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Article
Publication date: 28 November 2023

Amir Faraji, Shima Homayoon Arya, Elnaz Ghasemi, Maria Rashidi, Srinath Perera, Vivian Tam and Payam Rahnamayiezekavat

In the construction industry, various parties are involved in a project. Consequently, claims and disputes are inevitable in this industry. This paper aims to develop Integrated…

Abstract

Purpose

In the construction industry, various parties are involved in a project. Consequently, claims and disputes are inevitable in this industry. This paper aims to develop Integrated project delivery (IPD) practices including early involvement of stakeholders and multiparty contracts which its combination with advanced technologies such as blockchain can lead to better dispute management and improve the whole construction process.

Design/methodology/approach

Based on literature review, the alternative dispute resolution (ADR) for IPD contacts were identified, and three formats of IPD contracts were selected, and the dispute resolution process of them has been analyzed. Then, based on blockchain review, a conceptual blockchain-based dispute management (BDM) model was generated for ADR in IPD. Model validation was done by an interview. Experts were asked to compare the BDM model with the traditional system regarding the ADR duration.

Findings

Analyses of the collected data from the experts demonstrated that the BDM model has better function in terms of time and cost for ADR process when the project is facing serious and considerable number of disputes. The relation between blockchain technology (BCT) and building information modeling (BIM) has been examined through a framework, and the ability of the proposed model for administrating dispute resolution process has been verified using four different scenarios of construction claims that show the system can run successfully.

Originality

The current study proposes a truthful model, reliable framework to address the problem of project dispute management in IPD contracts. The system combines the ability to being unchangeable and the reliability characteristics of BCT with informative and automation aspects of BIM together to improve dispute resolution issue in the IPD system.

Article
Publication date: 30 October 2023

Badreddine Berrahlia

This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This…

Abstract

Purpose

This paper explores the experience of “Shari’a” as non-state law in the English courts through a historical analysis of past Islamic finance dispute resolutions (IFDRs). This paper aims to propose a conceivable scenario relating to the law applicable in international commercial contracts in the English courts with the emergence of the Hague Principles 2015.

Design/methodology/approach

This paper addresses several issues that have been raised in English case law: doubts about the legal nature of “Shari’a” as non-state law; the limits placed on freedom of choice of “Shari’a” law by the application of a single legal system; and the distinction between application of law and incorporation by reference of “Shari’a” in IFDRs. The paper then analyses the conformity of “Shari’a” with the provisions now used to resolve Islamic finance disputes (trade and investment) in the English courts, using an empirical analysis of The Accounting and Auditing Organization for Islamic Financial Institutions standards.

Findings

The paper provides that, in theory, “Shari’a” standards could play a significant role in IFDRs after Brexit, even though a gap persists in practice because the Hague Principles 2015 have not yet been adopted by the English legal system.

Research limitations/implications

The study focuses on the English courts and shows how the IFDRs could be resolved with the emergence of Hague Principles 2015 in the post-Brexit era.

Originality/value

To the best of the author’s knowledge, this paper appears to be the first paper to provide a conceivable scenario relating to the future of the IFDRs in the English courts.

Details

Journal of International Trade Law and Policy, vol. 23 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 20 February 2024

Huy Minh Vo, Jyh-Bin Yang and Veerakumar Rangasamy

Construction projects commonly encounter complicated delay problems. Over the past few decades, numerous delay analysis methods (DAMs) have been developed. There is no consensus…

Abstract

Purpose

Construction projects commonly encounter complicated delay problems. Over the past few decades, numerous delay analysis methods (DAMs) have been developed. There is no consensus on whether existing DAMs effectively resolve delays, particularly in the case of complex concurrent delays. Thus, the primary objective of this study is to undertake a comprehensive and systematic literature review on concurrent delays, aiming to answer the following research question: Do existing delay analysis techniques deal with concurrent delays well?

Design/methodology/approach

This study conducts a comprehensive review of concurrent delays by both bibliometric and systematic analysis of research publications published between 1982 and 2022 in the Web of Science (WoS) and Scopus databases. For quantitative analysis, a bibliometric mapping tool, the VOSviewer, was employed to analyze 68 selected publications to explore the co-occurrence of keywords, co-authorship and direct citation. Additionally, we conducted a qualitative analysis to answer the targeted research question, identify academic knowledge gaps and explore potential research directions for solving the theoretical and practical problems of concurrent delays.

Findings

Concurrent delays are a critical aspect of delay claims. Despite DAMs developed by a limited number of research teams to tackle issues like concurrence, float consumption and the critical path in concurrent delay resolution, practitioners continue to face significant challenges. This study has successfully identified knowledge gaps in defining, identifying, analyzing and allocating liability for concurrent delays while offering promising directions for further research. These findings reveal the incompleteness of available DAMs for solving concurrent delays.

Practical implications

The outcomes of this study are highly beneficial for practitioners and researchers. For practitioners, the discussions on the resolution process of concurrent delays in terms of identification, analysis and apportionment enable them to proactively address concurrent delays and lay the groundwork for preventing and resolving such issues in their construction projects. For researchers, five research directions, including advanced DAMs capable of solving concurrent delays, are proposed for reference.

Originality/value

Existing research on DAMs lacks comprehensive coverage of concurrent delays. Through a scientometric review, it is evident that current DAMs do not deal with concurrent delays well. This review identifies critical knowledge gaps and offers insights into potential directions for future research.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

Content available

Abstract

Details

Construction Innovation , vol. 24 no. 1
Type: Research Article
ISSN: 1471-4175

Article
Publication date: 23 February 2024

Patrizio Monfardini, Silvia Macchia and Davide Eltrudis

Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of…

Abstract

Purpose

Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of KIPO in the judiciary system: the courts. The paper aims to explore the court’s managerial and organisational change resulting from the national recovery and resilience plan (NRRP) reform in response to Covid-19, focussing on how this neglected KIPO responds to change, either by showing acts of resistance or undergoing a hybridisation process.

Design/methodology/approach

The paper adopts a qualitative research design, developing an explorative case study to investigate the process of a court’s managerial and organisational change caused by NRRP reform and to shed light on how this neglected KIPO reacts to change, showing resistance acts and developing the hybridisation process. Thirty-one interviews in six months have been conducted with the three main actors in Courts: judges, clerks and trial clerks.

Findings

The paper shows that in this understudied KIPO, judges fiercely resist the managerial logic that decades of reforms have been trying to impose. The recent introduction of an office for speeding up trials (Ufficio Per il Processo (UPP)) was initially opposed. Then, the resistance strategy changed, and judges started to benefit from UPP delegating repetitive and low-value tasks while retaining their core activities. Clerks approached the reform with a more positive attitude, seeing in UPP the mechanism to bridge the distance between them and the judges.

Originality/value

Considering their relevance to society, courts must be more addressed in KIPOs' studies. This paper allows the reader to enter such KIPO and understand its peculiar features. Secondly, the article helps to understand micropractices of resistance that may hinder the effectiveness of managerial reforms.

Details

Journal of Public Budgeting, Accounting & Financial Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1096-3367

Keywords

Article
Publication date: 14 March 2023

Titus Ebenezer Kwofie, Florence Akyaa Ellis, Michael Nii Addy, Samuel Amos-Abanyie, Clinton Aigbavboa and Samuel Owusu Afram

The link between relationship typologies and effectiveness of conflict resolution approaches remains to be tested despite its significance in conflict management in construction…

Abstract

Purpose

The link between relationship typologies and effectiveness of conflict resolution approaches remains to be tested despite its significance in conflict management in construction project delivery. By using the four relationships attributes based on the group attachment theory, the purpose of the study was to explore the cluster of relationships among project teams and organisations and the performance of conflict management strategies across these clusters in the Ghanaian construction industry.

Design/methodology/approach

Using a deductive questionnaire survey in the Ghanaian construction industry, a total of 137 responses were gathered and analyzed using cluster analysis, mean scores and ANOVA to reveal the relationship clusters and performance of conflict management strategies across these clusters.

Findings

The results revealed eight relationship clusters that exist among project teams and organisations with distinct influence of roles & tasks function, cognition, emotions and behavior attributes across the relationship clusters. In the aspect of the effectiveness of conflict management strategies, it was noted that the performance of these strategies were significantly different across the groups. For instance, integrating as a conflict management strategy was deemed to be effective in resolving conflict in unitary, adversarial, pluralist, mutuality, collaborative and partnering relationship clusters. In the case of coopetitive and coercive relationships, the performance of integrating as a conflict management strategy was less effective. This study thus has empirically proved that, different relationship clusters of teams and organizations exist within the Ghanaian construction industry, and that they perform different roles & tasks functions, cognition, emotions and behavioural attributes in their formation. Additionally, the performance effectiveness of conflict management strategies differed across the relationship clusters.

Originality/value

By aligning the relationship attributes to the dynamics of relationship clusters experienced in project teams and organisations, relationship quality, suitability and effectiveness of conflict management strategies can be optimized. The findings can inform project teams and stakeholders to develop fit-for-purpose relationship attributes among teams and organisations to enhance team effectiveness, relationship quality and conflict management in the industry.

Details

International Journal of Productivity and Performance Management, vol. 73 no. 3
Type: Research Article
ISSN: 1741-0401

Keywords

Open Access
Article
Publication date: 19 September 2023

Suherman S.H. and Heru Sugiyono

This research is very important to conduct to review government policy on Indonesian contract law that still uses contract law inherited from Dutch product (BW) and review which…

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Abstract

Purpose

This research is very important to conduct to review government policy on Indonesian contract law that still uses contract law inherited from Dutch product (BW) and review which regulations are to be adapted to current development of contract law. This research’s novelty is that new rules will be found in Indonesian contract law.

Design/methodology/approach

This research used normative and empirical methods. Normative research is dogmatic research or one that analyzes legislation using secondary data consisting of primary, secondary and tertiary legal materials. Besides the normative method, the research was also conducted using empirical method through direct interview and observation in some government agencies, such as the Directorate General of Legislation, Ministry of Law and Human Rights (HAM) and Chairman of Legal Product Formation Division, House of People’s Representatives of the Republic of Indonesia and the Civil Law Teaching Association (APHK).

Findings

This research found that new Indonesian contract law is very important to give legal certainty and justice to the people, and the contract law must regulate important matters related to the sources of contract besides agreement and law, related to termination, unjust enrichment, negotiation, good faith, public contract and private contract and related to legal act and validity of electronic contract.

Research limitations/implications

The novelty of this research is that new rules will be found in Indonesian contract law. This research is different from previous researches conducted by Sigit Irianto (2013) and Deviana Yuanitasari (2020), that discuss only on contract law development related only to the good faith principle.

Practical implications

Drafting contract law is a relatively heavy duty due to the factor of law pluralism that contains contract aspect in Indonesia such as customary law aspect, Islamic law aspect, regional aspect, international aspect and other aspects. In fact, meanwhile, there is rapid development in the community with regard to business transactions that are also followed with contract law development. Therefore, amendment is needed for the Indonesian contract law to adapt to the people’s need for law, and this change agenda is also addressed to updating the contract law.

Social implications

Civil law reform, especially contract law, is deemed very important for Indonesia, because based on field fact, people do their business contract by applying contract law that is not yet regulated in the contract law in KUHPerdata; thus, new contract law is needed that regulates important matters related to sources other than agreement and law.

Originality/value

It is very important to conduct this research to review government policy in Indonesian contract law that still uses the contract law inherited from Dutch product (BW) and review what regulations should have been adjusted to current development of contract law. The novelty of this research is that new rules will be found in Indonesian contract law. This research is different from previous researches conducted by Sigit Irianto (2013) and Deviana Yuanitasari (2020), that discuss only on contract law development related only to the good faith principle.

Details

International Journal of Law and Management, vol. 66 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 1 November 2022

Zechen Guan, Tak Wing Yiu, Don Amila Sajeevan Samarasinghe and Ravi Reddy

The aim of this paper is to review and analyze the research literature on the health and safety issues of migrant workers in the construction industry from 2000 to 2022.

Abstract

Purpose

The aim of this paper is to review and analyze the research literature on the health and safety issues of migrant workers in the construction industry from 2000 to 2022.

Design/methodology/approach

5 steps method is used to conduct a systematic review to achieve the objectives. After scanning two authoritative search engines “Web of Science” and “Scope”, 60 articles are selected from 225 publications for identification and review. These identified articles are classified by research fields, countries and time span.

Findings

The review finds that with the increasing influence of migrant construction workers, the number of publications on the health and safety of migrant workers has shown a rapid upward trend. Moreover, language barriers are the most dominant safety risk factors encountered by on-site migrant workers. This systematic literature review also summarizes the definition of migrant workers and solutions to reduce safety risk factors.

Originality/value

The research data on the health and safety issues and risk factors of migrant workers in the construction industry is still limited. This literature review summarizes the research trends and contributions of the literature in this field in the past 22 years and provides theoretical support for future research on the safety management of the migration construction field.

Details

Engineering, Construction and Architectural Management, vol. 31 no. 3
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 11 January 2023

John Fitzpatrick LeCounte

Small business owners require objective solutions to deal with threats of labour unionisation. This study aims to centre on a novel exploration for improving the leadership acumen…

Abstract

Purpose

Small business owners require objective solutions to deal with threats of labour unionisation. This study aims to centre on a novel exploration for improving the leadership acumen of small business owners to address labour unionisation. Specifically, small business owners need a theoretical framework that uses best practices from human resource management (HRM) and industrial relations to provide solutions.

Design/methodology/approach

The design, methodology and approach reflect post-modernist epistemological and ontological perspectives for conducting systematic literature reviews. A systematic literature review revealed the relationship between small business owners’ leadership, positive industrial relations and HRM policies and procedures. To identify relevant studies in the review, the utilisation of several databases (EBSCO Database, including PsycINFO and Psych studies; Web of Science) and a mix of ranked journals from entrepreneurship, human resources, leadership and organisational behaviour.

Findings

The findings and results in this paper reflect the purpose, methodology and literature analysis culminating in 162,132,000 peer-reviewed studies. A total of 142 peer-reviewed studies met criterion for review. For example, the purpose of this review focused on labour unionisation mitigation for small businesses and HRM solutions. In doing so, the methodology allowed for identification of a novel research topic (i.e. how small business owners mitigate labour unionisation) worthy of further investigation. The sparse findings on labour unionisation mitigation represent small business owners' reticence in creating HRM policies and procedures.

Originality/value

This study contributes research implications for theory and practice by offering small business owners a theoretical framework to address labour unionisation. The framework, centring on HRM solutions, is grounded in social exchange theory to address the novel topic of labour unionisation mitigation in small businesses. This study results suggest that HRM solutions for small business owners provide competitive advantages for employee job satisfaction through a holistic industrial relations approach. In future research, examining other issues discussed in this study can influence the understanding of the relationship between small business owners and industrial relations to increase employee job satisfaction.

Details

International Journal of Organizational Analysis, vol. 32 no. 1
Type: Research Article
ISSN: 1934-8835

Keywords

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