scholarly journals Early perceptions of allowing adjudication of oral contracts

2014 ◽  
Vol 6 (3) ◽  
pp. 233-249
Author(s):  
Jennifer Charlson ◽  
Robert Baldwin ◽  
Jamie Harrison

Purpose – The purpose of this paper is to consider the implications of the admission of oral contracts to statutory adjudication proceedings. A major criticism of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA 1996”) was that Section 107 required contracts to be “in writing” for the parties to be able to use statutory adjudication. In response, the Local Democracy, Economic Development and Construction Act 2009 repealed Section 107 of the HGCRA 1996. This paper considers the implications of the admission of oral contracts to statutory adjudication proceedings, whereby adjudicators’ may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that, by allowing oral contracts to be decided through adjudication, there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation). Adjudicators may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that by allowing oral contracts to be decided through adjudication there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation). Design/methodology/approach – The questionnaire responses of 38 construction industry professionals were analysed by identifying facts and salient themes. The research aims to identify to what extent the changes have widened the scope for entering into adjudication proceedings and whether there is an increased risk of injustice due to the short timescales involved. Findings – There was significant agreement that parties to an oral agreement have an increased risk of injustice through wrong interpretation of the terms and significant disagreement that allowing oral contracts to be referred to adjudication will encourage the use of oral agreements. In addition, construction industry professionals were interviewed in the Midlands, UK, to obtain their opinions, views and perceptions of the admission of oral contracts to statutory adjudication. Originality/value – The research is anticipated to be of particular benefit to parties considering referring an oral contract to adjudication.

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Faris Elghaish ◽  
Sandra Matarneh ◽  
Saeed Talebi ◽  
Michail Kagioglou ◽  
M. Reza Hosseini ◽  
...  

PurposeIn this study, a critical literature review was utilized in order to provide a clear review of the relevant existing studies. The literature was analyzed using the meta-synthesis technique to evaluate and integrate the findings in a single context.Design/methodology/approachDigital transformation in construction requires employing a wide range of various technologies. There is significant progress of research in adopting technologies such as unmanned aerial vehicles (UAVs), also known as drones, and immersive technologies in the construction industry over the last two decades. The purpose of this research is to assess the current status of employing UAVs and immersive technologies toward digitalizing the construction industry and highlighting the potential applications of these technologies, either individually or in combination and integration with each other.FindingsThe key findings are: (1) UAVs in conjunction with 4D building information modeling (BIM) can be used to assess the project progress and compliance checking of geometric design models, (2) immersive technologies can be used to enable controlling construction projects remotely, applying/checking end users’ requirements, construction education and team collaboration.Practical implicationsA detailed discussion around the application of UAVs and immersive technologies is provided. This is expected to support gaining an in-depth understanding of the practical applications of these technologies in the industry.Originality/valueThe review contributes a needed common basis for capturing progress made in UAVs and immersive technologies to date and assessing their impact on construction projects. Moreover, this paper opens a new horizon for novice researchers who will conduct research toward digitalized construction.


2016 ◽  
Vol 12 (1) ◽  
pp. 40-60 ◽  
Author(s):  
Abdoulkadre Ado ◽  
Zhan Su

Purpose – The purpose of this paper is to critically assesses the major contributions to the academic literature on China’s increased focus on Africa, from 2001 to 2011. It discusses the key trends concerning China’s presence in Africa and draws conclusions on the significance of the studies by emphasizing and contrasting the prevailing positions. Design/methodology/approach – Based on a qualitative approach using an integrative and comprehensive literature review, the authors performed a content analysis of high-impact, peer-reviewed papers. Findings – The paper questions and repositions some of the existing controversies. The results from existing studies remain questionable, requiring further clarification and more theoretical backing. It, moreover, highlights the notion that behind the explicit neutrality views of China’s presence in Africa, implicit assumptions may exist. These are often the differences in narratives conveyed by Western and Southern stakeholders. Research limitations/implications – Most of the conclusions drawn from this paper need to be re-explored and supported by additional research. This could be done by widening the scope of the analysis. Studies need to provide more empirical support for their assertions through quantitative data and evidence-based qualitative analyses – all within a framework that considers more cultural, social and historical dimensions. The paper also suggests that an institutionally based view appears most relevant in better explaining China in Africa. Originality/value – This paper reviews a decade of research on China in Africa and presents a snapshot of the current state of knowledge. It also raises concerns to be analyzed by future research and proposes new avenues for better understanding China’s presence in Africa.


2014 ◽  
Vol 32 (4) ◽  
pp. 315-330 ◽  
Author(s):  
Michelle C. Brennan ◽  
Alison J. Cotgrave

Purpose – Despite the surge of interest in construction sustainability and the many Government initiatives encouraging reform in the UK construction industry (CI), the prevalence of sustainable development (SD) in the industry is still largely lagging behind that of other industries. Given the amount of focus and activity identified nationally in this area, the purpose of this paper is to investigate the reasons why this is not being translated into action and to seek counsel from industry professionals as to how they believe change can be achieved with a particular focus on how they believe higher education institutions (HEIs) can contribute. Design/methodology/approach – An explorative, qualitative study using three focus groups was of construction professionals. Findings – Despite a lack of action, many in industry support sustainability and actively attempt to engage in sustainable practices but a number of barriers preclude successful implementation. Government initiatives are having a positive impact, with participants believing that both Government and HEIs are imperative in driving the sustainability agenda forward. Research limitations/implications – Whilst limited in scale, this paper highlights the current state of the CI in relation to SD and evidences that progress is being made albeit slowly. The findings may help both Government and HEIs alongside industry in achieving how this can be overcome. Originality/value – Previous research in this area has generally adopted a quantitative approach. Adopting a qualitative approach provides a more in depth view as to why the status quo remains with regards to SD in the CI.


Author(s):  
Begum Sertyesilisik

Sustainability of the economy depends on the reduction of the environmental footprint of the supply and demand as economy relies on the production enabled by natural resources. The construction industry is one of the major industries influencing sustainable and social development. The construction industry and the built environment, however, have important environmental footprints. Therefore, the demand and supply sides in the construction industry must be transformed into more sustainable ones. Furthermore, the principles and emerging concepts of sustainable and innovative economy need to be adopted by the construction industry. Based on an in-depth literature review, this chapter focuses on the integration and impacts of the emerging concepts for the sustainable and innovative economy in the construction industry. This chapter is expected to be useful for academics, graduate and undergraduate students, researchers, policymakers, and construction industry professionals.


2020 ◽  
Vol 17 (4) ◽  
pp. 549-566
Author(s):  
Priyanka Pathak ◽  
M.P. Singh ◽  
Gaurav Kumar Badhotiya

PurposeManufacturing organization has adopted the concept of sustainability to improve the performance of product and process as well as to focus on environmental issues. Despite technological advancements and awareness, there exist several performance obstacles for the implementation of sustainable manufacturing in an organization. The objective of the current study is to identify the performance obstacles, propose a structural model and validate the proposed model.Design/methodology/approachTwelve performance obstacles are identified through critical literature review and discussion with field experts. Primary and secondary factor analysis, that is, exploratory factor analysis (EFA) and confirmatory factor analysis (CFA), are used for the creation of the structural model, and further, structural equation modeling is used as a validating tool. EFA deals with the categorization of all performance obstacles in four major criteria, and CFA works for proposing a model for a relationship among all obstacles.FindingsA validated structural model is provided through hypothesis acceptance for structural equation modeling. The outcome of this study can be helpful for decision-makers to incorporate sustainable practices in the manufacturing organization.Originality/valueThis study has extracted and identified performance obstacles for the implementation of sustainable manufacturing based on critical literature review and discussion with field experts. The study proposes as well as validates the structural equation model.


2019 ◽  
Vol 31 (6) ◽  
pp. 2526-2543 ◽  
Author(s):  
Michael Volgger ◽  
Songshan Sam Huang

PurposeThis paper aims to broaden the understanding of social responsibility in hospitality and tourism by positioning it in the wider context of responsibilities for deviant behaviour. The paper presents a critical literature review that scopes responsible and irresponsible behaviour of different stakeholders in hospitality and tourism and tackles some of the often-unquestioned assumptions of CSR, including who should be held accountable for ensuring responsibility (“the onus of responsibility”).Design/methodology/approachThe paper follows the methods and structure of a critical, concept-driven literature review. The literature review is inclusive in terms of its source material and covers different research traditions and study fields.FindingsThe paper helps to overcome two unquestioned assumptions of CSR, i.e. that tourism responsibility is located best at the self-regulating business level and that responsible behaviour is preferred as a focus which oftentimes overshadows the issue of irresponsible behaviour. CSR is positioned as one approach amongst many to govern and tackle deviant tourism behaviour. Moreover, CSR’s blind spot on irresponsibility is removed.Originality/valueThe paper is the first one to integrate the literature of CSR in hospitality and tourism with the literature on deviant tourism behaviour and on corporate social irresponsibility and can thereby cross-fertilise and broaden the three perspectives. The paper contributes to the literature by substantially widening the perspective of CSR in hospitality and tourism, thus opening new avenues of research.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
G.P.P.S. Perera ◽  
T.M.M.P. Tennakoon ◽  
Udayangani Kulatunga ◽  
Himal Suranga Jayasena ◽  
M.K.C.S. Wijewickrama

PurposeThe purpose of this paper is to select a suitable procurement method for steel building construction in Sri Lanka following a systematic method which weigh, both procurement selection factors and existing procurement systems.Design/methodology/approachAn abductive research stance is followed in this empirical study. Procurement selection factors were selected through a critical literature review which was followed by a quantitative questionnaire survey. The collected data were analysed using descriptive statistical analysis and relative important index.FindingsThe critical literature review outlined 46 procurement selection factors, out of which 26 factors were very important in steel building procurement selection. Short construction period and higher constructability of design are ranked at the top with the highest priority rating factors. Management-oriented procurement system was selected as the most appropriate procurement system for steel building constructions within the Sri Lankan context.Research limitations/implicationsThe study is limited to widely use three procurement systems in Sri Lankan construction industry. Yet, the process followed in selecting the most appropriate procurement system could be applied for other contexts. The implications of the study are mainly identifying management-oriented procurement as the most suitable procurement method for steel building construction in Sri Lanka.Practical implicationsThe systematic procedure of procurement method selection for steel building construction may use in the Sri Lankan construction industry to limit the resource loss due to wrong selection of procurement.Originality/valueA study which critically and comprehensively presenting a procurement selection process for steel building construction is not recorded in Sri Lanka prior to this study.


2014 ◽  
Vol 12 (1) ◽  
pp. 53-70 ◽  
Author(s):  
Nirodha Gayani Fernando ◽  
Dilanthi Amaratunga ◽  
Richard Haigh

Purpose – This paper aims to explore and investigate the career success of professional women in the UK construction industry. Design/methodology/approach – The aim of the research was set following the literature review and synthesis, after which a multiple case study approach is adopted to conduct exploratory case studies among professional women in the UK construction industry. A mixed method design was used for data collection, whereby qualitative data were collected in the first study and quantitative data were collected in the second study. The researcher adopted this sequence in order to gather qualitative data and analysis of a relatively unexplored area of career success factors of professional women in the UK construction industry. The results from the qualitative method were used, along with a relevant literature review, to develop the focus and questions in the quantitative phase of the study. The individuals in the first stage of data collection were not the same participants as those in the second stage, because the purpose of the quantitative study was to generalise the results to a population. Findings – The results indicated that soft skills are very important for career success, while hard skills are essential thereafter for professional women in the UK construction industry. Accordingly, it is necessary to develop soft skills in order to advance the women's professional careers. Further, the results indicated that age and gender are the least important career success factors for women in construction. The ability to work with people, taking opportunities, confidence, adaptability, communication skills, dedication, competence, focus, supportive line management, integrity, leadership skills, ability to bring teams together, good mix of skills, honesty, networking, intelligence and logically approaching business problems identified as the critical career success factors. Research limitations/implications – The construction industry is limited to organisations that construct buildings and infrastructure, and those involved in property development. These organisations comprise client, contractor and consultancy organisations. Practical implications – The findings of the paper are useful to human resource development managers to understand and improve organisational training and development plans, which help to advance the career of professional women. By doing so, organisations could recruit and retain more professional women in the construction industry. Therefore, recruiting and retaining more professional women in the organisation helps to enhance productivity in the industry and to enhance their health and well being in society at large. Originality/value – The value of this paper is twofold. First, this study contributes to fill the knowledge gap in career success factors of professional women in the UK construction industry. Second, this empirical research will have implications in the identification of different training and development activities to advance the careers of women in the UK construction industry.


2019 ◽  
Vol 27 (3) ◽  
pp. 1211-1237 ◽  
Author(s):  
Maria Ahmed ◽  
Muhammad Jamaluddin Thaheem ◽  
Ahsen Maqsoom

Purpose The purpose of this paper is to investigate critical barriers hindering the adoption of green supply chain management (GSCM) and the opportunities that can be exploited with such an implementation in the construction industry of developing countries. It also devises strategies to avoid critical barriers in implementation and exploit opportunities for a better overall environmental performance of the construction industry. Design/methodology/approach This research relies upon an extensive literature review; data are collected from 163 professionals and 15 interviews of field professionals from 11 developing countries are conducted. The barriers and opportunities are synthesized through literature review and then data are collected over their significance from the construction professionals through an online survey. To highlight the interconnectedness of the critical barriers and opportunities, a causal loop framework is developed. Furthermore, expert opinion is sought to develop the strategies. Findings This research integrates information from different sources and provides a holistic view of the current situation of GSCM in developing countries. In total, 34 barriers and 23 opportunities are extracted from literature. The top 4 barriers fall under the “involvement and support” category, whereas the top four opportunities fall under the “environmental” category. Furthermore, the strategies to implement GSCM include suitable policies by top management to incorporate practices such as innovative green design, green procurement, green packaging, green distribution and even end-of-life management, which play a vital role in emission reduction. Originality/value This research is a first attempt at evaluating the barriers and opportunities facing GSCM in the construction sector of the developing countries. The findings encourage the stakeholders in adopting GSCM practices by presenting a clear picture of the potential benefits that can be exploited by implementing the proposed strategies to eliminate critical barriers in the construction industry.


2020 ◽  
Vol 27 (4) ◽  
pp. 1475-1501 ◽  
Author(s):  
Sanjay Bhattacharya ◽  
Kirankumar S. Momaya ◽  
K. Chandrasekhar Iyer

PurposeTo suggest a conceptual framework to benchmark enablers of growth and link them to performance metrics, duly supported theoretically with definitions and literature review. The sub-objectives of the study are the following:To identify enablers based on theories and antecedents of growthTo establish key leads on how the identified enablers have been deployed by leading construction companies, basis their stages of growth and economic contextTo identify which enablers have higher potential to contribute to competitiveness and growth in an effort to benchmark performanceTo establish if the enablers deployed is dependent on the market maturity and economic contextDesign/methodology/approachThe enabler-mix-based approach is evolved through literature review, inputs from industry practitioners, and subsequent empirical analysis. To explore relationships, the primary methodology suggested is building theory from practice, justified in specific industry and regional economic context. Content analysis has been used for validation of the framework.FindingsTraditional strategy literature suffers from the limitations in terms of applicability and specific contextual settings. In a rapidly changing and varied environment coupled with the context of emerging countries, there is a need for a benchmarked framework for strategy and growth. The evidence toward utility of the framework has been established through a quick analysis of leading construction companies. Capabilities for “operational and process excellence,” “unique products and services,” and “visionary leadership” emerged to be the higher ranked core growth enablers. However, the deployment of these enablers is dependent on the maturity of the company and its economic context.Research limitations/implicationsThis simpler and generic framework analyzes the relative impact on performance, as well as the inter-enabler interaction and substitution effects, in the context of construction companies.Practical implicationsIn the context of industries that are volatile in nature (like the construction industry), strategy tools need to be simple and generic towards practical and uncomplicated application for the managers, to achieve positive outcomes.Originality/valueThis paper offers fresh perspectives to benchmarking literature in terms of enablers to deliver growth performance, in the context of construction companies. It attempts to fill the gap in evolving simple strategy tools to ensure sustainable growth performance in industries having nascent research support and less availability of data so far. In the context of industries that are volatile in nature (like the construction industry), strategy tools need to be simple and generic toward practical and uncomplicated application for the managers to achieve positive outcomes.


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