scholarly journals Classification and resolution procedure for disputes in public construction projects

2021 ◽  
Vol 20 (2) ◽  
pp. 259-276
Author(s):  
Baris Sayin ◽  
◽  
Mahmut Sarı ◽  
Cemil Akcay ◽  
◽  
...  
Keyword(s):  
Construction Projects ◽  
Public Investment ◽  
Positive Contribution ◽  
Judicial Process ◽  
The Public ◽  
Implementation Processes ◽  
Long Time ◽  
Practical Tool ◽  
Public Construction

Construction sector, which is associated with approximately two hundred sub-sectors in terms of employment area, plays the role of locomotive sector in economic development of countries. This feature of the sector affects economy directly and indirectly. Despite this positive contribution of the sector, disputes are inevitable between parties –administration and contractor– in a bid, contract and implementation processes, which are parameters of the construction process. Formal judicial process applied for the purpose of resolving disputes encountered in construction projects that the public assumes the role of employer, takes a long time. Therefore, while contractor is exposed to financial losses, administration cannot conclude public investment. In the study; disputes in public construction projects are classified, and proposals preventing disputes are presented. In this scope, firstly, 174 of 10591 disputes submitted to Court of Cassation, and 84 of 102 disputes submitted to Directorate of High Technics Board are selected regarding public construction projects. In the second stage, parameters causing disputes are classified under six main items. Thirdly, reasons of the disputes for each classification are detailed, and then proposals are presented for prevention of the disputes based on FIDIC (International Federation of Consulting Engineers) contract forms. Finally, a resolution procedure is developed for the processes including bid, contract and implementation phases based on FIDIC. By the presented proposals for GCCW (General conditions of construction works) official resolution paths can be reduced to a minimum, and the processes result positively for administration and contractors. It is concluded that the developed procedure is suitable as a practical tool for resolution process of the disputes in the public construction projects.

scholarly journals CULTURE OF PERSONAL LANGUAGE AS A HISTORICAL AND SOCIAL EVENT

2018 ◽  
Author(s):  
Tetiana Stambulska
Keyword(s):  
Information And Communication Technologies ◽  
Communication Technologies ◽  
Theory And Practice ◽  
The Public ◽  
Communication Problems ◽  
Long Time ◽  
Information And Communication ◽  
Definition Of ◽  
Communication Culture

The article analyzed the peculiarities of the interpretation of the «communication culture» in the context of scientific researches of the past and contemporary domestic researchers. An analysis was carried out to define the concept of «communication culture of a person», the approaches to the definition of this concept are singled out. The positions of scientists concerning the role of eloquence in the formation of the linguistic personality are analyzed, the language is analyzed as a «social and psychological phenomenon», historical conditions of the formation of the concept of «communication culture» are characterized, in particular, attention is focused on the formation of the linguistic personality. It was found out that studies of the ancient traditions of the formation of the language of culture make it possible to better understand modern trends in the development of the person's communication culture. Modern studies have shown that in linguistics for a long time there was no unity in the interpretation of the concepts of «language» and «communication». Problems of the formation of the culture of broadcasting have become the object of research by eminent thinkers, beginning with the period of Antiquity. The question of the formation of a culture of speech has long traditions. Note that in European linguistics, the first decades of the twentieth century. Theoretical study and approval of the concept of «culture of language» in the scientific circulation is underway. It should be noted that in connection with the introduction of information and communication technologies in all spheres of society life has increased interest in the theory and practice of eloquence. This is explained by the fact that the active use of information and communication technologies involves the search for ways of speaking influence, both on the interpersonal and on the public level. According to authoritative experts in rhetoric, L. Matsko, O. Matsko, N. Mykhailychenko, V. Poltupets, etc., there are also communicative reasons that ensure the actual and further development of the theory and practice of oratory in the XX-beginning of the XXI century.

scholarly journals The Importance of Communication Management Improving the Performance of Construction Project Managers in Developing Countries

2021 ◽  
Vol 56 (3) ◽  
pp. 473-484
Author(s):  
Zulkifli Lubis
Keyword(s):  
Developing Countries ◽  
Public Relations ◽  
Construction Projects ◽  
Construction Project ◽  
Project Managers ◽  
Infrastructure Development ◽  
Communication Management ◽  
The Public ◽  
Study Results

The biggest threat that results in the project not being successful is failure to build a stakeholder project. Based on research on construction projects in developing countries, the lack of communication among workers due to cultural uniformity and the uniqueness of their respective regions can become work constraints that can affect implementation performance and productivity, namely, there is a 69.61% decrease in time performance. The main objective of this research is to analyze the role of communication management in improving the performance of construction project managers in developing countries, particularly the role of construction managers in implementing a construction project. This research uses a qualitative approach and a case study method. Sampling using purposive sampling. Forum Group Discussion to see how the opinions of construction project managers in Indonesia view the importance of communication management in the success of construction projects. The study results explain that the need for Public Relations Infrastructure management plays a role in ensuring various policies and communication to the public. This is a reflection of the effective function of public relations in the implementation of infrastructure development. In carrying out the construction, the construction project manager must pay attention to communication dynamics to support the success of infrastructure development projects. Contractors and other parties involved in infrastructure development must raise awareness of the essence of effective communication in fostering trust in the public concerned with infrastructure development.

The Institutions of Reflexivity

2011 ◽  
Author(s):  
Pierre Rosanvallon
Keyword(s):  
United States ◽  
Strong Support ◽  
Active Role ◽  
The United States ◽  
German Federal Republic ◽  
Constitutional Courts ◽  
The Public ◽  
Long Time ◽  
Constitutional Thought

This chapter turns to the increasingly active role of constitutional courts. These courts have established themselves—not without reservations and challenges—as an essential vector of the push for greater reflexivity. For a long time the United States, India, and the German Federal Republic stood out as exceptions because of their traditional emphasis on judicial review. Now, however, constitutional courts of one sort or another are at the heart of democratic government everywhere. Indeed, some scholars go so far as to discern a veritable “resurrection” of constitutional thought. It is noteworthy that these new constitutional courts on the whole receive strong support from the public, as numerous comparative surveys have shown, and they count among the most legitimate of democratic institutions.

scholarly journals Nevyriausybinių organizacijų ir savivaldybių sąveika Lietuvoje: teoriniai sprendimų priėmimo ir įgyvendinimo proceso aspektai

2015 ◽  
Vol 14 (2) ◽  
pp. 221
Author(s):  
Aušra Šilinskytė
Keyword(s):  
Decision Making ◽  
Interest Groups ◽  
Local Governance ◽  
Implementation Process ◽  
Decision Making Process ◽  
The Public ◽  
Implementation Processes ◽  
Governmental Organizations ◽  
Non Governmental Organizations

The paper is focused on the discussion about the role of non-governmental organizations during the decision-making process in local governance and what factors influence it. To achieve this, the following steps have been made: first, the concept of non-governmental organizations and their relationship with civil society was analyzed, then possible variations of relationship between non-governmental organizations and their impact to the public sector was described. In the last part of the paper, the stages of the decision–making and implementation process in the municipality were analyzed and theoretical aspects of enabling NGOs were discussed. The analyses showed that the decision-making and implementation processes depend on the understanding of the need to cooperate, the ability of both subjects to work together, their relationship with citizens and other interest groups.

scholarly journals Monitoring of Litigation Costs and Efforts to Eradicate Judicial Corruption Practices

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Zaka Firma Aditya ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Cost Control ◽  
Modern Technology ◽  
Judicial Process ◽  
Conceptual Approach ◽  
Transparency International ◽  
The Public ◽  
Judicial Corruption ◽  
Long Time ◽  
Corruption Perception ◽  
Litigation Cost

Judicial corruption practices in Indonesia have been going on for long time. Even, according to Transparency International survey (2007), the judiciary in Indonesia ranks highest for corruption perception index. Not only that, the mode used by the judicial mafia is also increasingly modern and occurs almost in all aspects of judiciary. This research has two aims, namely: (1) to know and analyze the mode of corruption in the judicial process in Indonesia, and (2) to know and analyze the model of litigation cost control in the judicial process in Indonesia. This research is juricial-normative research which are using the statute approach and conceptual approach. From this research, it can be seen that, Typically, corrupt practices have been initiated since the registration of the cases, the establishment of judges panel, summoning witnesses and experts, negotiationg decisions and cost of copy of the decisions. Ironically, many parties are involved in the judicial corruption practices ranging from clerks, officials and employess in the judiciary and the judges themselves. However, the more modern technology can be used as an alternative solution in combating the practices of judicial corruption. One of them, by applying litigation cost control that can be integrated through whistleblowing system. In this way, the public can monitoring in real-time the trial process starting from registration fee litigation, the process of litigation until post-verdict.

scholarly journals The Amoebic Growth of Project Costs

2005 ◽  
Vol 36 (2) ◽  
pp. 15-27 ◽  
Author(s):  
Colin Eden ◽  
Fran Ackermann ◽  
Terry Williams
Keyword(s):  
Construction Projects ◽  
Project Managers ◽  
Total Expenditure ◽  
Claims Analysis ◽  
Private Industry ◽  
Cost Overruns ◽  
The Public ◽  
Project Costs ◽  
Industrial Projects ◽  
Public Construction

In the public arena, we often hear about projects that have suffered massive cost overruns. Often they are related to large public construction projects such as airports, bridges, or public buildings. Large overruns also exist in private industry. However, often these do not appear in the newspapers, so the public is not as aware of them. Of course, not all projects go badly wrong, but quite a few do, and frequently we find ourselves uncertain of the causes for such overruns. In this paper, industrial projects that overrun and overrun in a surprising manner are considered. In other words, the paper considers those many projects where the extent of the overrun is well beyond what might ever have been anticipated, even though what was going wrong within the projects was, for the most part, understood. The basis for the content of the paper (that is, the structure and lessons), are drawn from a postmortem analysis of many large projects as part of claims analysis, particularly “delay and disruption” claims for projects whose total expenditure appeared, at first look, inexplicable or surprising. The aim of the paper is to contribute to an understanding of how projects go badly wrong, when they do, and in particular to draw some lessons from this exploration that are likely to help all managers. The reasons for cost escalation are not just the responsibility of project managers.

Democratizing Investment

2019 ◽  
Vol 47 (4) ◽  
pp. 573-591 ◽  
Author(s):  
Lenore Palladino
Keyword(s):  
Capital Markets ◽  
Public Investment ◽  
Private Companies ◽  
Public And Private ◽  
The Public ◽  
Racial Wealth Gap ◽  
Investment Opportunities ◽  
New Policies ◽  
Distributed Technologies

Americans have trillions of dollars invested in public and private companies, yet stock ownership is highly unequal: the wealthiest 1 percent of households possess 40 percent of all wealth, and there is a large and persistent racial wealth gap. What if innovations in distributed technologies allowed for democratic facilitation of new opportunities for wealth and a rebalancing of power within the capital markets? This article proposes using innovative financial technologies to create a “Public Investment Platform”—a public option for participation in capital markets—and a “Public Investment Account” to universalize access to investment opportunities. Capital markets are currently governed by public policies that submerge the role of the public in structuring them and enable an inequitable accumulation of wealth. To democratize finance, new policies are required to democratize participation in investment.

Aggregation of factors causing cost overruns and time delays in large public construction projects

2017 ◽  
Vol 24 (3) ◽  
pp. 393-406 ◽  
Author(s):  
Abderisak Adam ◽  
Per-Erik Bertil Josephson ◽  
Göran Lindahl
Keyword(s):  
Time Delays ◽  
Construction Projects ◽  
Journal Articles ◽  
Cost Overruns ◽  
Content Type ◽  
Trend Data ◽  
Public Construction ◽  
The Impact ◽  
Literature Selection

Purpose The purpose of this paper is to explore the impact that cost overruns and time delays exert on large public construction projects to clarify how past and current research regard factors causing cost overruns and time delays in large public construction projects. Design/methodology/approach This paper, which is based on an analysis of a literature selection consisting of 40 journal articles, investigates and ranks the occurrence of and the explanations for cost overruns and time delays in large public construction projects. The study makes use of a kiviat diagram/radar chart in order to visualize multivariate data. Findings Aggregated rankings of important causes of cost overruns and time delays are reported. These show a strong emphasis on the management aspect as a primary cause of cost overruns and delays. Additionally, there seems to be a trend toward deemphasizing the role of financial considerations in explaining cost overruns and delays. It is argued that there needs to be a more rigorous assessment of the impact that each factor has on cost increases and delays based on factual observed data as opposed to retrospective accounts from questionnaire respondents. Research limitations/implications Only public construction projects have been considered. The results will not be directly applicable to privately funded construction projects and/or projects of a smaller size. Originality/value The use of trend data, as illustrated in a kiviat diagram, showing how different ranking factors causing cost overruns and time delays has changed in importance over time.

scholarly journals PENINGKATAN PERAN SUKUK NEGARA DALAM PEMBIAYAAN INFRASTRUKTUR

2021 ◽  
Vol 3 (2) ◽  
pp. 56-72
Author(s):  
Eri Hariyanto
Keyword(s):  
Central Government ◽  
Public Investment ◽  
Analytic Network Process ◽  
Infrastructure Development ◽  
Project Financing ◽  
The Public ◽  
Network Process ◽  
The Government

Sukuk Negara is one of the sharia-based financing instruments issued by the government to meet the budget deficit. This study aims to identify priority issues in the development of Sukuk Negara to enhance the role of Sukuk Negara in supporting government infrastructure financing. From the results of data management using the Analytic Network Process (ANP) method, it is known that several priority problems include the issuance of Sukuk Negara financing limited to central government projects, the lack of quality and quantity of Islamic finance human resources compared to conventional finance, and the low interest in public investment in Islamic financial instruments. The priority of the solution is the need to make regulations that allow Sukuk Negara to finance PPP project financing schemes, increase innovation and quality of sukuk products so that they are able to achieve the set targets, and foster public investment interest. Thus, the strategy in supporting the government's infrastructure development is to increase the proportion of SBSN issuance, increase socialization and communication to the public, and diversify underlying assets.

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