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Book part
Publication date: 26 September 2024

Jakob B Sørensen

In general, all differences between the Employer and the Contractor are firstly addressed by the Engineer, usually under Sub-Clause 3.7 [Agreement or Determination]; if the…

Abstract

In general, all differences between the Employer and the Contractor are firstly addressed by the Engineer, usually under Sub-Clause 3.7 [Agreement or Determination]; if the Parties have confidence in the Engineer’s capability to act fairly, many differences will be finally settled under the Sub-Clause 3.7 procedure. However, if either of the Parties is dissatisfied with a determination by the Engineer, a Notice of Dissatisfaction (a NOD, see Sub-Clause 1.1.57) can be filed; thereafter, either Party may proceed in accordance with Sub-Clause 21.4 [Obtaining DAAB’s Decision], see Sub-Clause 3.7.5 [Dissatisfaction with Engineer’s determination]. The dispute resolution procedure under the 2017 edition is outlined in Figure 20B. The first two Sub-Clauses of Clause 21 [Disputes and Arbitration] deal with the formation of the Dispute Avoidance/Adjudication Board (Sub-Clause 21.1 [Constitution of the DAAB]), including how to move forward with the DAAB if either of the Parties fail to appoint a member of the DAAB (Sub-Clause 21.2 [Failure to Appoint DAAB Member(s)]). Sub-Clause 21.3 [Avoidance of Disputes] describes the DAAB’s role in avoiding the escalation of any issues or disagreements into Disputes. Sub-Clause 21.4 [Obtaining DAAB’s Decision] outlines the procedure before the DAAB in respect of the resolution of Disputes. Sub-Clause 21.5 [Amicable Settlement] includes an invitation for the Parties to resolve disagreements about a decision from the DAAB amicably, while Sub-Clause 21.6 [Arbitration] provides the ultimate procedure for resolution of Disputes, arbitration. Sub-Clause 21.7 [Failure to Comply with DAAB’s Decision] entitles either Party to refer the failure of the other Party to comply with a decision from the DAAB. Finally, Sub-Clause 21.8 [No DAAB In Place] outlines the procedure to follow if no DAAB is in place when a Dispute arises (the Dispute may be referred directly to arbitration).

Details

FIDIC Yellow Book: A Companion to the 2017 Plant and Design-Build Contract, Revised Edition
Type: Book
ISBN: 978-1-83608-164-7

Keywords

Article
Publication date: 10 September 2024

Buse Un, Ercan Erdis, Serkan Aydınlı, Olcay Genc and Ozge Alboga

This study aims to develop a predictive model using machine learning techniques to forecast construction dispute outcomes, thereby minimizing economic and social losses and…

Abstract

Purpose

This study aims to develop a predictive model using machine learning techniques to forecast construction dispute outcomes, thereby minimizing economic and social losses and promoting amicable settlements between parties.

Design/methodology/approach

This study develops a novel conceptual model incorporating project characteristics, root causes, and underlying causes to predict construction dispute outcomes. Utilizing a dataset of arbitration cases in Türkiye, the model was tested using five machine learning algorithms namely Logistic Regression, Support Vector Machines, Decision Trees, K-Nearest Neighbors, and Random Forest in a Python environment. The performance of each algorithm was evaluated to identify the most accurate predictive model.

Findings

The analysis revealed that the Support Vector Machine algorithm achieved the highest prediction accuracy at 71.65%. Twelve significant variables were identified for the best model namely, work type, root causes, delays from a contractor, extension of time, different site conditions, poorly written contracts, unit price determination, penalties, price adjustment, acceptances, delay of schedule, and extra payment claims. The study’s results surpass some existing models in the literature, highlighting the model’s robustness and practical applicability in forecasting construction dispute outcomes.

Originality/value

This study is unique in its consideration of various contract, dispute, and project attributes to predict construction dispute outcomes using machine learning techniques. It uses a fact-based dataset of arbitration cases from Türkiye, providing a robust and practical predictive model applicable across different regions and project types. It advances the literature by comparing multiple machine learning algorithms to achieve the highest prediction accuracy and offering a comprehensive tool for proactive dispute management.

Details

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

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Open Access
Article
Publication date: 14 June 2023

Héctor Simón-Moreno

With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of…

Abstract

Purpose

With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective.

Design/methodology/approach

The present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners.

Findings

The current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity.

Social implications

Community of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context.

Originality/value

This paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.

Details

Journal of Property, Planning and Environmental Law, vol. 16 no. 3
Type: Research Article
ISSN: 2514-9407

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Article
Publication date: 13 September 2024

Iqra Yaseen and Mohammad Shafi Sofi

The purpose of this study is to conduct a comprehensive systematic literature review using bibliometric approach to investigate the academic structure of World Trade Organization…

Abstract

Purpose

The purpose of this study is to conduct a comprehensive systematic literature review using bibliometric approach to investigate the academic structure of World Trade Organization Dispute Settlement research.

Design/methodology/approach

The study examines the bibliographic information for 1,858 articles from Scopus and the Australian Business Deans Council-indexed journals published between 1995 and 2024 using Dimensions.ai and Google Scholar search engines. Exploratory-cum-descriptive research design with bibliometric approach is used to answer the stated literature review research questions.

Findings

The data shows a gradual decline in WTO-Dispute Settlement System (WTO-DSS) research relative to the total international business area in the three decades. Developed countries appear as key contributors to the research, with the USA and the UK standing out as the most productive and influential research countries. The study shows a significant change in the focus of this research corpus from legalized to non-legalized approaches, with a greater emphasis on transparency and environmental sustainability. The research identifies global politics and international trade law as influential subjects in the discipline.

Originality/value

To the best of the authors’ knowledge, the study is a first of its kind where bibliometric approach has been used to study the evolution of WTO-DSS literature. The study adds to the understanding of WTO Dispute Settlement research patterns and recommends future research options.

Details

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

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Article
Publication date: 5 September 2024

Hee Man Park and Mark Gough

The prevalence of independent contractors in the US workforce is growing. This research examines the social environment and career outcomes of labor and employment arbitrators, a…

Abstract

Purpose

The prevalence of independent contractors in the US workforce is growing. This research examines the social environment and career outcomes of labor and employment arbitrators, a unique profession of high-skilled and high-status independent contractors who play a significant role in facilitating organizational justice. Previous research has focused on the employment relationships that independent contractors have with hiring organizations and the characteristics of individuals who become independent contractors; however, little attention has been given to how relational factors influence the career outcomes of high-skilled independent contractors or how such influences differ by gender. Building upon theories of social networks and unequal network returns (UNR), our study investigates the informal social relationships among arbitrators, the association between interpersonal relationship patterns and arbitrators’ career success, and how these associations vary based on gender.

Design/methodology/approach

A social network survey is used to collect the social networks, attitudes and fee information of 407 labor and employment arbitrators working in North America. A multi-level regression analysis was used to examine the proposed relationships among social networks, gender and career outcomes of the arbitrators.

Findings

We discovered that occupying a central position within advice networks is positively associated with occupational satisfaction. On the other hand, having strong ties is associated with achieving high employment arbitration fees. Notably, we found that the advantages of strong ties for arbitration fees are comparatively weak for female arbitrators relative to their male counterparts.

Originality/value

This research examines the relationship between social networks and career outcomes for independent contractors in the unique context of arbitrators. It further highlights inequalities experienced by female arbitrators in a male-dominated profession where their social networks offer fewer rewards relative to their male counterparts.

Details

Equality, Diversity and Inclusion: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2040-7149

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Article
Publication date: 2 September 2024

Stephen Akunyumu, Frank D.K. Fugar and Emmanuel Adinyira

Equitable risk allocation is important for the effective management of inevitable risks in International Construction Joint Venture (ICJV) projects. Previous studies have…

Abstract

Purpose

Equitable risk allocation is important for the effective management of inevitable risks in International Construction Joint Venture (ICJV) projects. Previous studies have documented risks facing ICJV projects. However, there is a dearth of studies on the risk allocation preferences that take into consideration the opinions of both the local and foreign partners. This study aims to fill this gap by ascertaining the risk allocation preferences of the partners of ICJV projects for effective risk management.

Design/methodology/approach

Through a survey, data on risk allocation preferences were collected from both local and foreign partners of ICJV projects using a comprehensive register of 74 risks.

Findings

Following analysis, six risks were allocated to the local partner, 11 were allocated to the foreign partner, 51 risks were shared, four were allocated to a third party and two were to be negotiated based on the specific circumstances of the project. Practically, the study’s findings will help ICJV partners in drafting their ICJV contracts to adequately allocate risks and reduce contract negotiation time considerably.

Practical implications

The findings from this study will help partners in drafting their joint venture contract agreement and also reduce the period for contract negotiation. Knowledge of the preferred risk allocation is important in allocating risks in the contract agreement to the relevant partner for effective management.

Originality/value

This study, to the best knowledge of the authors, is one of the early studies to ascertain the risk allocation preferences of ICJV project partners in the Ghanaian construction industry – a departure from previous studies which focused on the identification and evaluation of risks. This study is also different from previous studies by considering the allocation preferences of both partners of the ICJV. The collection of data from both partners of the ICJV helped to consider their perceptions on risk allocation and evaluation, essentially leading to cross-cultural and optimal risk allocation preferences.

Details

Journal of Financial Management of Property and Construction , vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1366-4387

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Article
Publication date: 9 September 2024

Boulenouar Lakhdari

This study aims to measure the impact of information and communication technology (ICT) infrastructure on divorce for a sample of developed countries for the period (2012-2021).

Abstract

Purpose

This study aims to measure the impact of information and communication technology (ICT) infrastructure on divorce for a sample of developed countries for the period (2012-2021).

Design/methodology/approach

This paper uses fixed effect and generalized method of moments (GMM) estimation to delve into the impact of eight ICT infrastructure factors on divorce. The analyses are based on data collected from the World Bank Development Indicators.

Findings

The fixed effect analysis revealed that an increase in both fixed-telephone subscriptions and population covered by at least a 4G led to an increase in divorce. However, an increase in mobile cellular subscriptions and active mobile broadband subscriptions lead to a decrease in divorce. The results of the GMM estimator showed that fixed broadband internet prices, mobile broadband internet prices, the percentage of the population covered by the 4 G mobile network and fixed-telephone subscriptions had a substantial effect on divorce. While fixed broadband subscriptions, active mobile broadband subscriptions and mobile cellular basket were found to hinder divorce.

Research limitations/implications

The findings of this study contribute to the existing literature by highlighting the impact of ICT on divorce in a sample of developed countries. Furthermore, it helps decision-makers and families to understand the causes of divorce related to ICT infrastructure in these societies, so they can understand this phenomenon and provide proactive policies.

Originality/value

This study used multiple factors to measure ICT infrastructure as well as the GMM estimator to delve into the impact of ICT on divorce.

Details

Global Knowledge, Memory and Communication, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9342

Keywords

Article
Publication date: 26 August 2024

Ali Salem Almarri

The purpose of this research is to demonstrate how legal strategies can be used to enhance the effectiveness of value-added tax (VAT) and how taxation laws can synergise with…

Abstract

Purpose

The purpose of this research is to demonstrate how legal strategies can be used to enhance the effectiveness of value-added tax (VAT) and how taxation laws can synergise with economic goals to strengthen the economy.

Design/methodology/approach

This study uses a comprehensive approach to explore various aspects of VAT, including its mechanics, collection process and global trends. It uses a comparative analysis of different types of taxes and their potential impact on economic growth. Additionally, it examines the role of the law in establishing tax systems, and how the law makes VAT more effective.

Findings

The research highlights the importance of legal frameworks in implementing VAT strategies and addressing associated challenges. It also identifies the advantages and disadvantages of VAT and discusses its role in diversifying economic income sources to ensure a sustainable national revenue stream.

Originality/value

This research contributes to the literature by offering insights into the interplay between law, taxation and economic development, particularly focusing on the effectiveness of VAT. It provides original perspectives on legal strategies to optimise VAT systems and enhance economic growth.

Details

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

Keywords

Article
Publication date: 10 September 2024

Samuel Owusu Asare, Godfred Fobiri and Francis Kwesi Bondinuba

Ghana’s legal framework for procurement has undergone substantial reform to increase its efficacy. However, disregard for legal obligations set forth has resulted in issues of…

Abstract

Purpose

Ghana’s legal framework for procurement has undergone substantial reform to increase its efficacy. However, disregard for legal obligations set forth has resulted in issues of fraud, corruption and poor oversight. This study seeks to synthesize literature on the recognition of legal obligations arising from tendering procedures and measures to promote fairness, transparency and accountability under Ghana’s procurement framework.

Design/methodology/approach

Legal frameworks and publications from diverse countries have been synthesized using a systematic literature review across three databases (Scopus, JSTOR and HeinOnline) to illuminate key concepts, issues and best practices relevant to the study. Data obtained from included publications was synthesized using Sandelowski and Barroso’s two-step approach by using a qualitative meta-summary and thematic synthesis.

Findings

The study reveals that issues of conflict of interest, corruption, lack of capacity, inadequate oversight and insufficient legal follow-through hinder the effectiveness of procurement regulations. The findings highlight the need for targeted improvements in resource allocation for consistent application of transparency measures, regular publication of notices and robust enforcement of accountability mechanisms. The report proposes the creation of a common data environment for networking and information dissemination, implementing feedback systems and trust rating schemes.

Practical implications

The study contributes to the body of knowledge on procurement regulation by providing a thorough analysis of Ghana’s procurement framework. The findings will help policymakers close the observed implementation gaps by guiding the revision of current legislation and the introduction of new regulations. Research findings can be used to guide the creation of focused training courses.

Originality/value

This study, one of the first of its kind in Ghana, examines the current procurement framework, including legal obligations and implementation challenges. It contributes to the body of knowledge on the subject by providing a current and fact-based analysis as well as relevant recommendations for strengthening the framework.

Details

Built Environment Project and Asset Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2044-124X

Keywords

Article
Publication date: 21 June 2024

Adamu Gayus Kasa, Matthew Egharevba and Ajibade Jegede

This paper aims to present the continuous Nigerian Government’s failure to protect the lives and property of its citizens against the incessant itinerant herders’ violence…

Abstract

Purpose

This paper aims to present the continuous Nigerian Government’s failure to protect the lives and property of its citizens against the incessant itinerant herders’ violence, despite its numerous programs in attempts to end the carnage. It sought also to examine the relationship between this government’s failure to meet its responsibility and the ineluctable self-defense mechanisms adopted by the people of Plateau State, Nigeria.

Design/methodology/approach

The research was both quantitative and qualitative. The study was conducted in four of the 17 Local Government Areas of the state: Bassa, Jos-south, Riyom and Barkin Ladi. A sample size of 400 was determined using Yamane Taro’s sampling size formula. Four hundred respondents were interviewed using a Google questionnaire (found at this link: https://forms.gle/tu96ZDwP85e8JsGu8). In this study, a total of seven key informant interviews and nine focus group discussions were conducted.

Findings

The finding revealed that most indigenous ethnic groups were dissatisfied with the government’s handling of the nomadic herders’ aggression. Therefore, 99.1% of Berom, 99.0% of Irigwe and 92.9% of other ethnicities argued that the government’s failure to protect them is a tacit permission for self-defense. On the contrary, 60.0% of the Fulani were satisfied with the government’s strategies in ending the aggression and 95.0% of them argued that the government’s failure to protect its citizens is not an implied permission for self-defense. It was also found that a relationship exists between the government’s lack of capacity to end the nomadic herders’ aggression and implied consent for self-defense in Plateau State, Nigeria.

Originality/value

This is a research paper that uses primary data. The findings are germane to ending the challenge of recurrent aggression of nomadic herders on other Nigerians. The study concludes that the government must live up to its responsibility of the protection of its citizens’ lives and property, failure to do so is an implicit permission to the citizens to defend themselves. It also recommended that the government should return displaced people to their communities.

Details

Safer Communities, vol. 23 no. 4
Type: Research Article
ISSN: 1757-8043

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