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Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…

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Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 26 September 2024

Jakob B Sørensen

This chapter provides a general introduction to the companion, to FIDIC as an organisation and to the FIDIC contractual framework. It also includes a general guide to drafting…

Abstract

This chapter provides a general introduction to the companion, to FIDIC as an organisation and to the FIDIC contractual framework. It also includes a general guide to drafting international contracts as well as a more specific guide to drafting FIDIC based contracts. It includes a comparison of main features of the FIDIC conditions, a guide on selecting the right FIDIC form, and a general introduction on structuring a FIDIC based contract. Finally, it includes a list of suggested further reading.

Details

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

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Article
Publication date: 1 February 1999

ISSAKA NDEKUGRI and BARRY MCDONNELL

A new edition of the FIDIC Red Book is under discussion. It is an issue whether this edition should be based on the current edition or there should be a complete break with…

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Abstract

A new edition of the FIDIC Red Book is under discussion. It is an issue whether this edition should be based on the current edition or there should be a complete break with tradition in favour of a contract based on a new philosophy such as that of the NEC, which is reported to be used in many countries in circumstances in which the Red Book would otherwise have been used. This article compares the two contracts on the way they deal with site conditions issues. The comparison is on equity and clarity in risk allocation, adequacy of contractual procedures for dealing with unforeseeable conditions encountered, effectiveness of contractual machinery for dispute resolution, and compliance with reported new developments in successful contractual practices in underground construction. Studies highlighting the recurring frequency of claims for unforeseen ground conditions suggest a need for such particular attention to this aspect of construction. Although a desire for some equity in risk sharing is discernible in both contracts, there is room for improvement in the clarity of both contracts. Each contract has commendable features which are not present in the other. However, a better approach involves a combination of these features with full compliance of the reported modern developments in successful contracting practices.

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Engineering, Construction and Architectural Management, vol. 6 no. 2
Type: Research Article
ISSN: 0969-9988

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Book part
Publication date: 26 September 2024

Jakob B Sørensen

Clause 1 [General Provisions] contains the provisions that in many contracts are bundled together under the ‘miscellaneous’ or ‘other provisions’ heading and includes a list of…

Abstract

Clause 1 [General Provisions] contains the provisions that in many contracts are bundled together under the ‘miscellaneous’ or ‘other provisions’ heading and includes a list of definitions, some interpretation principles, rules on communication between the Parties, documents forming the Contract, assignment, confidentiality etc. But Clause 1 also contains other provisions, like the Employer's right to use documentation and other deliverables provided by the Contractor (in other contracts usually referred to as a license to use), and a substantive Sub-Clause on limitation of liability.

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: 1 February 2002

M. MOTIAR RAHMAN and M.M. KUMARASWAMY

This paper reports the outcomes of the first of three planned questionnaire surveys in the first phase of a broader Hong Kong based study on ‘Joint Risk Management’ (JRM). The…

2242

Abstract

This paper reports the outcomes of the first of three planned questionnaire surveys in the first phase of a broader Hong Kong based study on ‘Joint Risk Management’ (JRM). The survey compared perceptions on both present and preferred risk allocation, including JRM, in construction contracts. Data was mainly collected in Hong Kong and mainland China (with most respondents having working experience from Hong Kong) from various professionals and practitioners representing broad groups of academics, consultants, contractors and owners (clients). Survey results reinforce previous observations (in Canada) of the divergences in perceptions on both present and preferred risk allocation, both within and between different contracting parties. The present study reveals quite wide (marked) divergencies with many individual cases of diametrically opposing views on allocating particular risks within specific groups. Despite such divergencies, respondents professed a general enthusiasm towards JRM, irrespective of their contractual or professional affiliation. Moreover, they generally preferred to assign reduced risks from either one or both contracting parties to JRM, rather than shifting more risks to the other party. This is indicative of a perceived trend towards more collaborative and teamwork based working environments.

Details

Engineering, Construction and Architectural Management, vol. 9 no. 2
Type: Research Article
ISSN: 0969-9988

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Article
Publication date: 3 October 2023

Emmanuel Abord de Chatillon, Fabienne Bornard, Jean-Yves Ottmann and Cindy Felio

It seems that some aspects of employees' experience can lead to their “losing faith in the system of paid employment”. This disillusion can be studied and measured through the…

Abstract

Purpose

It seems that some aspects of employees' experience can lead to their “losing faith in the system of paid employment”. This disillusion can be studied and measured through the theoretical construct of a psychological contract breach experienced by the employee. This exploratory article thus examines whether the conditions of paid employment could lead to a new dimension of psychological contract breaches: a breach with paid employment itself that could drive to self-employment.

Design/methodology/approach

The authors use a structural equation modeling on a sample of 403 people who have declared their intention to leave paid employment for self-employment.

Findings

The study's results show that working conditions affect psychological contract breaches in various dimensions. The authors propose a dimension of psychological contract breaches linked to paid employment, which can lead to the choice to leave paid employment and become self-employed. The authors also confirm the importance of working conditions as antecedents of psychological contract breaches.

Research limitations/implications

The main limitations of this exploratory research are the use of unvalidated scales and a small sample size, with a population that could be better defined. As Murgia et al. (2020) point out, it is not yet clear at the moment whether this category is a special group, equivalent to traditionally distinguished groups of working people. The study's assumptions and these limitations lead us to propose the following avenues for future research.

Practical implications

For managers and the development of management, the possible relationship between working conditions and psychological contract breaches seems to be very important. In fact, a whole range of best management practices could be developed if this relationship is confirmed. Improving working conditions could thus be a way to repair psychological contracts.

Social implications

This research field is still quite underdeveloped in comparison to its importance to organizations because the increase in self-employment challenges traditional models and assumptions in human resources management.

Originality/value

This study aims to expand the theoretical frameworks of psychological contracts and breaches. It thus responds to recent calls for research on psychological contracts (Bankins et al., 2020); Moreover, this research suggests, in line with the work of Aubert and de Gaulejac (2018), that there are relationships between poor working conditions and psychological contract breaches. To the authors' knowledge, this approach is missing from international research into psychological contracts, which focuses only on job characteristics and individual determinants (personality traits, etc.).

Details

Journal of Management Development, vol. 42 no. 7/8
Type: Research Article
ISSN: 0262-1711

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Article
Publication date: 1 March 2010

Sue Arrowsmith

Public procurement is widely used to promote objectives of an economic, environmental and social nature, such as the economic development of disadvantaged social groups. This…

Abstract

Public procurement is widely used to promote objectives of an economic, environmental and social nature, such as the economic development of disadvantaged social groups. This article elaborates a detailed taxonomy of such “horizontal” policies. This study is valuable, first, to facilitate analysis of the practical phenomenon of horizontal policies and of the policy implications of different approaches and, second, to illuminate and develop the relevant regulatory frameworks under national and international regimes. The taxonomy is based on three key distinctions between the following: 1. policies limited to securing compliance with legal requirements and those that go beyond such requirements; 2. policies applied only to the contract awarded and those that go beyond it; and 3. nine different mechanisms by which policies are implemented in the procurement process.

Details

Journal of Public Procurement, vol. 10 no. 2
Type: Research Article
ISSN: 1535-0118

Article
Publication date: 19 June 2009

Adekunle S. Oyegoke, Michael Dickinson, Malik M.A. Khalfan, Peter McDermott and Steve Rowlinson

The purpose of this paper is to examine different categories of building project procurement routes based on organisational, contractual, financial and technical issues.

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Abstract

Purpose

The purpose of this paper is to examine different categories of building project procurement routes based on organisational, contractual, financial and technical issues.

Design/methodology/approach

The paper is based on review of literature and conditions of contracts. The UK construction industry serves as a general frame of reference. The Royal Institution of Chartered Surveyors survey of Contracts in Use from 1985 to 2004 is used to probe the share and value of contracts along different procurement routes and across different conditions of contracts in the UK. The logic is that the value and the share of contracts will indicate the behaviour of different procurement routes in the UK construction market while the in‐depth analysis of conditions of contracts will show the gaps and relationships between the general definition/categorisation and contractual context (conditions of contracts) of each of the procurement routes.

Findings

The preliminary result of the analysis shows that traditional routes remain the main type of procurement route for the construction project industry sector, within which different management and incentivisation systems are applied for greater efficiency. The conditions of contracts in the UK support this assertion by aligning different procurement routes to different conditions of contracts and additionally specifying different forms of agreements, special provisions and incentivisation in order to increase performance, reduce risks and improve compensation methods.

Research limitations/implications

The study can serve as a learning opportunity for construction project stakeholders internationally, and clients in particular, to differentiate between procurement routes, management‐oriented systems, relational contracting and incentivisation.

Originality/value

The research provides an original assessment of construction procurement which can be used as intervening tool in different levels of private and public procurement strategies.

Details

International Journal of Managing Projects in Business, vol. 2 no. 3
Type: Research Article
ISSN: 1753-8378

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Article
Publication date: 1 December 2004

Ovidiu Tinca

Looks in depth at Romania’s Labour Code and lists out in more detail all the relevant points, to show how employees and employers may work better together without conflict, Using…

Abstract

Looks in depth at Romania’s Labour Code and lists out in more detail all the relevant points, to show how employees and employers may work better together without conflict, Using guidelines from the European Union. Uses countries as a flagstaff for what could be done to improve matters for temporary employees.

Details

Managerial Law, vol. 46 no. 6
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 9 March 2020

Edward Mitchell

The compulsory purchase of land forms the subject of much legal and urban regeneration research. However, there has been little examination of the contractual arrangements between…

Abstract

Purpose

The compulsory purchase of land forms the subject of much legal and urban regeneration research. However, there has been little examination of the contractual arrangements between local authorities and private sector property developers that often underpin the compulsory purchase process. This paper aims to examine local authority/private developer contractual behaviour in this context.

Design/methodology/approach

An empirical examination of property development contracts made for the “Silver Hill” project in Winchester, a small city in southern England, and the Brent Cross shopping centre extension in north London. Drawing on Macneil’s (1983) relational contract theory, the paper analyses key contract terms and reviews local authority documentation related to the implementation of those terms.

Findings

The contracts had two purposes as follows: to provide a development and investment opportunity through the compulsory purchase and redistribution of private land; and to grant the private developers participating in the projects freedom to choose if they wished to take up that opportunity. While the contracts look highly “relational”, the scope for flexibility and reciprocity is both carefully planned and tightly controlled. This exposes an asymmetric power imbalance that emerges in and is rearticulated by this type of contractual arrangement.

Originality/value

The empirical analysis of contract terms and contractual behaviour provides a rare opportunity to scrutinise the local authority-private developer relationship underpinning both property development practice and compulsory purchase.

Details

Journal of Property, Planning and Environmental Law, vol. 13 no. 1
Type: Research Article
ISSN: 2514-9407

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