A practical approach in clarifying legal drafting: Delphi and case study in Malaysia

2016 ◽  
Vol 23 (5) ◽  
pp. 610-621
Author(s):  
Heap-Yih Chong ◽  
Chee Kheng Oon

Purpose Legal drafting is one of the root causes for interpretation errors and misunderstandings in construction contracts. Moreover, most construction personnel do not have legally trained background. Therefore, the purpose of this paper is to determine the feasible use and practicality of Plain English in clarifying legal drafting in Malaysian construction contracts. Design/methodology/approach Two research approaches were adopted, namely, Delphi research and case study. The Delphi method was to elicit local experts’ knowledge and consensus view on the given examples of restructured contract provisions. Next, an actual case study was conducted to examine and substantiate the research findings by critically reviewing the latest and revised standard form of contract for its Plain English usage. Findings The Delphi research shows that all the restructured contract provisions were agreed by the local experts; whereas the case study reveals that significant changes and the acceptance of Plain English in most of the contract provisions. Originality/value The research renders insightful references in clarifying legal drafting in construction contracts based on the empirical evidence and the use of Plain English from the Malaysian scenario. It also contributes into the resolution of contractual differences and conflicts caused by the misunderstandings or interpretation problems.

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Anna Dubois ◽  
Lars-Erik Gadde ◽  
Lars-Gunnar Mattsson

Purpose The purpose of the paper is to describe and analyse the evolution of the supplier base of a buying firm and the reasons behind these changes. Design/methodology/approach The paper is based on a case study of the changes over 52 years in a sub-set of the supplier base of a firm manufacturing fork-lifts. Findings The study shows that some relationships feature substantial longevity. However, the duration of one-third of the total relationships is shorter than five years. There was considerable variation over time in the dynamics of the supplier base in terms of entries and exits of suppliers. Owing to this variation, research findings and conclusions in short-term studies are heavily dependent on the specific conditions at the time of the study. Finally, no less than one-fourth of the terminated supplier relationships were reactivated later. Research limitations/implications The study was designed in a time when purchasing was considered entirely from the perspective of the buying firm. Further studies, therefore, must increasingly emphasise the role of suppliers and the interaction in the buyer–supplier relationships, as well as the embeddedness in networks. Originality/value The findings of the study are unique in two ways. First, they are based on systematic observations over more than 50 years. Second, the study involves the purchases of 11 components representing different technical and economic features. The (few) previous studies are based on much shorter time periods and involves fewer suppliers/components. Moreover, the findings regarding re-activation of terminated relationships represent unique contributions.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mitra Salmaninezhad ◽  
S. Mahmood Jazayeri Moghaddas

PurposePier scour is one of the main causes of damage to the columns of the river bridges. It is essential to select the best method among various repair methods based on different evaluation indices. However, there is no procedure for ranking these repair methods based on their attributes. The present study seeks to set an approach for this ranking.Design/methodology/approachIn this paper, a multi-attribute decision-making (MADM) model is presented for ranking the repair techniques, in which alternatives are examined using the most important evaluation criteria. In addition, a combination of entropy and eigenvector methods has been proposed for weighting these attributes. A case study is then used to demonstrate the applicability and the validity of the method.FindingsThe execution of the model using two multi-criteria methods yielded similar results, which confirms its accuracy and precision. Moreover, the research findings showed the consistency of the objective and subjective weighting methods and the conformity of the weights obtained for the attributes from the combination of these methods to the nature of the problem.Originality/valueThe selection of the proper method for repairing the bridge columns plays an essential role in success of the bridge restoration. The proposed model introduces an approach for ranking repair methods and selecting the best one that has not been presented so far. Also, the weighing method for attributes is an innovative method for ranking restoration methods that has been proven in a case study.


2020 ◽  
Vol 18 (1) ◽  
pp. 36-52 ◽  
Author(s):  
Mahmoud Mawed ◽  
Vinay Tilani ◽  
Karima Hamani

Purpose Green retrofitting is acknowledged as an essential strategy toward achieving long-term sustainability in the built environment. To implement this strategy successfully, the role of facility managers cannot be ignored. The purpose of this paper is to investigate present practices that are used in managing the existing facilities, to highlight the elements that govern the process of green retrofitting, and discuss the efforts and contribution of facility managers in enhancing the environmental performance of the existing facilities stock in the United Arab Emirates (UAE). Design/methodology/approach This study suggests that an adequate level of awareness of the benefits of green retrofit amongst owners and decision-makers is mostly dependent on facilities management (FM) professionals, who must establish effective communication channel with senior management. FM professionals in the UAE are well equipped and competent in greening existing buildings and can simultaneously lead a building to the path of achieving green building certification. Findings To examine the role of FM in a green retrofit and its current status in the UAE built environment, a two-step qualitative method was adopted. The study started by conducting semi-structured interviews with FM professionals and then assessing the insights obtained from the interviews against an actual case study of a LEED Existing Building certified facility. Research limitations/implications Interviews were limited to FM professionals in the private sector and the results from one case study should be considered cautiously. Originality/value This paper emphasizes the primordial role of FM professionals in promoting green retrofit in the UAE.


2019 ◽  
Vol 8 (4) ◽  
pp. 325-344
Author(s):  
Trista Hollweck

PurposeThe purpose of this paper is to report on a qualitative case study that examined the potential benefits, challenges and implications of the mentor–coach (MC) role as a supportive structure for experienced teachers’ well-being and sense of flourishing in schools.Design/methodology/approachThe qualitative case study used data collected from surveys, interviews, focus groups and documentation. Data were coded and abductively analyzed using the “framework approach” with and against Seligman’s well-being PERMA framework. In order to include an alternative stakeholder perspective, data from a focus group with the district’s teacher union executive are also included.FindingsUsing the constituting elements of Seligman’s well-being (PERMA) framework, experienced teachers reported positive emotion, engagement, positive relationships, meaning and accomplishment from their MC experience. However, the MC role is not a panacea for educator well-being. Rather, the quality and effectiveness of the mentoring and coaching relationship is a determining factor and, if left unattended, negative experiences could contribute to their stress and increased workload.Research limitations/implicationsThe data used in this study were based on a limited number of survey respondents (25/42) and the self-selection of the interview (n=7) and focus group participants (n=6). The research findings may lack generalizability and be positively skewed.Originality/valueThis study contributes to the current lack of empirical research on the MC experience and considers some of the wider contextual factors that impact effective mentoring and coaching programs for educators.


2014 ◽  
Vol 18 (6) ◽  
pp. 1101-1126 ◽  
Author(s):  
Peter Massingham

Purpose – This paper aims to evaluate a range of best practice knowledge management (KM) ideas used to manage knowledge flows and enablers. In total, four KM toolkits and 23 KM tools were tested over a five-year period (2008-2013), as part of a large-scale longitudinal change project. Each tool was assessed against an evaluative framework designed to test criticisms of KM: strategy, implementation and performance. The results provide empirical evidence about what KM tools work and which do not and why, and outcomes for practitioners, researchers and consultants. Design/methodology/approach – This paper presents a summary of the findings of a large Australian Research Council (ARC) Linkage Project grant in the period of 2008-2013. The case study organisation (CSO) was a large public sector department, which faced the threat of lost capability caused by its ageing workforce and knowledge loss. The project aimed to solve this problem by minimising its impact via achieving learning organisation capacity. The CSO participating in the study was selected because it was a knowledge-intensive organisation, with an ageing workforce. All 150 engineering and technical staff at the CSO were invited to participate, including management and staff. An action research methodology was used. Findings – The results provide empirical evidence that KM can be used to manage knowledge flows and enablers. The highest rating toolkit was knowledge preservation, followed by knowledge usage. The most value was created by using KM to provide “why context” to structural capital (e.g. reports, databases, policies) (meta-data) and to create opportunities to reflect on experience and share the learning outcomes (peer assists and after action reviews). The results tended to support criticism that KM is difficult to implement and identified the main barriers as participation located at the tactical action research level, i.e. why is this useful? Evidence that KM works was found in progress towards learning organisation capacity and in practical outcomes. Research limitations/implications – The action research cycle and learning flows provide opportunities to examine barriers to KM implementation. The research also presents opportunities for further research to examine the findings in other organisational and industry settings, for example, the relationship between the KM toolkits and organisational change and performance, presents an important area for further research. Researchers might also consider some of the toolkits which rated poorly, e.g. knowledge sharing, and challenge these findings, perhaps selecting different KS tools for testing. The paper has limitations. It is based on a single case study organisation, offset, to some degree, by the longitudinal nature of the empirical evidence. It is ambitious and the findings may be controversial. However, the depth of the study and its findings provide rare longitudinal empirical evidence about KM and the results should be useful for practitioners, researchers and consultants. Practical implications – For practitioners, the research findings provide management with an evaluative framework to use when making decisions regarding KM. The findings provide discussion of KM toolkits and tools that may be used to manage knowledge flows and enablers. In addition to the discussion of each tool, there is analysis of what works and what does not and why, barriers to implementation as well as explanation of their impact on organisational change and performance, and a scorecard to guide toolkit choices. This method should allow managers to make sensible decisions about KM. Originality/value – The paper addresses criticisms of KM by examining the KM toolkits within the context of whether knowledge can be managed, implementation barriers may be addressed and improved organisational performance can be demonstrated. This approach allows generalisability of the findings to enable others to apply the research findings in their organisational contexts. The outcome is three sets of guidelines: strategy: which KM tools work; implementation: addressing barriers; and organisational performance: how to measure value. In doing so, the paper provides a systematic framework for evaluating KM tools. It also provides a rare opportunity to present empirical evidence gathered over a five-year longitudinal study.


2015 ◽  
Vol 15 (3) ◽  
pp. 373-386 ◽  
Author(s):  
Kirsten Martinus ◽  
David Hedgcock

Purpose – The purpose of this paper is to highlight the difficulties faced during the interview process in a cross-national qualitative comparative case study between Japan and Australia. It discusses the challenges in producing insightful data and preserving the integrity of findings when methodologies are influenced by different cultural and professional environments. Design/methodology/approach – The paper explores literature on cross-national qualitative research in the context of policy research as well as the philosophical and professional differences between Japan and Western countries (like Australia). It reflects on practical examples and strategies used by the researcher during the ethics and interview processes when adapting widely accepted qualitative case study methodology to suit the Japanese cultural and professional environment. Findings – The paper finds that linguistic, cultural, professional and philosophical differences between the countries challenged initial researcher assumptions that comparability between the case study regions would be maintained through the application of accepted methodologies and an “insider” status. It observes that the quest to generate rich and insightful data places the character and capability of the researcher as central in the research process. Originality/value – This paper provides practical examples and strategies for social science researchers using interview methods in Japan and Australian. It points to a need for further research on the ambiguous and elusive nature of the “insider” paradigm as well as the “comparability” of cross-national qualitative case studies when methodological “flexibility” is used to enrich and preserve the integrity of research findings.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Jonathan Brodeur ◽  
Robert Pellerin ◽  
Isabelle Deschamps

PurposeThis paper aims to propose a collaborative approach model developed based on observations of two aerospace manufacturing small and medium-sized enterprises (SMEs) pursuing their digital transformation toward Industry 4.0.Design/methodology/approachThis research focuses on two manufacturing SMEs in North America, and data were collected using longitudinal case study and research intervention method. Data collection was performed through observation and intervention within the collaborative projects over 18 months.FindingsA model of a collaborative approach to digital transformation (CADT) for manufacturing SMEs was produced. Based on the study findings, the collaboration manifests itself at various stages of the transformation projects, such as the business needs alignment, project portfolio creation, technology solution selection and post-mortem phase.Research limitations/implicationsResearch using the case study method has a limitation in the generalization of the model. The CADT model generated in this study might be specific to the aerospace manufacturing industry and collaboration patterns between manufacturing SMEs. The results could vary in different contexts.Practical implicationsThe proposed CADT model is particularly relevant for manufacturing SMEs' managers and consultants working on digital transformation projects. By adopting this approach, they could better plan and guide their collaboration approach during their Industry 4.0 transformation.Originality/valueThis research provides a new perspective to digital transformation approaches in the aerospace industry. It can be integrated into other research findings to formulate a more integrated and comprehensive CADT model in industries where SMEs are significant players.


2018 ◽  
Vol 30 (11) ◽  
pp. 3158-3174 ◽  
Author(s):  
Minoo H. Esfehani ◽  
Trudie Walters

Purpose Tourism and hospitality research is frequently cross language in nature; yet, English is the most used language to disseminate research findings. The use of thematic analysis is increasing; yet, critical discussions of the implications of the timing of translation when applying this method are rare. The purpose of this study is to present a model for bilingual researchers undertaking qualitative studies in their mother language who are reliant on their own language skills to translate and overcome language differences, and who are using thematic analysis. Design/methodology/approach Thematic analysis is a six-phase iterative analysis process during which the main themes are identified and a network of related themes is constructed to facilitate the interpretation of the material. The model is illustrated through reference to a research project carried out by the first author on the role and manifestation of intangible cultural heritage in tourism in protected areas in Iran. Findings The model introduces translation as an internal procedure within thematic analysis, situating it between the second and third phases when the codes are being consolidated into basic themes. Translation is viewed as a part of the iterative process of thematic analysis. Originality/value This model is the first to provide bilingual cross-language researchers with a practical and epistemologically, methodologically and ethically sound rationale for the timing of translation when using thematic analysis. While it was developed on a tourism case study, the authors believe it is applicable to research in other disciplines where cross-language qualitative analysis is used.


2019 ◽  
Vol 47 (4) ◽  
pp. 412-432 ◽  
Author(s):  
Yassine Benrqya

Purpose The purpose of this paper is to investigate the costs/benefits of implementing the cross-docking strategy in a retail supply chain context using a cost model. In particular, the effects of using different typologies of cross-docking compared to traditional warehousing are investigated, taking into consideration an actual case study of a fast-moving consumer goods (FMCG) company and a major French retailer. Design/methodology/approach The research is based on a case study of an FMCG company and a major French retailer. The case study is used to develop a cost model and to identify the main cost parameters impacted by implementing the cross-docking strategy. Based on the cost model, a comparison of the main cost factors characterizing four different configurations is made. The configurations studied are, the traditional warehousing strategy (AS-IS configuration, the reference configuration for comparison), where both retailers and suppliers keep inventory in their warehouses; the cross-docking pick-by-line strategy, where inventory is removed from the retailer warehouse and the allocation and sorting are performed at the retailer distribution centre (DC) level (TO-BE1 configuration); the cross-docking pick-by-store strategy, where the allocation and sorting are done at the supplier DC level (TO-BE2 configuration); and finally a combination of cross-docking pick-by-line strategy and traditional warehousing strategy (TO-BE3 configuration). Findings The case study provides three main observations. First, compared to traditional warehousing, cross-docking with sorting and allocation done at the supplier level increases the entire supply chain cost by 5.3 per cent. Second, cross-docking with allocation and sorting of the products done at the retailer level is more economical than traditional warehousing: a 1 per cent reduction of the cost. Third, combining cross-docking and traditional warehousing reduces the supply chain cost by 6.4 per cent. Research limitations/implications A quantitative case study may not be highly generalisable; however, the findings form a foundation for further understanding of the reconfiguration of a retail supply chain. Originality/value This paper fills a gap by proposing a cost analysis based on a real case study and by investigating the costs and benefits of implementing different configurations in the retail supply chain context. Furthermore, the cost model may be used to help managers choose the right distribution strategy for their supply chain.


2016 ◽  
Vol 39 (9) ◽  
pp. 1122-1142 ◽  
Author(s):  
Morten Emil Berg ◽  
Jan Terje Karlsen

Purpose The purpose of this paper is to describe and discuss how project managers practice a coaching leadership style (CLS). Design/methodology/approach This paper is based on a case study of an organization practicing coaching in projects. Findings The research findings show that to succeed with a CLS, project managers must have a large toolbox, which includes signature strengths, self-management and a give culture. Further, the paper describes how a model consisting of two learning processes can help to implement a CLS in practice. Research limitations/implications This study is exploratory, contributing to the development of a substantive theory. Theory testing as well as more in-depth investigation of mental models of a CLS would be valuable. Practical implications Coaching leadership theories offer insights that can be leveraged to make project management more effective through improved research foundations. Originality/value This paper focuses on how a CLS is carried out in projects and how it can be improved and should thus be of interest to managers searching for tools and models for effective leadership.


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