Ownership rights in performance-based contracting: A case study of English law

Clients and contractors need to be aware of the project’s legal environment because the viability of a procurement strategy can be vitiated by legal rules. This is particularly true regarding Performance-Based Contracting (PBC) whose viability may be threatened by rules of property law: while the PBC concept does not require that the contractor transfers the ownership in the building materials used to the client, the rules of property law often lead to an automatic transfer of ownership. But does the legal environment really render PBC unfeasible? In particular, is PBC unfeasible because contractors lose their materials as assets? These questions need to be answered with respect to the applicable property law. As a case study, English property law has been chosen. Under English law, the rule which governs the automatic transfer of ownership is called quicquid plantatur solo, solo credit (whatever is fixed to the soil belongs to the soil). An analysis of this rule reveals that not all materials which are affixed to land become part of the land. This fate only occurs in relation to materials which have been affixed with the intention of permanently improving the land. Five fictitious PBC cases have been considered in terms of the legal status of the materials involved, and several subsequent legal questions have been addressed. The results suggest that English law does actually threaten the feasibility of PBC in some cases. However, it is also shown that the law provides means to circumvent the unwanted results which flow from the rules of property law. In particular, contractors who are interested in keeping their materials as assets can insist on agreeing a property right in the client’s land, i.e. a contractor’s lien. Therefore, the outcome is that English property law does not render the implementation of the PBC concept unfeasible. At a broader level, the results contribute to the theoretical framework of PBC as an increasingly used procurement strategy.

Visuospatial cognition in Williams syndrome: reviewing and accounting for the strengths and weaknesses in performance

Individuals with Williams syndrome typically show relatively poor visuospatial abilities in comparison to stronger verbal skills. However, individuals' level of performance is not consistent across all visuospatial tasks. The studies assessing visuospatial functioning in Williams syndrome are critically reviewed, to provide a clear pattern of the relative difficulty of these tasks. This prompts a possible explanation of the variability in performance seen, which focuses on the processing demands of some of these tasks. Individuals with Williams syndrome show an atypical processing style on tests of construction, which does not affect tests of perception.

Representing violence, playing control: warring constructions of masculinity in Action Man toys

This chapter analyses how children, and especially boys, are constructed as ‘savage’ in relation to warlike toys and representations that narrate particular versions of conflict, such as war and terrorism. The chapter uses Action Man toys as a case study that is contextualized against a wider background of other toys, television programmes and films. Action Man is most familiar as a twelve-inch costumed toy figure, but the brand also extends into related media representations such as television programmes, comics and advertising. The chapter focuses increasingly on the specifics of Action Man representations produced from the 1960s to the 1990s, prefacing this detailed discussion with some examples of transmedia texts aimed at children in film and television. This chapter suggests that making the toy a central object of analysis allows for insights into representations of the gendered body that are particularly useful for work on the child-savage analogy. Some of the cultural meanings of war toys, warlike play and representations of war that can be analysed from this perspective include their role in the construction of masculine identity, their representation of particular wars and warlikeness in general, and their relationship to consumer society. This complex of meanings exhibits many of the contradictions that inhabit the construction of ‘the child’ in general, such as that the often extreme masculinity of war toys and games is countered by an aesthetic of spatial disposition, collecting and sometimes nurturing that is more conventionally feminine. Such inter-dependent but apparently opposed meanings can also be seen in the construction of the child as untainted by adult corruption yet also savage, or as in need of adult guidance yet also offering a model of innocence and purity that adults are expected to admire.

Choreographic exploration of physical duress: motivation for and responses to exhaustion (a project in performance)

What motivates someone to dance until they are exhausted, sweaty, boiling hot and out of breath? I myself, recalling experiences when I have danced so hard I've nearly fainted, remember how exhilarating that motivation can be. But why? Why is that at all pleasant? Of course, I had several of my own explanations, but I was also interested in doing some scientific research on exhaustion. This question was of ample depth to become the basis of my project.

Physical education, sport and hyper-masculinity in schools

Among widening social anxieties about practices and performances of contemporary masculinity are questions about the place of hyper-masculine (contact) sports, such as games of football. Foremost are concerns about some of the values and attitudes that appear to circulate within such contexts. With their historical leaning towards character attributes aligned to hardness, solidarity and stoicism, there is growing pressure on coaches and teachers to manage and mediate the participation of young males in this arena. Against this backdrop, this paper explores some of the tensions that emerge in schools when the codes and mores frequently associated with a hyper-masculine sporting identity are seen to flourish. Foremost here is the emergence of cultures of entitlement, abuse and exclusion. Following the illumination of such cultures across three research narratives, this paper discusses the sorts of reforms that are needed to promote more educative and responsible engagement with hyper-masculine sports in, and beyond, schools.

Bare life in second life : Giorgio Agamben's politics in performance

This paper describes and analyzes the necessary misreadings of Giorgio Agamben’s account of ‘bare life’ in a recent performance in Melbourne, Australia. The ‘Bare Life’ project deals with Australia’s treatment of asylum seekers with reference to Agamben’s work on sovereign power and uses the on-line second life world as both a metaphor for the refugee’s desire for a new life, and a literal site of performance. The development showing explored the interactions between live performance and second life avatars in real time. This paper deals with the philosophical, ethical and practical problems that emerged during the development, and argues that the ‘misreading’ is an inevitable, but useful part of finding ways to embody philosophical and political ideas in performance.

The spectre of grief...visualising ontological terror in performance

This thesis argues that ontological terror is a burgeoning condition ingrained within our collective human psyche which can only be artistically represented through carefully chosen veils, two of which can be made explicit through an analysis of the aesthetic conventions of the liminal uncanny and the traumatic sublime. Artistic depiction of terror is realisable only through the reflections that are cast from it, the sum of which, make up these veils. The experience of terror is intimately aligned with the threat inherent within an experience of trauma or grief and the visual performance outcome of the Masters research Aviary, produced at the Living Museum of the West in 2006 is best understood as a representation of the mournful and desolate reflections that shimmered off a central moment of unspeakable terror.

Unspeakable terrain : visualising ontological terror in performance

This paper presented at the 2010 ADSA Conference held at the Australian National University draws upon my practice based research submitted for a Master of Animateuring (Cross Modal Performance) at the faculty of the Victorian College of the Arts- Melbourne University. Aviary which premiered at the Living Museum of the West in 2006 (a visual space-specific performance during which only one word was uttered) was used as an exemplar of my practice revealing how ontological terror can only be artistically represented through carefully chosen veils, two of which can be made explicit through an analysis of the aesthetic conventions of the liminal uncanny and the traumatic sublime.

On self-propagating methodological flaws in performance normalization for strength and power sports

Performance in strength and power sports is greatly affected by a variety of anthropometric factors. The goal of performance normalization is to factor out the effects of confounding factors and compute a canonical (normalized) performance measure from the observed absolute performance. Performance normalization is applied in the ranking of elite athletes, as well as in the early stages of youth talent selection. Consequently, it is crucial that the process is principled and fair. The corpus of previous work on this topic, which is significant, is uniform in the methodology adopted. Performance normalization is universally reduced to a regression task: the collected performance data are used to fit a regression function that is then used to scale future performances. The present article demonstrates that this approach is fundamentally flawed. It inherently creates a bias that unfairly penalizes athletes with certain allometric characteristics, and, by virtue of its adoption in the ranking and selection of elite athletes, propagates and strengthens this bias over time. The main flaws are shown to originate in the criteria for selecting the data used for regression, as well as in the manner in which the regression model is applied in normalization. This analysis brings into light the aforesaid methodological flaws and motivates further work on the development of principled methods, the foundations of which are also laid out in this work.