Building competence to manage contractual claims in international construction environment

2006 ◽  
Vol 13 (1) ◽  
pp. 96-113 ◽  
Author(s):  
Adekunle Sabitu Oyegoke

PurposeThis study was motivated by a belief that existing knowledge on management of a contractual claim in international contracting practice is different from a standardised local practice. The paper is aimed at building competence for managing contractual claims in a standardised practice.Design/methodology/approachComparative studies of British and Finnish contracting practices were used to determine the reason why claims are not pronounced in a standardised practice. Empirical study via direct interviews and questionnaires of a Finnish‐based contractor operating in the Russian markets was used. The players are three‐dimensional in nature where the client, consultants, and contractor come from different countries/practices and two of the projects studied were joint ventures.FindingsThe findings show the effects of: legal system, procurement methods, standardised practice and size of the market on the management of contractual claims. The remedial measures suggested include: operational management, i.e. learning through personal contacts, and management competence development of employees by learning through proper communication and education programmes in a form of continuing professional development.Originality/valueManagement of claims in the construction industry is vital to a successful implementation of the project. It brings about a fair dealing between the project owner and the contractor, improves contractor's cashflow and discourages abandonment of project and disputes. Lack of knowledge in managing claims constitutes a threat to successful implementation of project. The engagement of an expert and knowledge transfer through joint ventures/partnerships are suggested as solutions.

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mershack Opoku Tetteh ◽  
Albert P.C. Chan ◽  
Amos Darko ◽  
Sitsofe Kwame Yevu ◽  
Emmanuel B. Boateng ◽  
...  

PurposeInternational construction joint ventures (ICJVs) are an effective strategy for construction companies worldwide for delivering large and complex projects. Despite numerous ICJVs studies, there is a lack of comprehensive empirical examination of what drives ICJVs implementation. This study aims to investigate the key drivers for implementing ICJVs through an international survey.Design/methodology/approachGrounded on a comprehensive literature review and structured questionnaire survey, 123 ICJV experts' responses from 24 different countries/jurisdictions were analyzed using inferential and descriptive statistics. Mann–Whitney U test was used to determine any divergence of ranking of the drivers by the experts. Factor analysis (FA) was used to identify the clusters underlying the key drivers. Rank agreement analysis was later used to investigate the consensus between experts from developing and developed countries/jurisdictions on their ranking of the clusters.FindingsOut of 34 factors, 26 factors greatly drive the implementation of ICJVs. Mann–Whitney U test results prove the absence of significant disparity among the experts in the ranking of the drivers. Six clusters were obtained through factor analysis (FA), namely, market-penetration and innovation-driven drivers, legal and market-driven drivers, fiscal incentives and market expansion drivers, personal branding drivers, sustainable advantage/power drivers and industrial and organizational promotion drivers. Rank agreement analysis exhibited varied levels of concurrence between professionals from developed and developing countries/jurisdictions.Practical implicationsThe appreciation of the factors motivating ICJVs is beneficial to the successful implementation of ICJV strategies. A clear understanding of the drivers can help practitioners and policymakers to customize their ICJVs to reap the expected benefits.Originality/valueThe study has generated valuable insights into the factors that are greatly driving the implementation of ICJVs worldwide. While the findings of this study provide a profound contribution to theory and practice, it contributes to sustainable growth in different perspectives.


Sensor Review ◽  
2017 ◽  
Vol 37 (3) ◽  
pp. 312-321 ◽  
Author(s):  
Yixiang Bian ◽  
Can He ◽  
Kaixuan Sun ◽  
Longchao Dai ◽  
Hui Shen ◽  
...  

Purpose The purpose of this paper is to design and fabricate a three-dimensional (3D) bionic airflow sensing array made of two multi-electrode piezoelectric metal-core fibers (MPMFs), inspired by the structure of a cricket’s highly sensitive airflow receptor (consisting of two cerci). Design/methodology/approach A metal core was positioned at the center of an MPMF and surrounded by a hollow piezoceramic cylinder. Four thin metal films were spray-coated symmetrically on the surface of the fiber that could be used as two pairs of sensor electrodes. Findings In 3D space, four output signals of the two MPMFs arrays can form three “8”-shaped spheres. Similarly, the sensing signals for the same airflow are located on a spherical surface. Originality/value Two MPMF arrays are sufficient to detect the speed and direction of airflow in all three dimensions.


Author(s):  
Marcin Lefik ◽  
Krzysztof Komeza ◽  
Ewa Napieralska-Juszczak ◽  
Daniel Roger ◽  
Piotr Andrzej Napieralski

Purpose The purpose of this paper is to present a comparison between reluctance synchronous machine-enabling work at high internal temperature (HT° machine) with laminated and solid rotor. Design/methodology/approach To obtain heat sources for the thermal model, calculations of the electromagnetic field were made using the Opera 3D program including effect of rotation and the resulting eddy current losses. To analyse the thermal phenomenon, the 3D coupled thermal-fluid (CFD) model is used. Findings The presented results show clearly that laminated construction is much better from a point of view of efficiency and temperature. However, solid construction can be interesting for high speed machines due to their mechanical robustness. Research limitations/implications The main problem, despite the use of parallel calculations, is the long calculation time. Practical implications The obtained simulation and experimental results show the possibility of building a machine operating at a much higher ambient temperature than it was previously produced for example in the vicinity of the aircraft turbines. Originality/value The paper presents the application of fully three-dimensional coupled electromagnetic and thermal analysis of new machine constructions designed for elevated temperature.


2016 ◽  
Vol 23 (5) ◽  
pp. 1111-1131 ◽  
Author(s):  
AbdulLateef Olanrewaju

Purpose – The opportunities that the emerging markets present to the players in the construction industry means that the players need to expand on the scope and size of their responsibilities and duties to the stakeholders. Each of the professionals now demands more specialised and sophisticated services from one another. The other players in the construction industry now require more emerging responsibilities and duties from the quantity surveyors. The purpose of this paper is to examine the roles that “modern” quantity surveyors play by measuring the gaps that exist in the services that the quantity surveyors provide. Design/methodology/approach – Primary data are collected through survey questionnaires. In total, 23 roles played by modern quantity surveyors are identified and addressed to the respondents to rank the rate at which quantity surveyors provide these “emerging” services. The collected data were analysed statistically. Findings – The results of the findings led to the conclusion that the quantity surveyors were not meeting the expectations of other players. Therefore, for competitiveness, quantity surveyors need to better meet demand expectations. Research limitations/implications – This findings of this research are constrained to the services or functions that the quantity provide in the construction industry. Practical implications – This knowledge is valuable to academic institutions that offer quantity surveying programmes, to practicing quantity surveyors, governments, and other players in the construction industry. It will allow quantity surveyors to reconcile supply and demand expectations. Originality/value – There is no known conclusive empirical study on services offered by quantity surveyors in any emerging markets. Therefore, the findings offer a fresh understanding on the services of quantity surveyors not only in Nigeria but elsewhere. While some of the services are common, others are peculiar to emerging markets.


2014 ◽  
Vol 5 (4) ◽  
pp. 262-278
Author(s):  
A. Sellitto ◽  
R. Borrelli ◽  
F. Caputo ◽  
A. Riccio ◽  
F. Scaramuzzino

Purpose – The purpose of this paper is to investigate on the behaviour of a delaminated stiffened panel; the delamination growth is simulated via fracture elements implemented in B2000++® code based on the Modified Virtual Crack Closure Technique (MVCCT), matrix cracking and fibre failure have been also taken into account. Design/methodology/approach – In order to correctly apply the MVCCT on the delamination front a very fine three-dimensional (3D) mesh is required very close to the delaminated area, while a 2D-shell model has been employed for the areas of minor interest. In order to couple the shell domain to the solid one, shell-to-solid coupling elements based on kinematic constraints have been used. Findings – Results obtained with the global/local approach are in good correlation with those obtained with experimental results. Originality/value – The global/local approach based on kinematic coupling elements in conjunction with fracture elements allows to investigate and predict the behaviour of a stiffened delaminated composite panel in an efficient and effective way.


Author(s):  
Aly Elgayar ◽  
Salwa Mamoun Beheiry ◽  
Alaa Jabbar ◽  
Hamad Al Ansari

Purpose Over the past decade, the United Arab Emirates (UAE) introduced several green regulatory guidelines, federal decrees, and a considerable number of environmentally friendly initiatives. Hence, the purpose of this paper is to investigate the top green materials and systems used currently in the UAE construction industry as per the new laws dictate as well as see if professionals are switching over to incorporate more green materials, systems, and/or designs. Design/methodology/approach The work involved reviewing internationally popular green materials and systems for construction, developing a questionnaire based on the literature review, surveying professionals in the seven UAE emirates, and ranking the findings based on the relative importance index. Findings Findings found the top used green materials and system in the UAE’s construction industry. As well as identified that there is a communication gap between the design and implementation phases that is possibly hindering the use of more green materials and systems. Originality/value This study sets a baseline to measure the UAE’s progress over the coming years in terms of integrating more green construction materials, systems, methodologies, and trends.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Stephen Akunyumu ◽  
Frank D.K. Fugar ◽  
Emmanuel Adinyira

Purpose The purpose of this study was to assess the readiness of construction companies in Ghana to partner with foreign companies in international construction joint ventures (ICJVs). Design/methodology/approach Using the Verify End-User e-Readiness using a Diagnostic Tool (VERDICT) model, a survey with 31 construction companies was conducted to assess their readiness through four pre-defined elements of readiness. Findings The results indicated the readiness of construction companies to collaborate with potential foreign partners in ICJVs. Notwithstanding, certain areas such as management commitment to change, employee buy-in, process flexibility and technology infrastructure need improvement in some firms to achieve readiness. Government has a role in ensuring the readiness of domestic firms for the international market. Originality/value This study applies the VERDICT model, a tool originally designed to assess construction organizations’ readiness for e-commerce, to assess the readiness of Ghanaian construction companies for ICJVs.


2018 ◽  
Vol 25 (9) ◽  
pp. 3386-3405 ◽  
Author(s):  
Maryam Hassani ◽  
Arash Shahin ◽  
Manouchehr Kheradmandnia

Purpose The purpose of this paper is to examine the application of C-shaped QFD 3D Matrix in comparing process characteristics (PC), performance aspects (PA) and customer requirements, simultaneously and to prioritize the first two sets, respectively. Design/methodology/approach A three dimensional matrix has been developed with three sets of PC, PA and customers’ requirements and C-shaped matrix has been applied for simultaneous comparison of the dimensions and prioritization of the subsets of PC and PA. The proposed approach has been examined in a post bank. Findings Findings confirm the possibility of simultaneous comparison and prioritization of the three sets of dimensions of this study in post bank services. In addition, “growth and learning” and “bilateral relationship with suppliers” had the first priorities among PA and PC, respectively. Research limitations/implications While the proposed approach has many advantages, filling the matrixes is time-consuming. Since illustrating the 3D matrix was not possible, the matrix was separated into five two-dimensional matrixes. Originality/value Compared to the studied literature, the proposed approach is practically new in the post bank services.


2015 ◽  
Vol 32 (6) ◽  
pp. 603-616 ◽  
Author(s):  
Kenn Jhun Kam ◽  
Ahmad Hilmy Abdul Hamid

Purpose – The purpose of this paper is to investigate contractors’ awareness level and adoption of QLASSIC assessment system in construction industry and to identify the variables that influenced the adoption of QLASSIC assessment system. Design/methodology/approach – Quantitative research method was adopted in order to test the above issues. The questionnaire composed for two parts: awareness and adoption of QLASSIC system; and the factors that influenced the adoption of QLASSIC system. Those contractors who registered under grade 6 and 7 are the scope of respondents in this study. Findings – The adoption of QLASSIC assessment is not significantly affected by the awareness whereas the motivations and barrier factors do. It was discovered that the contractors perception on QLASSIC adoption are basically due to the significant factors; the internal motivations and barrier. The major influencing factors are internal motivation factors, external motivation factors and barrier factors. Originality/value – This study reveals the true motives behind the adoption of QLASSIC assessment in the construction industry, where this finding significantly contributes to the understanding of contractors’ perception on this quality assurance program for the construction industry.


2018 ◽  
Vol 25 (2) ◽  
pp. 241-256 ◽  
Author(s):  
Haytham Besaiso ◽  
Peter Fenn ◽  
Margaret Emsley ◽  
David Wright

Purpose The standard forms of construction contract are receiving greater attention in the management of projects scholarship as they probably influence the project success and project disputes. The extant literature suggests that the standard forms of construction contract are one of the top sources of disputes. The purpose of this paper is to examine the effectiveness of the standard forms of construction contract, FIDIC and NEC, in reducing disputes in the Palestinian construction industry. Design/methodology/approach The researchers have used qualitative methods to collect data and more specifically have undertaken 12 semi-structured interviews. Findings The study reveals that the standard forms of construction contract can be a tool to minimise disputes, but certainly not to eradicate them, and NEC appears to be more capable than FIDIC to do so. Originality/value This study contributes to knowledge by bringing an industrial perspective into the role of standard forms of contract in disputes creation and avoidance. The interviewees, recurrent users of FIDIC contract, criticised certain features and expressions and proposed some solutions.


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