Related items
Showing items related by title, author, creator and subject.
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Insolvency and resolution of construction contract disputes by adjudication in the UK construction industry(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)
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An investigation into the different styles of the lawyer and construction specialist when mediating construction disputes(Emerald Group Publishing Limited, 2016-07-11)
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A Framework for Utilising Lean Construction Strategies to Promote Safety on Construction Sites(University of Wolverhampton, 2013-06)The poor safety situation in the United Kingdom (UK) construction industry and its adverse socio-economic record are well documented in the existing literature. The application of Lean Construction techniques has been proposed as an effective strategy to address accidents on construction sites, a major safety concern in the construction industry. However, examination of the relationship between Lean Construction techniques and safety issues has been marginal. This study explores this relationship with the aim of developing a framework for using Lean Construction techniques to promote safety on UK construction sites. A framework was initially devised based on a synthesis of the literature and further refined based on findings from interviews held with 10 Lean Construction practitioners on antecedents of Lean Construction techniques and safety issues. In order to develop and confirm the framework, data was collected from practicing Lean Construction organisations using a questionnaire survey and analysed using descriptive statistics, inferential statistics and inter-rater agreement statistical test to examine the pattern and extent of the relationships. The study found a total of thirty-eight (38) relationships between Lean Construction techniques and safety issues. These relationships are mainly positive in nature in that they demonstrate path to improvement in safety on construction sites. They show which techniques could be used to address the relevant safety issue. Furthermore, it was established that the application of Lean Construction techniques on construction sites can be impeded by challenges such as: lack of Lean Construction knowledge, complexity, misconception about Lean and difficulties in changing employees’ working culture. The study identified strategies that could be used to address these challenges. These include enlightenment on benefits of Lean practice, publication of improvements realised from Lean practice, training, workers’ involvement and empowerment, persistence, robust planning and gradual step-by-step implementation. The study, therefore, concludes that Lean Construction techniques have positive relationships with safety issues on construction sites in the UK and on the basis of the relationships develops an integrated framework to guide application of the techniques by contracting organisations in promoting safety. The study makes a number of recommendations including the incorporation of Lean Construction practice into government health and safety initiatives, regulations and policies, and identifies areas for further research.
