Construction management contracts: law and practice

The context of construction management (CM) reveals that this method of procurement is as much a management philosophy as a contract structure. It is important to consider legal and contractual issues in this context. The interplay between management and law is complex and often misunderstood. Before considering specific issues, the use of contractual remedies in business agreements is discussed. In addition, the extent to which standardising a form of contract detracts or contributes to the success of projects is also considered. The dearth of judicial decisions, and the lack of a standard form, render it difficult to be specific about legal issues. Therefore, the main discussion of legal issues is centred around a recently completed research project which involved eliciting the views of a cross-section of experienced construction management clients, consultants and trade contractors. These interviews are used as the basis for highlighting some of the most important legal points to consider when setting up CM projects. The interviews revealed that the advantage of CM is the proximity of the client to the trade contractors and the disadvantage is that it depends on a high degree of professionalism and experience; qualities which are unfortunately difficult to find in the UK construction industry.

ARCOM construction management abstracts 1983-1998

The purpose of this document is to provide a single source of reference for every paper published in the journals directly related to research in Construction Management. It is indexed by author and keyword and contains the titles, authors, abstracts and keywords of every article from the following journals: • Building Research and Information (BRI) • Construction Management and Economics (CME) • Engineering, Construction and Architectural Management (ECAM) • Journal of Construction Procurement (JCP) • RICS Research Papers (RICS) The index entries give short forms of the bibliographical citations, rather than page numbers, to enable annual updates to the abstracts. Each annual update will carry cumulative indexes, so that only one index needs to be consulted.

Construction management abstracts : cumulative abstracts and indexes of journals in construction management, 1983-2000

The purpose of this document is to provide a single source of reference for every paper published in the journals directly related to research in Construction Management. It is indexed by author and keyword and contains the titles, authors, abstracts and keywords of every article from the following journals: • Building Research and Information (BRI) • Construction Management and Economics (CME) • Engineering, Construction and Architectural Management (ECAM) • Journal of Construction Procurement (JCP) • Journal of Construction Research (JCR) • Journal of Financial Management in Property and Construction (JFM) • RICS Research Papers (RICS) The index entries give short forms of the bibliographical citations, rather than page numbers, to enable annual updates to the abstracts. Each annual update will carry cumulative indexes, so that only one index needs to be consulted.

ARCOM construction management abstracts : cumulative abstracts and indexes of journals in construction management, 1999 update

The purpose of this document is to provide a single source of reference for every paper published in the journals directly related to research in Construction Management. This volume brings together articles published during 1999. It is indexed by author and keyword and contains the titles, authors, abstracts and keywords of every article from the following journals: • Building Research and Information (BRI) • Construction Management and Economics (CME) • Engineering, Construction and Architectural Management (ECAM) • Journal of Construction Procurement (JCP) • RICS Research Papers (RICS) The index entries give short forms of the bibliographical citations, rather than page numbers, to enable rapid reference to articles. A cumulative volume is available from the editor. Included in this volume is an appendix listing a wide range of journals associated with construction management research, giving details of frequency, editorial addresses and web sites, as well as whether each journal is international and/or refereed.

Copyright issues on the protection of architectural works and designs

Architects and engineers depend on copyright law to protect their original works. Copyright protection is automatic once a tangible medium of expression in any form of an innovative material, conforming the Copyright Designs and Patents Act 1988, is created. In terms of architectural works, they are protected as literary works (design drawings and plans) and as artistic works (the building or model of the building). The case law on the concept of “originality” however discloses that it may be difficult for certain artistic works of architecture to achieve copyright protection. Although copyright law provides automatic protection to all original architectural plans, the limitation is that it only protects the expression of ideas but not the ideas themselves. The purpose of this research is to explore how effective the UK’s copyright law regime is for protecting the rights and interests of architects in their works. In addition, the United States system of copyright law will be analysed to determine whether it provides more effective protection for architects and engineers with regard to architectural works. The key objective in carrying out this comparison is to compare and contrast the extent to which the two systems protect the rights and interests of architects against copyright infringement. This comparative analysis concludes by considering the possibility of copyright law reform in the UK.

Goal sketching: towards agile requirements engineering

This paper describes a technique that can be used as part of a simple and practical agile method for requirements engineering. The technique can be used together with Agile Programming to develop software in internet time. We illustrate the technique and introduce lazy refinement, responsibility composition and context sketching. Goal sketching has been used in a number of real-world development projects, one of which is described here.

Who owns the copyright of architectural works and designs?

Copyright protects the rights and interests of authors on their original works of authorship such as literary, dramatic, musical, artistic, and certain other intellectual works including architectural works and designs. It is automatic once a tangible medium of expression in any form of an innovative material, which conforms the Copyright Designs and Patents Act 1988 (CDPA 1988), is created. This includes the building, the architectural plans and drawings. There is no official copyright registry, no requirements on any fees need to be paid and they can be published or unpublished materials. Copyrights owners have the rights to control the reproduction, display, publication, and even derivation of the design. However, there are limitations on the rights of the copyright owners concerning copyrights infringements. Infringement of copyright is an unauthorised violation of the exclusive rights of the copyright author. Architects and engineers depend on copyright law to protect their works and design. Copyrights are protected on the arrangements of spaces and elements as well as the overall form of the architectural design. However, it does not cover the design of functional elements and standard features. Although copyright law provides automatic protection to all original architectural plans, the limitation is that copyright only protects the expression of ideas but not the ideas themselves. It can be argued that architectural drawings and design, including models are recognised categories of artistic works which are protected under the copyright law. This research investigates to what extent copyrights protect the rights and interests of the designers on architectural works and design.

Intellectual property law on architectural design in collaborative design communication as digital assets

Digital Economy is one of the crucial elements promoted by the Digital Britain Report June 2009 and its Implementation Plan August 2009 in order to maintain and further the UK’s position as one of the world’s leading digital knowledge economies. Therefore, the application of Digital Technologies is high in the agenda. As pervasive digital technologies become more widely available, it becomes increasingly important to understand the legal implications of digital assets produced via digital technologies in collaborative design communication. Architects and engineers depend on intellectual property law to protect their original works. Copyright protection is automatic once a tangible medium of expression in any form of an innovative material, conforming the Copyright Designs and Patents Act 1988, is created. Although copyright law provides automatic protection to all original architectural plans, the limitation is that it only protects the expression of ideas but not the ideas themselves. The purpose of this research is to explore how effective the UK’s copyright law regime is for protecting the rights and interests of architects and engineers in their works as digital assets. The UK’s copyright law is ripe for modernisation not only to protect the rights of designers but also to further UK’s position in digital economy.

Architectural effect on the surface tension of an ABA triblock copolymer melt

The excess surface energy of lamellae formed by an ABA triblock copolymer melt oriented parallel to a neutral surface is evaluated using self-consistent field theory (SCFT). Consistent with experiments and previous SCFT calculations, we find a preference for the A-rich domains at the surface, which can only be attributed to the architectural asymmetry between the A and B blocks. The behavior was previously attributed to a loss of bridging configurations that occurs when the B-domain resides at the surface. Here we demonstrate that it is actually the presence of chain ends that reduces the excess surface energy of an A-rich domain relative that of a B-rich domain.

The importance of sward architectural complexity in structuring predatory and phytophagous invertebrate assemblages

1. Although the importance of plant community assemblages in structuring invertebrate assemblages is well known, the role that architectural complexity plays is less well understood. In particular, direct empirical data for a range of invertebrate taxa showing how functional groups respond to plant architecture is largely absent from the literature. 2. The significance of sward architectural complexity in determining the species richness of predatory and phytophagous functional groups of spiders, beetles, and true bugs, sampled from 135 field margin plots over 2 years was tested. The present study compares the relative importance of sward architectural complexity to that of plant community assemblage. 3. Sward architectural complexity was found to be a determinant of species richness for all phytophagous and predatory functional groups. When individual species responses were investigated, 62.5% of the spider and beetle species, and 50.0% of the true bugs responded to sward architectural complexity. 4. Interactions between sward architectural complexity and plant community assemblage indicate that the number of invertebrate species supported by the plant community alone could be increased by modification of sward architecture. Management practices could therefore play a key role in diversifying the architectural structure of existing floral assemblages for the benefit of invertebrate assemblages. 5. The contrasting effects of sward architecture on invertebrate functional groups characterised by either direct (phytophagous species) or indirect (predatory species) dependence on plant communities is discussed. It is suggested that for phytophagous taxa, plant community assemblage alone is likely to be insufficient to ensure successful species colonisation or persistence without appropriate development of sward architecture.