Steering towards pinnacle of success : the NEC tenets in Australian construction contracting

Contractual relationships have become increasingly strained in recent years in the construction industry result in the use of the judicial system for the settlement of contractual disagreements. Why is this so? Evidence from anecdotes suggest that the lack of capacity amongst owners and contractors to carry out a contract using a good practice approach during the construction of a project contribute to the occurrence of conflicts, losses, deficient contractual relationships and poor performance of the construction work. Recognizing that current forms of contract in use today perpetuate a legacy of construction problems, we are conducting explanatory research to examine whether the widely publicized benefits of New Engineering Contract (NEC) could be realized in the Australian construction industry. This paper outlines a research agenda that will help shed light on how contract forms are able to be used as a mechanism to ensure construction projects are delivered successfully whilst also meeting the goals of multiple stakeholders. Understanding the Critical Success Factors (CSFs), commonly used construction contracts and the NEC system can help us address some of these issues. However, there are gaps in the validation of the benefits of NEC and its link with project success. We identify some of these gaps and propose a methodology by which to gain insights into this phenomenon. Keywords: Project Success, Construction Contracting, New Engineering Contract (NEC)

ACE research briefing paper 002: learning and adaptation in the business creation process

This year marks the completion of data collection for year three (Wave 3) of the CAUSEE study. This report uses data from the first three years and focuses on the process of learning and adaptation in the business creation process. Most start-ups need to change their business model, their product, their marketing plan, their market or something else about the business to be successful. PayPal changed their product at least five times, moving from handheld security, to enterprise apps, to consumer apps, to a digital wallet, to payments between handhelds before finally stumbling on the model that made the a multi-billion dollar company revolving around email-based payments. PayPal is not alone and anecdotes abounds of start-ups changing direction: Sysmantec started as an artificial intelligence company, Apple started selling plans to build computers and Microsoft tried to peddle compilers before licensing an operating system out of New Mexico. To what extent do Australian new ventures change and adapt as their ideas and business develop? As a longitudinal study, CAUSEE was designed specifically to observe development in the venture creation process. In this research briefing paper, we compare development over time of randomly sampled Nascent Firms (NF) and Young Firms(YF), concentrating on the surviving cases. We also compare NFs with YFs at each yearly interval. The 'high potential' over sample is not used in this report.

‘Supersize me’ : on equine obesity

There’s nothing like travel to broaden the mind. As a young man living in Britain during the 1980s I thought I knew about human obesity, but it took a visit to the US to show me what an epidemic looks like. Nowadays I live in Australia, where human obesity is rife. We have plenty of fat horses too (Sillence et al., 2006), but they are noticeable. In fact, it was only recently during a return visit to Britain, that I was finally sold on the concept of an equine obesity epidemic. It seems that in the UK, the fat horse or pony is now so commonplace that it has come to represent the norm in the eyes of many owners. I met clinicians who claim to have forgotten what a fit horse looks like, and heard anecdotes of a responsible owner who kept their animals in a healthy body condition, only to be reported to the RSPCA for ‘cruelty’. Round and shiny have become the order of the day and, as we have learned from the tsunami of human obesity, once a problem reaches a certain scale it can seem unstoppable, despite the attendant risks, costs and consequences.

New directions for digital video creation in the classroom : spatiality, embodiment, and creativity

This column features a conversation (via email, image sharing, and Facetime) that took place over several months between two international theorists of digital filmmaking from schools in two countries—Professors Jason Ranker (Portland State University, Oregon, United States) and Kathy Mills (Queensland University of Technology, Australia). The authors discuss emerging ways of thinking about video making, sharing tips and anecdotes from classroom experience to inspire teachers to explore with adolescents the meaning potentials of digital video creation. The authors briefly discuss their previous work in this area, and then move into a discussion of how the material spaces in which students create videos profoundly shape the films' meanings and significance. The article ends with a discussion of how students can take up creative new directions, pushing the boundaries of the potentials of classroom video making and uncovering profound uses of the medium.

In search of Nirvana : why Nirvana : the True Story could never be "true"

In my book Nirvana: The True Story (2006), I undertake an autoethnographical approach to biography, attempting to impart an understanding of my chosen subject - the rock band Nirvana - via discussion of my own experiences. On numerous occasions, I veer off into tangential asides, frequently using extensive footnotes to explain obscure musical references. Personal anecdotes are juxtaposed with "insider" information; at crucial points in the story (notable concerts, the first meeting of singer Kurt Cobain with his future wife Courtney Love, the news of Cobain's suicide), the linear thread of the narrative spills over into a multi-faceted approach, with several different (and sometimes opposing) voices given equal prominence. Despite my firsthand experience of the band, however, Nirvana: The True Story is not considered authoritative, even within its own field. This article considers the reasons why this may be the case.In my book Nirvana: The True Story (2006), I undertake an autoethnographical approach to biography, attempting to impart an understanding of my chosen subject - the rock band Nirvana - via discussion of my own experiences. On numerous occasions, I veer off into tangential asides, frequently using extensive footnotes to explain obscure musical references. Personal anecdotes are juxtaposed with "insider" information; at crucial points in the story (notable concerts, the first meeting of singer Kurt Cobain with his future wife Courtney Love, the news of Cobain's suicide), the linear thread of the narrative spills over into a multi-faceted approach, with several different (and sometimes opposing) voices given equal prominence. Despite my firsthand experience of the band, however, Nirvana: The True Story is not considered authoritative, even within its own field. This article considers the reasons why this may be the case.

The grapes of wrath: The Coonawarra dispute, geographical indications and international trade

The famous wine region of Coonawarra in South Australia has been promoted as ’Australia's other Red Centre', emphasizing its terra rossa soil and its cabernet sauvignon. In his atlas of the wine regions of Australia, John Beeston comments upon the rich and contested history of the region: ’Coonawarra is certainly the most famous cabernet sauvignon region in Australia, and some would argue, the most renowned wine region in Australia per se'. A reporter, Penelope Debelle, captures a sense of the legal conflict over the parameters of the boundaries of Coonawarra: ’Behind the name Coonawarra, an inglorious contest is being waged that pits the romance of South Australia's terra rossa cool-climate wine region against the cold commercial reality of the label.'This Chapter tells the story behind the Coonawarra litigation, addressing the parties to the dispute; the legal and historical context of the case; and the immediate impact case, as well as its lingering significance. It considers the ’Coonawarra' case as, very literally, a landmark in Australian jurisprudence in respect of intellectual property. This chapter engages in the methodology of ’legal storytelling'. In the field of new historicism, the use of anecdotes - petite histoire - has been seen as a useful way of challenging grand historical narratives. Joel Fineman has observed that the anecdote is ’the literary form or genre that uniquely refers to the real.' This chapter has three parts. Part 1 outlines the European Community - Australia Wine Agreement 1994, and the operation of the Australian Wine and Brandy Corporation Act 1980 (Cth). Part 2 considers the various stages of the dispute over the Coonawarra region - moving from the decision of the Geographical Indications Committee, to the ruling of the Administrative Appeals Tribunal; and the conclusive decision of the Full Court of the Federal Court of Australia. Part 3 examines the implications of the Coonawarra litigation for other wine regions of Australia - most notably, the King Valley in Victoria; but also the Hunter Valley in the New South Wales; and the Margaret River in Western Australia. The conclusion considers the ramifications of the European Community-Australia Wine Agreement 2007, which has been initialed by both sides.