the Conditions of Contract for Construction have been prepared by the Fédération Internationale des Ingénieurs-Conseils (FIDIC). Two most frequently used FIDIC models of construction contracts are Conditions of Contract for Construction (known as Red Book) and Conditions of Contract for Plant and Design-Build (known as Yellow Book). These general conditions are also used as contract conditions in Croatia for public procurement of transport infrastructure projects. The use of FIDIC General Conditions of Contract in the realization of transport infrastructure construction works in Croatia is presented in the paper.


Writing from a wide range of historical perspectives, contributors to the anthology shed new light on historical, theoretical and empirical issues pertaining to the documentary film, in order to better comprehend the significant transformations of the form in colonial, late colonial and immediate post-colonial and postcolonial times in South and South-East Asia. In doing so, this anthology addresses an important gap in the global understanding of documentary discourses, practices, uses and styles. Based upon in-depth essays written by international authorities in the field and cutting-edge doctoral projects, this anthology is the first to encompass different periods, national contexts, subject matter and style in order to address important and also relatively little-known issues in colonial documentary film in the South and South-East Asian regions. This anthology is divided into three main thematic sections, each of which crosses national or geographical boundaries. The first section addresses issues of colonialism, late colonialism and independence. The second section looks at the use of the documentary film by missionaries and Christian evangelists, whilst the third explores the relation between documentary film, nationalism and representation.


2017 ◽  
Vol 5 (2) ◽  
pp. 80-96
Author(s):  
Raid Saleem Abd Ali ◽  
Nooran kanaan Yassin

This research aims to diagnose and identify the causes of claims and disputes between the contractor and the employer, also review the methods used to resolve disputes in construction contracts. In order to achieve the goal of the research, scientific methodology is followed to collect information and data on the subject of claims and disputes in construction projects in Iraq through personal interviews and questionnaire form. The most important results in this research are: the price schedule contract as a kind of competitive contracts is the most important and guarantee for the completion of minimum level of claims and disputes with relative importance of (84.1), compared with the (cost plus a percentage of the cost contract) as a kind of negotiating contracts is the most relative importance of (79.6), and the turnkey contract as a kind of special contracts is the most relative importance of (74.2). The  contractor and  his agents are one of the most influence sources in occurring claims and disputes in construction contracts with relative importance of (77.4) followed by the contract documents with relative importance of (74.2) and then the employer with relative importance of (73.2). In addition to the long period of litigation and the multiplicity of veto grades are most negative when contractual disputes have resolved by it, and with relative importance of (86), followed by the large number of issues and lack of efficiency and specialty of Judges with relative importance (78.4). Finally, the direct negotiation method (relative importance of 77) is one of the most friendly settlement ways favored by conflicted parties, while the resolution of disputes and claims board (relative importance of 10) occupied the last rank in the friendly settlement ways.


Author(s):  
Julia Yates

Career theories are developed to help make sense of the complexity of career choice and development. The intricacy of the subject matter is such that career theories most often focus on one or two aspects of the phenomenon. As such, the challenges of integrating the theories with each other, and integrating them within career practice, are not insignificant. In this chapter, an overview of the theoretical landscape is offered that illustrates how the theories align with each other to build up a comprehensive picture of career choice and development. The chapter introduces a wide range of theoretical frameworks, spanning seven decades and numerous academic disciplines, and discusses the most well-known theorists alongside less familiar names. The chapter is structured around four concepts: identity, environment, career learning, and psychological career resources. Suggestions are offered for the incorporation of theories in career practice.


2017 ◽  
Vol 10 (1) ◽  
pp. 5-31 ◽  
Author(s):  
Anna-Maija Hietajärvi ◽  
Kirsi Aaltonen ◽  
Harri Haapasalo

Purpose The effective management of inter-organizational integration is central to complex projects. Such projects pose significant challenges for integration, as organizations struggle with constantly changing inter-organizational interdependencies and must develop and adapt integration mechanisms to meet new demands. The purpose of this paper is to understand what kinds of integration mechanisms are used and how they are developed and adjusted during the infrastructure alliance projects. Design/methodology/approach This study provides empirical evidence of integration dynamics in project alliancing by analyzing two infrastructure alliance projects – a complex tunnel construction project and a railway renovation project. The research approach is an inductive case study. Findings This paper identifies integration mechanisms adopted in two case projects and three central triggers that led to changes in the integration mechanisms: project lifecycle phase, unexpected events and project team’s learning during the project. Practical implications Integration capability should be a precondition for alliance project organizations and requires the adoption of a wide range of integration mechanisms, as well as an ability to adjust those mechanisms in response to everyday dynamics and emergent situations. Originality/value Although unplanned contingencies and the responses to them represent important influences in organizations, there is limited amount of research on the dynamics of integration. The findings will be of value in supporting the management of inter-organizational integration in complex, uncertain and time-critical construction projects.


2020 ◽  
Vol 41 (S1) ◽  
pp. s69-s70
Author(s):  
Angie Dains ◽  
Michael Edmond ◽  
Daniel Diekema ◽  
Stephanie Holley ◽  
Oluchi Abosi ◽  
...  

Background: Including infection preventionists (IPs) in hospital design, construction, and renovation projects is important. According to the Joint Commission, “Infection control oversights during building design or renovations commonly result in regulatory problems, millions lost and even patient deaths.” We evaluated the number of active major construction projects at our 800-bed hospital with 6.0 IP FTEs and the IP time required for oversight. Methods: We reviewed construction records from October 2018 through October 2019. We classified projects as active if any construction occurred during the study period. We describe the types of projects: inpatient, outpatient, non–patient care, and the potential impact to patient health through infection control risk assessments (ICRA). ICRAs were classified as class I (non–patient-care area and minimal construction activity), class II (patients are not likely to be in the area and work is small scale), class III (patient care area and work requires demolition that generates dust), and class IV (any area requiring environmental precautions). We calculated the time spent visiting construction sites and in design meetings. Results: During October 2018–October 2019, there were 51 active construction projects with an average of 15 active sites per week. These sites included a wide range of projects from a new bone marrow transplant unit, labor and delivery expansion and renovation, space conversion to an inpatient unit to a project for multiple air handler replacements. All 51 projects were classified as class III or class IV. We visited, on average, 4 construction sites each week for 30 minutes per site, leaving 11 sites unobserved due to time constraints. We spent an average of 120 minutes weekly, but 450 minutes would have been required to observe all 15 sites. Yearly, the required hours to observe these active construction sites once weekly would be 390 hours. In addition to the observational hours, 124 hours were spent in design meetings alone, not considering the preparation time and follow-up required for these meetings. Conclusions: In a large academic medical center, IPs had time available to visit only a quarter of active projects on an ongoing basis. Increasing dedicated IP time in construction projects is essential to mitigating infection control risks in large hospitals.Funding: NoneDisclosures: None


1994 ◽  
Vol 19 (1) ◽  
pp. 13-18
Author(s):  
Richard Jones

As a general medical journal, The BMJ contains a wide range of subject matter, and many types of information need to be incorporated in its semi-annual index. Index Medicus vocabulary can be used for clinical articles, but non-clinical matter presents problems of ‘soft’ language. A weekly publication, the BMJ runs to about 1600 pages a volume, so succinct indexing is important, as is keeping to schedule. The number of authors and the vagueness of journal users present particular problems that can be ameliorated by the design of the index. Medline is a useful adjunct for subject access. Both the journal and the index have changed during a decade in which social and political aspects of medicine have assumed greater importance.


1970 ◽  
Vol 4 (2) ◽  
pp. 121-148
Author(s):  
ZS Ebigbagha

Colour studies have generated much confusion in art and design education, particularly among students of the discipline in Nigeria. This is due to the complexity of the subject matter itself, wide-range of available materials and a variety of concepts developed in its multi-disciplinarity that is not kept distinct. Therefore, this paper utilizes a qualitative approach that employs the critical, historical, and analytic examination to provide clarification on the constructive and expressive aspects of colour studies. The paper introduces the reader to the pivotal role of colour and its multi-disciplinary interest. Also, it adequately clarifies paradigms and theories in the physical, psychophysical and psychological domains with particular emphasis on areas of practical value to art and design. Moreover, it considers the numeric adaptation of the colour wheel to a set of numbers for harmonic relationship. And it ends with the need for artists and designers to comprehensively grasp the contextual behaviour of colour and develop colour originality through creative construction and effective use in order to successfully express themselves in colour.


2004 ◽  
Vol 10 (3) ◽  
pp. 109-115 ◽  
Author(s):  
Sigitas Mitkus

Sharing of the risk and liability is one of the most important functions of construction contracts. Proper sharing of the risks and liability between the parties of construction contract has a rather big influence on efficiency, quality, and probability of arising disputes between the parties of construction contract in construction projects. A lot of risk exists during the fulfillment of construction projects. One of those risks is the risk of defects of building products. The question of the liability of the parties of construction contract for inappropriate quality of the construction production caused by a bad quality of building products mainly depends on sharing of the risk of defects of building materials in the construction contract. Some aspects of the mentioned risk and liability of the parties of the construction contract might be set by mutual agreement in the construction contract. The other aspects are regulated by imperative norms of the law and the parties of construction contract have not a right to change those imperative conditions of sharing of risks and liability. The article deals with sharing of risk and liability for supplying building products of an improper quality for construction, taking in to account conditions of construction contract, legal regulation and behavior of parties of a construction contract. A tree of forming the alternatives of liability is presented in the article. Liability for supply of defected building products arises not only for parties of a construction contract. The producer (supplier) of building products is responsible for this as well. Variations of liability of the producer (supplier) depending on construction contract conditions are analyzed. A matrix of liability of the producer (supplier) of building products is presented in the article.


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