scholarly journals A comparison of the suitability of FIDIC and NEC conditions of contract in Palestine

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.

2016 ◽  
Vol 8 (2) ◽  
pp. 137-160 ◽  
Author(s):  
Ray Wall ◽  
Nii Ankrah ◽  
Jennifer Charlson

Purpose The purpose of this paper is to assess the views and experiences of mediators from different professional backgrounds practising in the construction industry. Previous research shows that the legal profession dominates construction mediation in both England and Wales. Design/methodology/approach The phenomenological approach was used to capture the lived experiences of the interviewees and gain insight into their views and practices. The data collection was by semi-structured interviews. The data was then analysed using software to establish themes. Findings The major difference in mediator practice discovered between the two groups is the use of the evaluative style by lawyer and facilitative style by non-lawyer mediators. Non-lawyer mediators strongly reported their criticisms of the evaluative style in mediation suggesting that it undermines the parties’ ability to self-determine their own dispute and reduces the level of satisfaction experienced by the parties in the process of mediation. Lawyer mediators supported the use of the evaluative style as an acceptable compromise on the parties’ self-determination and feelings of satisfaction in pursuit of achieving the goal of a settlement in mediation, which was significantly better than the escalation of stress and costs to the parties in the event that the dispute escalates to litigation. In addition, mandatory mediation, the role of advisors/advocates, governance and the future of mediation were explored. Originality/value The research is anticipated to be of particular benefit to parties considering referring a construction dispute to mediation.


2017 ◽  
Vol 35 (4) ◽  
pp. 348-363 ◽  
Author(s):  
Rand H.M. Agha ◽  
John M. Kamara

Purpose The purpose of this paper is to investigate the adaptations that have been made to traditional courtyard houses (TCHs) in Baghdad, Iraq. The aim is to develop an understanding of various factors in the adaptation of these buildings to suit contemporary lifestyles, which will contribute to the wider field of building adaptability. Design/methodology/approach Empirical evidence was collected through case studies of 12 TCHs in the Al-Kadhimiya area of Baghdad, which involved a physical survey of buildings and semi-structured interviews with 24 occupants. Findings Case study analysis show that building adaptability involves both a change to physical spaces and also to lifestyles; with the latter being more likely when there are limitations in how much change can be made to the physical structure. Research limitations/implications The focus of this research is mainly on users’ adaptation of spaces and therefore does not consider the full range of stakeholders involved in the adaptation process. The findings also only apply to the cases considered and may not be applicable to other house types or locations. Originality/value Studies on building adaptability mostly focus on the ease of change to the building fabric, although the role of users is acknowledged. This study provides insights into the complexity and variety of changes that users can make, which are influenced by lifestyles and driven by the need for comfort. These insights are represented in an adaptation model, which can serve as a basis for further research.


2014 ◽  
Vol 48 (1/2) ◽  
pp. 25-46 ◽  
Author(s):  
Edward Kasabov ◽  
Anna C.C.C. da Cunha

Purpose – The role of call-centres during service recovery has attracted much attention in research. However, marketers know less about controlling customers during recovery interactions and consequences of such control. In order to address this gap and empirically ascertain whether service interactions are marked by customer centricity or by employees exerting control over customers, the aim of the authors was to organise an empirical research in two Brazilian call-centres. Design/methodology/approach – The research consisted of direct, open observation and 33 semi-structured interviews with insiders (call-centre managers, supervisors and operatives). Findings – Four key findings emerged during interviews with insiders. First, control over customers may be more widely practiced than assumed in certain sections of marketing academe. Second, such control is viewed positively by call-centre insiders and is sanctioned by management. Third, control does not disempower and demoralise call-centre staff but protects operatives. Finally, control does not seem to unavoidably generate lasting customer dissatisfaction. These findings are incorporated in a framework of call-centre management which incorporates control through scripting. Research limitations/implications – The discussion calls for the revisit of certain marketing concepts and philosophies, including customer orientation, by demonstrating that control over customers is practised and should not be viewed negatively or avoided altogether in practice and as a topic of analysis. A re-conceptualisation of call-centres as sites of control over customers is proposed. Originality/value – Control and power are rarely analysed in services marketing. This is one of a few studies that makes sense of providers' (insiders') viewpoints and argues that control may play a constructive role and should be seen as a legitimate topic of services and call-centre analysis. As such it addresses a question of intellectual and practical importance which is rarely discussed and may be viewed as incongruous with an age when customers are assumed to have rights.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Anas Atef Shamaileh

Purpose The emergence of COVID-19 pandemic in the late 2019 was accompanied by various consequences that included almost the entire life aspects worldwide. To cope with the pandemic, imposing restricted measures was required, such as quarantine, lockdown and social distancing. The purpose of this paper is to identify the houses' interior designs responses in Jordan under Covid-19 Pandemic. Design/methodology/approach Under such conditions, people have to spend long periods inside their houses. This issue highlighted the importance and the vital role of houses interior design in meeting the various needs of residents under emergent and changing conditions. Findings This study revealed current and future responses that may be implemented to cope with the pandemic consequences in terms of houses’ interior design. Moreover, a conceptual model was proposed. Number of suggestions and further research were introduced considering the revealed findings. Originality/value This study aimed at identifying the houses’ interior design responses in Jordan under COVID-19 pandemic. The study methodology adopted both inductive and qualitative approaches to achieve its goals. Under the qualitative approach, semi-structured interviews were undertaken by interviewing ten interior designers and academics.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Carin Holmquist ◽  
Elisabeth Sundin

PurposeThe aim of this article is to discuss how age and entrepreneurship interact in the specific case of older (50+) entrepreneurs. Building on theories on entrepreneurship and theories on age and aging, the authors’ focus is on how such entrepreneurs relate to the building and running of a business organization. The authors discuss how entrepreneurship among the elderly plays out and how older entrepreneurs relate to the narratives on both age and entrepreneurship.Design/methodology/approachThis research comprises quantitative as well as qualitative studies. The authors show that qualitative methods that unfold the process over time are necessary and essential to fully understand how and why entrepreneurs start their own business and/or continue to run it at older ages.FindingsThe authors find that the choice to become an entrepreneur at the age of 50+ (or to stay as one) is not a goal in itself, becoming an entrepreneur is a means to stay active in the labor market.Originality/valueThe study findings add to entrepreneurship theory by insights on the link between entrepreneurship and the labor market where the authors argue that becoming an entrepreneur at ages 50+ might be more a question of choice of organizational form than a question on a way of living or occupation. The authors also contribute to theories on age by showing that entrepreneurs aged 50+ choose entrepreneurship as a means to be able to stay in the labor market.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Tong Lin ◽  
Sainan Lyu ◽  
Rebecca Jing Yang ◽  
Linda Tivendale

PurposePrefabricated housing has become a boom industry across the world; however, the uptake of offsite construction (OSC) approaches in Australian low-rise buildings is rather low compared with high-rise buildings in other countries. This study aims to investigate and analyse the adoption of different levels of OSC approaches and the selection of different procurement options in Australian low-rise residential buildings.Design/methodology/approachThe research objectives were pursued through a mixed research method. An empirical questionnaire survey was carried out with 35 professionals in the Australian building and construction industry. Semi-structured interviews were conducted with 20 interviewees and analysed using thematic analysis method in NVivo software.FindingsThe research results found that the most suitable OSC level for Australian low-rise buildings is components-based prefabrication and identified the barriers to OSC uptake for each OSC level. The study also showed that the best option of procuring prefabricated products is from Australian manufacturers, followed by Australian suppliers/dealers and overseas manufacturers. Panelised prefabrication and components-based prefabrication are ranked as the most suitable OSC approaches for Australian manufacturers. Modular prefabrication is regarded as the most suitable for overseas manufacturer, while components-based prefabrication is the most suitable for Australian suppliers/dealers.Originality/valueThe selection of various OSC approaches and different procurement options in the low-rise residential buildings are scarcely explored topic, and thus, this study provides knowledge of interest for both researchers and practitioners.


2020 ◽  
Vol 28 (6) ◽  
pp. 1149-1178 ◽  
Author(s):  
James Guthrie ◽  
Francesca Manes Rossi ◽  
Rebecca Levy Orelli ◽  
Giuseppe Nicolò

Purpose The paper identifies the types of risks disclosed by Italian organisations using integrated reporting (IR). This paper aims to understand the level and features of risk disclosure with the adoption of IR. Design/methodology/approach The authors use risk classifications already provided in the literature to develop a content analysis of Italian organisations’ integrated reports published. Findings The content analysis reveals that most of the Italian organisations incorporate many types of risk disclosure into their integrated reports. Organisations use this alternative form of reporting to communicate risk differently from how they disclose risks in traditional annual financial reporting. That is, the study finds that the organisations use their integrated reports to disclose a broader group of risks, related to the environment and society, and do so using narrative and visual representation. Originality/value The paper contributes to a narrow stream of research investigating risk disclosure provided through IR, contributing to the understanding of the role of IR in representing an organisational risk.


2019 ◽  
Vol 27 (1) ◽  
pp. 149-168 ◽  
Author(s):  
Priya Gunesh ◽  
Vishwas Maheshwari

PurposeThe paper aims to demonstrate the utilization of banks’ career website for publicizing the employer branding strategy to enable effective strategic talent relationship management through talent attraction, engagement and retention.Design/methodology/approachA qualitative approach using purposive sample comprising HR professionals involving HR directors, reward managers and talent relationship managers, participated in semi-structured interviews.FindingsThis paper provides empirical insights on the use of career websites to disseminate the employer brand. The findings reveal the presence of recruitment orientation career websites across the banking sector. It also conveys HR practitioners’ suggestions for revamping the banks’ career websites to a more screening orientation approach for greater interactivity by both the internal and external talent pools.Research limitations/implicationsThe paper depicts the importance attributed around the utilization of career websites in promoting the employer brand by the HR community across the banking sector. It provides clear insights about the specific contents of career websites to enable sustainable talent attraction, engagement and retention.Originality/valueThis paper provides a qualitative insight to the study of employer branding and career websites. Whereas most previous research on career websites have been of a quantitative nature relying predominantly on fictitious websites, having mostly undergraduate students as research participants. This study contributes enormously to the existing literature and practice by unveiling the perceptions of HR professionals on the dissemination of the employer brand through the career website.


2017 ◽  
Vol 21 (1) ◽  
pp. 2-16 ◽  
Author(s):  
Vibeke Thøis Madsen

Purpose The purpose of this paper is to explore the challenges associated with introducing internal social media (ISM) into organizations in order to help them reap the benefits of coworker communication on ISM. Design/methodology/approach The paper is based on an exploratory study in ten organizations. The data were collected in semi-structured interviews with ISM coordinators in Spring 2014. Findings According to the ISM coordinators, four challenges were associated with introducing ISM: coworkers could perceive communication on ISM as not work related; coworkers might not understand the informal nature of communication on ISM, and self-censorship might stop them communicating on ISM; ISM was not considered a “natural” part of the daily routines in the organizations; and top managers mainly supported ISM in words, not in action. Research limitations/implications The study is based on the perceptions of ISM coordinators. Further research is called for to explore both coworker perceptions and actual communication on ISM. Practical implications Practitioners introducing ISM should be aware of these four challenges, and should help coworkers to make sense of communication on ISM as work-related communication among coworkers. ISM coordinators’ perceptions of their own role in relation to coworker communication on ISM make a difference. Originality/value The study provides insights into the key challenges associated with introducing ISM, as well as the role of ISM coordinators as community facilitators and sense-givers.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
V.G. Sridharan

PurposeThis research paper seeks to advance the techniques of “within-paradigm” triangulation and theoretical generalization adopted in qualitative field studies for new theory development in management control.Design/methodology/approachUsing the evidence gleaned from three positivist case studies along with some published interpretivist studies, this paper identifies three triangulation approaches and links them with three forms of theoretical generalization in qualitative field studies.FindingsWhile the “literal” approach to triangulation has its place in the extant literature, this study finds that two other approaches, labeled “convergent” and “normative” triangulation, which are relevant in many circumstances to link multiple pieces of evidence in order to build credible explanations. In theory development, while the extant forms of theoretical generalization (constructive and contextual) are useful for identifying new solutions for both practical and theoretical concerns, this paper finds that a third form, namely “transposed” logic, is relevant in identifying new control problems that can benefit by adopting the observed unusual solutions.Originality/valueWithin triangulation, while the extant literature endorses the role of literal triangulation in obtaining consistent evidence, including how verifying inconsistent responses helps improve the validity of the obtained evidence, this paper advances two new triangulation approaches that can enrich the extant literature. Within theoretical generalization, while the extant literature deems constructive and contextual forms as “rhetoric”, this paper (1) expands their status to “logic” by clarifying their theoretical purpose and (2) introduces one new form, namely “transposed” logic that helps identify a generalizable range of management control problems that can adopt the observed unusual solution.


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