Construction contracts: law and management (3rd edition)

This book is aimed primarily at students for whom the study of building or civil engineering contracts forms part of a construction-based course. We have had in mind the syllabus requirements for first degrees in Building, Civil Engineering, Architecture, Quantity Surveying and Building Surveying, as well as those of postgraduate courses in Construction Management and Project Management. We have also assumed that such students will already have been introduced to the general principles of English law, especially those relating to contract and tort. As a result, while aspects of those subjects that are of particular relevance to construction are dealt with here, the reader must look elsewhere for the general legal background. In producing this third edition, we have again been greatly assisted by the many helpful comments made by reviewers and users of its predecessor. Nonetheless, our basic aim is identical to that which underpinned the first edition: to provide an explanation of the fundamental principles of construction contract law, rather than a clause-by-clause analysis of any particular standard-form contract. As a result, while we draw most frequently upon JCT 98 for our illustrations of particular points, this merely reflects the pre-eminent position occupied by that particular form of contract in the UK construction industry. We conclude by repeating our previous warning as to the dangers inherent in a little learning. Neither this book, nor the courses for which it is intended, seek to produce construction lawyers. The objective is rather to enable those who are not lawyers to resolve simple construction disputes before they become litigious, and to recognize when matters require professional legal advice. It should be the aim of every construction student to understand the legal framework sufficiently that they can instruct and brief specialist lawyers, and this book is designed to help them towards that understanding.

Environmental assessment and the built environment : a highway engineer's perspective

This paper is an engineer's appreciation of environmental assessment with particular reference to highway development. While scheme-related Environmental Assessment for individual development may identify particular potential impacts, and may avoid or minimise some of the problems, in many cases it may be too late to take such actions. Ideally, Environmental Assessment should commence at the Strategic Level to cover policies, plan and programmes, and the scheme-related Environmental Assessments for individual projects should supplement those in the framework of Strategic Level. The utimate target is to assess the policy for their contribution to effecting sustainable development. Whole Life Environmental Impacts should be considered. These are the full impact consideration from planning, design and choice of materials, construction, operation and finally decommission. Most of the Environmental Assessments have not included the Whole Life Environmental Impacts. There is only limited monitoring in the operation stage after the construction of the scheme is complete, therefore, subsequent Environmental Assessments cannot benefit from the feedback of the scheme. No development should cost the Earth, hence Environmental Assessments have to be carried out thoroughly to serve as one of the instruments to meet the need of sustainable development.

Managing multiple markets: big firms and PFI contracts

The Private Finance Initiative (PFI) is frequently portrayed as a vehicle for change for the UK construction sector. Significant change in the working practices of construction companies is predicted as new business models based on whole-life value creation emerge. This paper shifts the focus of discussion from projected ideals and possible developments to the current situation. More specifically, it focuses on the challenges that large firms participating in both PFI and traditional markets face. The analysis focuses on the relations between business units and on day-to-day challenges to greater long-term commitment, through life-service provision and increased integration between construction and service provision. The paper offers insights into the effects of PFI on construction practice and their implications for theorizing on organizational and strategic change. It suggests abandoning a simplistic model of the centralized, homogenous firm and instead capturing the dynamics of decentralized, large firms working in multiple markets on a variety of projects. This would assist in the provision of more realistic and fruitful models of how to realize the PFI vision.

Contracts and incentives in the construction sector

The aim of this chapter is to examine what the construction sector brings to our understanding of the procurement of complex performance. The chapter is divided into the following parts: fi rst, an overview of the various matters that contribute to the complexity of construction procurement is provided. Second, the most important contractual incentive schemes found in construction contracts are discussed, and this is followed by, third, an examination of the changes associated with the shift towards procuring complex performance (PCP) (service provision). Fourth, the main findings of the authors’ recent research on PCP contracts are summarised, followed by the conclusion. It should be noted that the procurement of services is referred to as ‘PCP’ in this chapter.

Variable selection algorithm for the construction of MIMO operating point dependent neurofuzzy networks

An input variable selection procedure is introduced for the identification and construction of multi-input multi-output (MIMO) neurofuzzy operating point dependent models. The algorithm is an extension of a forward modified Gram-Schmidt orthogonal least squares procedure for a linear model structure which is modified to accommodate nonlinear system modeling by incorporating piecewise locally linear model fitting. The proposed input nodes selection procedure effectively tackles the problem of the curse of dimensionality associated with lattice-based modeling algorithms such as radial basis function neurofuzzy networks, enabling the resulting neurofuzzy operating point dependent model to be widely applied in control and estimation. Some numerical examples are given to demonstrate the effectiveness of the proposed construction algorithm.