Construction contracts: law and management. 4th edition

This is a fully revised edition of the UK’s leading textbook on the law governing construction contracts and the management and administration of those contracts. Although the legal principles involved are an aspect of general contract law, the practical and commercial complexities of the construction industry have increasingly made this a specialist area. This new edition has been brought up to date with recent cases and developments in the law as it stands at March 2007. The basic approach of the book has been retained. Rather than provide a commentary on standard-form contracts, our approach is to introduce the general principles that underlie contracts in construction, illustrating them by reference to the most important standard forms currently in use. Some of the common standard-form contracts have been revised since the previous edition, and the text has been revised to take account of these changes. Practitioners (consultants, builders, clients and lawyers) will find this an extremely useful source of reference, providing in-depth explanations for all of the features found in contemporary construction contracts, with reasons. A unique feature of this book is the way that it brings together the relevant principles of law with the practical issues arising in construction cases. It is a key text for construction undergraduates and postgraduates as well as for those taking the RIBA Part III and CIOB Part II examinations.

High-latitude influence of the quasi-biennial oscillation

The interannual variability of the stratospheric winter polar vortex is correlated with the phase of the quasi-biennial oscillation (QBO) of tropical stratospheric winds. This dynamical coupling between high and low latitudes, often referred to as the Holton–Tan effect, has been the subject of numerous observational and modelling studies, yet important questions regarding its mechanism remain unanswered. In particular it remains unclear which vertical levels of the QBO exert the strongest influence on the winter polar vortex, and how QBO–vortex coupling interacts with the effects of other sources of atmospheric interannual variability such as the 11-year solar cycle or the El Nino Southern Oscillation. As stratosphere-resolving general circulation models begin to resolve the QBO and represent its teleconnections with other parts of the climate system, it seems timely to summarize what is currently known about the QBO’s high-latitude influence. In this review article, we offer a synthesis of the modelling and observational analyses of QBO–vortex coupling that have appeared in the literature, and update the observational record.

A numerical model of the ionospheric signatures of time-varying magnetic reconnection: III. Quasi-instantaneous convection responses in the Cowley-Lockwood paradigm

Using a numerical implementation of the Cowley and Lockwood (1992) model of flow excitation in the magnetosphere–ionosphere (MI) system, we show that both an expanding (on a _12-min timescale) and a quasiinstantaneous response in ionospheric convection to the onset of magnetopause reconnection can be accommodated by the Cowley–Lockwood conceptual framework. This model has a key feature of time dependence, necessarily considering the history of the coupled MI system. We show that a residual flow, driven by prior magnetopause reconnection, can produce a quasi-instantaneous global ionospheric convection response; perturbations from an equilibrium state may also be present from tail reconnection, which will superpose constructively to give a similar effect. On the other hand, when the MI system is relatively free of pre-existing flow, we can most clearly see the expanding nature of the response. As the open-closed field line boundary will frequently be in motion from such prior reconnection (both at the dayside magnetopause and in the cross-tail current sheet), it is expected that there will usually be some level of combined response to dayside reconnection.

On the quasi-periodic nature of magnetopause flux transfer events

The recurrence rate of flux transfer events (FTEs) observed near the dayside magnetopause is discussed. A survey of magnetopause observations by the ISEE satellites shows that the distribution of the intervals between FTE signatures has a mode value of 3 min, but is highly skewed, having upper and lower decile values of 1.5 min and 18.5 min, respectively. The mean value is found to be 8 min, consistent with previous surveys of magnetopause data. The recurrence of quasi-periodic events in the dayside auroral ionosphere is frequently used as evidence for an association with magnetopause FTEs, and the distribution of their repetition intervals should be matched to that presented here if such an association is to be confirmed. A survey of 1 year's 15-s data on the interplanetary magnetic field (IMF) suggests that the derived distribution could arise from fluctuations in the IMF Bz component, rather than from a natural oscillation frequency of the magnetosphere-ionosphere system.

Energy consistent discontinuous Galerkin methods for a quasi-incompressible diffuse two phase flow model

We design consistent discontinuous Galerkin finite element schemes for the approximation of a quasi-incompressible two phase flow model of Allen–Cahn/Cahn–Hilliard/Navier–Stokes–Korteweg type which allows for phase transitions. We show that the scheme is mass conservative and monotonically energy dissipative. In this case the dissipation is isolated to discrete equivalents of those effects already causing dissipation on the continuous level, that is, there is no artificial numerical dissipation added into the scheme. In this sense the methods are consistent with the energy dissipation of the continuous PDE system.

Psychological contracts and independent sales contractors: an examination of the predictors of contractor-level outcomes

Over the past decade, the independent sales contractor (ISC) has emerged as both an important distribution channel and a management challenge. This study makes two contributions to this evolving field. First, it explores the interrelations of the psychological contract with sales performance, voluntary turnover and organisational advocacy of ISCs, which have hitherto been largely unexplored. Second, it examines differences between high- and low-performing sales contractors on these linkages, due to findings in the literature that a small number of sales contractors often achieve a majority of sales. Based on survey data as well as 7 years of contractor-level data related to sales performance and voluntary turnover (n = 189), results indicate that psychological contract fulfilment and perceived dependency are important determinants of subsequent sales performance, voluntary turnover and organisational advocacy, with significant differences reported between high- and low-performing ISCs. A notable finding pertinent for sales managers responsible for managing ISCs is that high-performing sales contractors are motivated by psychological contract fulfilment and a low perception of dependency, while low-performing sales contractors are more likely to act as advocates for the firm due to perceived dependency, but may concurrently engage in organisational advocacy as a means to leave the firm.

Quasi-sure existence of Gaussian rough paths and large deviation principles for capacities

We construct a quasi-sure version (in the sense of Malliavin) of geometric rough paths associated with a Gaussian process with long-time memory. As an application we establish a large deviation principle (LDP) for capacities for such Gaussian rough paths. Together with Lyons' universal limit theorem, our results yield immediately the corresponding results for pathwise solutions to stochastic differential equations driven by such Gaussian process in the sense of rough paths. Moreover, our LDP result implies the result of Yoshida on the LDP for capacities over the abstract Wiener space associated with such Gaussian process.

Compensation and Rewards for Environmental Services (CRES) and efficient design of contracts in developing countries. Behavioral insights from a natural field experiment

The use of economic incentives for biodiversity (mostly Compensation and Reward for Environmental Services including Payment for ES) has been widely supported in the past decades and became the main innovative policy tools for biodiversity conservation worldwide. These policy tools are often based on the insight that rational actors perfectly weigh the costs and benefits of adopting certain behaviors and well-crafted economic incentives and disincentives will lead to socially desirable development scenarios. This rationalist mode of thought has provided interesting insights and results, but it also misestimates the context by which ‘real individuals’ come to decisions, and the multitude of factors influencing development sequences. In this study, our goal is to examine how these policies can take advantage of some unintended behavioral reactions that might in return impact, either positively or negatively, general policy performances. We test the effect of income's origin (‘Low effort’ based money vs. ‘High effort’ based money) on spending decisions (Necessity vs. Superior goods) and subsequent pro social preferences (Future pro-environmental behavior) within Madagascar rural areas, using a natural field experiment. Our results show that money obtained under low effort leads to different consumption patterns than money obtained under high efforts: superior goods are more salient in the case of low effort money. In parallel, money obtained under low effort leads to subsequent higher pro social behavior. Compensation and rewards policies for ecosystem services may mobilize knowledge on behavioral biases to improve their design and foster positive spillovers on their development goals.

Generalized convective quasi-equilibrium principle

A generalization of Arakawa and Schubert's convective quasi-equilibrium principle is presented for a closure formulation of mass-flux convection parameterization. The original principle is based on the budget of the cloud work function. This principle is generalized by considering the budget for a vertical integral of an arbitrary convection-related quantity. The closure formulation includes Arakawa and Schubert's quasi-equilibrium, as well as both CAPE and moisture closures as special cases. The formulation also includes new possibilities for considering vertical integrals that are dependent on convective-scale variables, such as the moisture within convection. The generalized convective quasi-equilibrium is defined by a balance between large-scale forcing and convective response for a given vertically-integrated quantity. The latter takes the form of a convolution of a kernel matrix and a mass-flux spectrum, as in the original convective quasi-equilibrium. The kernel reduces to a scalar when either a bulk formulation is adopted, or only large-scale variables are considered within the vertical integral. Various physical implications of the generalized closure are discussed. These include the possibility that precipitation might be considered as a potentially-significant contribution to the large-scale forcing. Two dicta are proposed as guiding physical principles for the specifying a suitable vertically-integrated quantity.

Endogenous managerial compensation contracts in experimental quantity-setting duopolies

Given the ongoing debate on managerial compensation schemes, our paper offers empirical insights on the strategic choice of firms' owners over the terms of a managerial compensation contract, as a commitment device aiming at gaining competitive advantage in the product market. In a quantity setting duopoly we experimentally test whether firms' owners compensate their managers through contracts combining own profits either with revenues or with relative performance, and the resulting managerial behaviour in the product market. Prominent among our results is that firms' owners choose relative performance over profit revenue contracts more frequently. Further, firms' owners successfully induce a more aggressive behaviour by their managers in the market, by setting incentives which deviate from strict profit maximization.

The combined influences of westerly phase of the quasi biennial oscillation and 11-year solar maximum conditions on the Northern Hemisphere extratropical winter circulation

The combined influences of the westerly phase of the quasi-biennial oscillation (QBO-W) and solar maximum (Smax) conditions on the Northern Hemisphere extratropical winter circulation are investigated using reanalysis data and Center for Climate System Research/National Institute for Environmental Studies chemistry climate model (CCM) simulations. The composite analysis for the reanalysis data indicates strengthened polar vortex in December followed by weakened polar vortex in February–March for QBO-W during Smax (QBO-W/Smax) conditions. This relationship need not be specific to QBO-W/Smax conditions but may just require strengthened vortex in December, which is more likely under QBO-W/Smax. Both the reanalysis data and CCM simulations suggest that dynamical processes of planetary wave propagation and meridional circulation related to QBO-W around polar vortex in December are similar in character to those related to Smax; furthermore, both processes may work in concert to maintain stronger vortex during QBO-W/Smax. In the reanalysis data, the strengthened polar vortex in December is associated with the development of north–south dipole tropospheric anomaly in the Atlantic sector similar to the North Atlantic oscillation (NAO) during December–January. The structure of the north–south dipole anomaly has zonal wavenumber 1 (WN1) component, where the longitude of anomalous ridge overlaps with that of climatological ridge in the North Atlantic in January. This implies amplification of the WN1 wave and results in the enhancement of the upward WN1 propagation from troposphere into stratosphere in January, leading to the weakened polar vortex in February–March. Although WN2 waves do not play a direct role in forcing the stratospheric vortex evolution, their tropospheric response to QBO-W/Smax conditions appears to be related to the maintenance of the NAO-like anomaly in the high-latitude troposphere in January. These results may provide a possible explanation for the mechanisms underlying the seasonal evolution of wintertime polar vortex anomalies during QBO-W/Smax conditions and the role of troposphere in this evolution.

Risk taking of executives under different incentive contracts: experimental evidence

Classic financial agency theory recommends compensation through stock options rather than shares to counteract excessive risk aversion in agents. In a setting where any kind of risk taking is suboptimal for shareholders, we show that excessive risk taking may occur for one of two reasons: risk preferences or incentives. Even when compensated through restricted company stock, experimental CEOs take large amounts of excessive risk. This contradicts classical financial theory, but can be explained through risk preferences that are not uniform over the probability and outcome spaces, and in particular, risk seeking for small probability gains and large probability losses. Compensation through options further increases risk taking as expected. We show that this effect is driven mainly by the personal asset position of the experimental CEO, thus having deleterious effects on company performance.

Construction contracts: law and management. 5th edition

The fifth edition of this best-selling textbook has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. It now includes comparison of working with JCT, NEC3 and FIDIC contracts, throughout. In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and is an extremely useful source of reference for practitioners.

EXACT AND QUASI-EXACT MODELS OF STRANGE STARS

We construct and compare in this work a variety of simple models for strange stars, namely, hypothetical self-bound objects made of a cold stable version of the quark-gluon plasma. Exact, quasi-exact and numerical models are examined to find the most economical description for these objects. A simple and successful parametrization of them is given in terms of the central density, and the differences among the models are explicitly shown and discussed. In particular, we present a model starting with a Gaussian ansatz for the density profile that provides a very accurate and almost complete analytical integration of the problem, modulo a small difference for one of the metric potentials.