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Article
Publication date: 8 April 2024

Issaka Ndekugri, Ana Karina Silverio and Jim Mason

States have intervened with legislation to improve cashflow within construction project supply chains. The operation of the UK’s Housing Grants, Construction and Regeneration Act…

Abstract

Purpose

States have intervened with legislation to improve cashflow within construction project supply chains. The operation of the UK’s Housing Grants, Construction and Regeneration Act 1996 leads to payment obligations stated either as a contract administrator’s certificate (or equivalent) or an adjudicator’s decision. The purpose of the intervention would be defeated unless there are speedy ways of transforming these pieces of paper into real money. The combination of the legislation, contractual provisions and insolvency law has produced a minefield of complexity concerning enforcement of payment obligations stated in these documents. Unfortunately, the knowledge and understanding required to navigate these complexities have been sorely lacking. The purpose of this paper is to plug this gap.

Design/methodology/approach

Legal research methods and case study approaches, using relevant court decisions as data, were adopted.

Findings

The enforcement method advised by the court is the summary judgment procedure provided under the Civil Procedure Rules. An overdue payment obligation, either under the terms of a construction contract or an adjudicator’s decision, amounts to a debt that can be the subject of insolvency proceedings. Although the insolvency enforcement method has been successfully used on some occasions, using it purely as a debt collection weapon would be inappropriate and likely to be punished by the court.

Originality/value

The paper contributes to knowledge in two ways: (i) it maps out the factual situations in which these payment challenges arise in language accessible to the construction industry’s professions; and (ii) comparative analysis of payment enforcement methods to aid decision-making by parties to construction industry contracts. It is relevant to the other common-law jurisdictions in which similar statutory interventions have been made.

Details

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

Keywords

Open Access
Article
Publication date: 25 July 2023

Francisco David Guillén-Gámez, Ernesto Colomo-Magaña, Julio Ruiz-Palmero and Łukasz Tomczyk

To know the digital competence of rural teachers to carry out the tutoring process with members of the educational community through digital resources (teacher-student…

Abstract

Purpose

To know the digital competence of rural teachers to carry out the tutoring process with members of the educational community through digital resources (teacher-student, teacher-families and teacher-teaching team). As specific objectives, gender, teaching specialties, interaction between gender*teaching speciality, and significant predictors were analysed.

Design/methodology/approach

The research was quantitative, with a non-experimental, cross-sectional, descriptive and inferential design.

Findings

The results showed an explorer-expert teacher, where the generalist teachers had a superior competence compared to the rest of the specialties. Gender and teaching speciality were significant predictors in the communication that the teacher has with all the agents involved, while the interaction of both predictors was only significant between the teacher-teaching team and teacher-families.

Research limitations/implications

Another issue worth considering relates to the development of the classification tree for the use of digital resources in tutorial action. Due to lack of space, the proposal has focused on gender and particular subjects, but it would be interesting to focus on the dimensions of the instrument with regard to tutorial action with the different agents (students, teaching staff and families).

Originality/value

After reviewing the literature, the authors can conclude that very little quantitative research is focused on the level of self-perception of digital competence of teachers in rural schools. Furthermore, the teaching speciality of teachers has up until now hardly been taken into account as a variable that can determine the levels of digital competence. Not many studies have analysed the use of digital resources to communicate with the different members of the educational community.

Details

Journal of Research in Innovative Teaching & Learning, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2397-7604

Keywords

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