Innovative Protocols and Technologies as a Means of Complying with the Building and Construction Industry Security of Payments Act 1999 (NSW) Australia
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AbstractThe Building and Construction Industry Security of Payments Act 1999—updated 27 November 2003, New South Wales, Australia provides a statutory framework which governs compulsory progress payments for those who undertake works or provide goods or services as part of a construction contract. Respondents to the process are being disadvantaged as a result of complying with the Act. Claimants are purported to be taking months to prepare detailed and comprehensive payment claims, prior to serving them on the respondents, who, under the Act, have limited time to compile a detailed payment schedule in response. This research investigates the use of two recent innovations that could assist in the administration of the process. The first is the Society of Construction Law's Delay and Disruption Protocol's model clauses, and the second is the use of web-based technology as a project administrative tool. A literature search was carried out, together with semi-structured qualitative interviews, to determine opinions of their use and effectiveness. Results indicate a recognition and appreciation of the likely benefits of transparency, efficiency and improved cost effectiveness of the project administrative processes, possibly resulting in potential savings and improved cost recovery opportunities, with the potential to reduce and/or avoid disputes. (Routledge)
CitationConstruction Management and Economics, 25(7): 747-763
PublisherRoutledge (Taylor & Francis)
JournalConstruction Management and Economics
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Insolvency and resolution of construction contract disputes by adjudication in the UK construction industryNdekugri, Issaka E.; Russell, Victoria (Taylor & Francis, 2005)The Housing Grants, Construction and Regeneration Act 1996 provides that a party to a construction contract has a right, at any time, to refer any dispute under the contract for adjudication. This resolution method requires a neutral third party, the adjudicator, to determine the dispute within 28 days after receipt of the referral regardless of the complexity of the issues in dispute. The decision is to be implemented even if it is palpably wrong in fact or law. A key assumption of this legislation is that any mistakes made by an adjudicator can be corrected by reference of the same to litigation or arbitration. It is a major concern that restoration of the parties to their correct positions may become impossible where, after implementation of an adjudicator's mistaken decision, the beneficiary of the decision becomes insolvent. This article is a critical review of all the cases in which the courts have dealt with the effect of insolvency on the right to adjudicate and the enforceability of adjudicators' decisions. Two main conclusions are derived from the review. First, the court may decline to enforce an adjudicator's payment decision where there is strong evidence that, on account of formal insolvency, the payee would be unable to make repayment if final resolution of the dispute necessitates it. Second, the only exception so far to the general right to refer to adjudication arises where the other party is in administration. (Taylor & Francis)
Improving construction management practice in the Gibraltar construction industryDaniel, Emmanuel I.; Garcia, Daniel; Marasini, Ramesh; Kolo, Shaba; Oshodi, Olalekan; Pasquire, Christine; Hamzeh, Farook (Annual Conference of the International. Group for Lean Construction (IGLC), 2019-07-03)Research has shown that 57% of activities in a construction project is non-value adding (waste) which contributes to the poor performance of the sector. While other countries of the world such the USA, UK, Brazil, Nigeria and Israel among others are seeking to understand this challenge and deploy innovative ways and modern techniques to improve it, limited studies have explored factors that contribute to non-value adding activities (NVA) in the Gibraltar construction industry. The current study aims to identify the factors that contribute to NVA on construction sites in Gibraltar and to present an outlook on how this could be minimised using Last Planner System(LPS). A combination of quantative and qualitative research approaches were used. Thirtyone questionnaire responses were analysed and seven semi-structured interviews were conducted. The investigation reveals that the development of unrealistic schedules, lack of adequate training, delayed approval process and work interruption due to the community are the key factors that contribute to NVA. The study found that the suggestions offered by construction professional for minimising NVA align with some LPS principles. The study concludes that some of the current practices, could serve as justification for the introduction of LPS in the construction sector of Gibraltar.
Implementing 5D BIM on construction projects: Contractor perspectives from the UK construction sectorMoses, Tochukwu; Heesom, David; Oloke, David (Emerald, 2020-05-09)Purpose The purpose of this paper is to report on primary research findings that sought to investigate and analyse salient issues on the implementation of 5D building information modelling (BIM) from the UK contractors’ perspective. Previous research and efforts have predominantly focussed on the use of technologies for cost estimation and quantity takeoff within a more traditional-led procurement, with a paucity of research focussing on how 5D BIM could facilitate costing within contractor-led procurement. This study fills this current knowledge gap and enhances the understanding of the specific costing challenges faced by contractors in contractor-led projects, leading to the development of 5D framework for use in future projects. Design/methodology/approach To develop a fully detailed understanding of the challenges and issues being faced in this regard, a phenomenological, qualitative-based study was undertaken through interviews involving 21 participants from UK-wide construction organisations. A thematic data analytical process was applied to the data to derive key issues, and this was then used to inform the development of a 5D-BIM costing framework. Findings Multi-disciplinary findings reveal a range of issues faced by contractors when implementing 5D BIM. These exist at strategic, operational and technological levels which require addressing successful implementation of 5D BIM on contractor-led projects adhering to Level 2 BIM standards. These findings cut across the range of stakeholders on contractor-led projects. Ultimately, the findings suggest strong commitment and leadership from organisational management are required to facilitate cost savings and generate accurate cost information. Practical implications This study highlights key issues for any party seeking to effectively deploy 5D BIM on a contractor-led construction project. A considerable cultural shift towards automating and digitising cost functions virtually, stronger collaborative working relationship relative to costing in design development, construction practice, maintenance and operation is required. Originality/value By analysing findings from primary research data, the work concludes with the development of a 5D BIM costing framework to support contractor-led projects which can be implemented to ensure that 5D BIM is successfully implemented.