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.

Quantitative pulsed phase thermography applied to steel plates

Pulsed Phase Thermography (PPT) has been proven effective on depth retrieval of flat-bottomed holes in different materials such as plastics and aluminum. In PPT, amplitude and phase delay signatures are available following data acquisition (carried out in a similar way as in classical Pulsed Thermography), by applying a transformation algorithm such as the Fourier Transform (FT) on thermal profiles. The authors have recently presented an extended review on PPT theory, including a new inversion technique for depth retrieval by correlating the depth with the blind frequency fb (frequency at which a defect produce enough phase contrast to be detected). An automatic defect depth retrieval algorithm had also been proposed, evidencing PPT capabilities as a practical inversion technique. In addition, the use of normalized parameters to account for defect size variation as well as depth retrieval from complex shape composites (GFRP and CFRP) are currently under investigation. In this paper, steel plates containing flat-bottomed holes at different depths (from 1 to 4.5 mm) are tested by quantitative PPT. Least squares regression results show excellent agreement between depth and the inverse square root blind frequency, which can be used for depth inversion. Experimental results on steel plates with simulated corrosion are presented as well. It is worth noting that results are improved by performing PPT on reconstructed (synthetic) rather than on raw thermal data.

Application of integrated GPS and GIS technology for reducing construction waste and improving construction efficiency

This paper presents a study on applying an integrated Global Position System (GPS) and Geographacial Information System (GIS) technology to the reduction of construction waste. During the study, a prototype study is developed from automatic data capture system such as the barcoding system for construction material and equipment (M&E) management onsite, whilst the integrated GPS and GIS technology is combined to the M&E system based on the Wide Area Network (WAN). Then, a case study is conducted to demonstrate the deployment of the system. Experimental results indicate that the proposed system can minimize the amount of onsite material wastage.

Pervasive technologies for workplace management

Purpose – Facilities managers have less visibility of how buildings are being used due to flexible working and unpredictable workers. The purpose of this paper is to examine the current issues in workspace management and an automatic solution through radio frequency identification (RFID) that could provide real time information on the volume and capacity of buildings. Design/methodology/approach – The study described in this paper is based on a case study at a facilities management (FM) department. The department is examining a ubiquitous technology in the form of innovative RFID for security and workspace management. Interviews and observations are conducted within the facilities department for the initial phase of the implementation of RFID technology. Findings – Research suggests that work methods are evolving and becoming more flexible. With this in mind, facilities managers face new challenges to create a suitable environment for an unpredictable workforce. RFID is one solution that could provide facilities managers with an automatic way of examining space in real time and over a wider area than currently possible. RFID alone for space management is financially expensive but by making the application multiple for other areas makes more business sense. Practical implications – This paper will provide practicing FM and academics with the knowledge gained from the application of RFID in this organisation. While the concept of flexible working seems attractive, there is an emerging need to provide various forms of spaces that enable employees' satisfaction and enhance the productivity of the organisation. Originality/value – The paper introduces new thinking on the subject of “workspace management”. It highlights the current difficulties in workspace management and how an RFID solution will benefit workspace methods.

Introducing assistive technology into the existing homes of older people: Feasibility, acceptability, costs and outcomes

We examined how far, and at what cost, the housing stock could be modified to accommodate the assistive technology (AT) necessary to enable older people to remain in their own homes. A multidisciplinary team devised seven hypothetical user profiles for 10 case study areas, with five local authorities and five housing associations in England and Wales. Each profile was considered at two times, five years apart, with the users' functional abilities deteriorating in between. In addition, in-depth interviews were carried out with a sample of 67 older people in the case study areas about their use and experience of a wide range of AT. The interviews showed the need to listen to older people and that they welcomed AT when it addressed a perceived need. The results showed that the extent of adaptation required of buildings to accommodate a user's needs varied greatly. It was also found that there was confusion about the terminology of AT, including the idea of the 'smart house'. The study shows that the adaptability of the housing depends on a range of factors and costs.

Understanding the indoor environment through mining sensory data - A case study

A wireless sensor network (WSN) is a group of sensors linked by wireless medium to perform distributed sensing tasks. WSNs have attracted a wide interest from academia and industry alike due to their diversity of applications, including home automation, smart environment, and emergency services, in various buildings. The primary goal of a WSN is to collect data sensed by sensors. These data are characteristic of being heavily noisy, exhibiting temporal and spatial correlation. In order to extract useful information from such data, as this paper will demonstrate, people need to utilise various techniques to analyse the data. Data mining is a process in which a wide spectrum of data analysis methods is used. It is applied in the paper to analyse data collected from WSNs monitoring an indoor environment in a building. A case study is given to demonstrate how data mining can be used to optimise the use of the office space in a building.

The relationship between phonological awareness and word reading accuracy in Oriya and English: A Study of Oriya-speaking fifth-graders

This study investigated the relationships between phonological awareness and reading in Oriya and English. Oriya is the official language of Orissa, an eastern state of India. The writing system is an alphasyllabary. Ninety-nine fifth grade children (mean age 9 years 7 months) were assessed on measures of phonological awareness, word reading and pseudo-word reading in both languages. Forty-eight of the children attended Oriya-medium schools where they received literacy instruction in Oriya from grade 1 and learned English from grade 2. Fifty-one children attended English-medium schools where they received literacy instruction in English from grade 1 and in Oriya from grade 2. The results showed that phonological awareness in Oriya contributed significantly to reading Oriya and English words and pseudo-words for the children in the Oriya-medium schools. However, it only contributed to Oriya pseudo-word reading and English word reading for children in the English-medium schools. Phonological awareness in English contributed to English word and pseudo-word reading for both groups. Further analyses investigated the contribution of awareness of large phonological units (syllable, onsets and rimes) and small phonological units (phonemes) to reading in each language. The data suggest that cross-language transfer and facilitation of phonological awareness to word reading is not symmetrical across languages and may depend both on the characteristics of the different orthographies of the languages being learned and whether the first literacy language is also the first spoken language.

An experimental comparison between rival theories of rapid automatized naming performance and its relationship to reading

Two studies investigated the degree to which the relationship between rapid automatized naming (RAN) performance and reading development is driven by shared phonological processes. Study 1 assessed RAN, phonological awareness, and reading performance in 1010 7- to -10 year-olds. Results showed that RAN deficits occurred in the absence of phonological awareness deficits. These were accompanied by modest reading delays. In structural equation modeling, solutions where RAN was subsumed within a phonological processing factor did not provide a good fit to the data, suggesting that processes outside phonology may drive RAN performance and its association with reading. Study 2 investigated Kail’s proposal that speed of processing underlies this relationship. Children with single RAN deficits showed slower speed of processing than did closely matched controls performing normally on RAN. However, regression analysis revealed that RAN made a unique contribution to reading even after accounting for processing speed. Theoretical implications are discussed.

Literacy as a complex activity: deconstructing the simple view of reading

The Rose Review into the teaching of early reading recommended that the conceptual framework incorporated into the National Literacy Strategy Framework for Teaching – the Searchlights model of reading and its development – should be replaced by the Simple View of Reading. In this paper, we demonstrate how these two frameworks relate to each other, and show that nothing has been lost in this transformation from Searchlights to Simple View: on the contrary, much has been gained. That nothing has been lost is demonstrated by consideration of the underlying complexity inherent in each of the two dimensions delineated in the Simple View. That much has been gained is demonstrated by the increased understanding of each dimension that follows from careful scientific investigation of each. The better we understand what is involved in each dimension, the better placed we are to unravel and understand the essential, complex and continual interactions between each dimension which underlie skilled reading. This has clear implications for further improving the early teaching of reading.

Assessing reading at Key Stage 2: SATs as measures of children's inferential abilities

This article describes two studies. The first study was designed to investigate the ways in which the statutory assessments of reading for 11-year-old children in England assess inferential abilities. The second study was designed to investigate the levels of performance achieved in these tests in 2001 and 2002 by 11-year-old children attending state-funded local authority schools in one London borough. In the first study, content and questions used in the reading papers for the Standard Assessment Tasks (SATs) in the years 2001 and 2002 were analysed to see what types of inference were being assessed. This analysis suggested that the complexity involved in inference making and the variety of inference types that are made during the reading process are not adequately sampled in the SATs. Similar inadequacies are evident in the ways in which the programmes of study for literacy recommended by central government deal with inference. In the second study, scripts of completed SATs reading papers for 2001 and 2002 were analysed to investigate the levels of inferential ability evident in scripts of children achieving different SATs levels. The analysis in this article suggests that children who only just achieve the 'target' Level 4 do so with minimal use of inference skills. They are particularly weak in making inferences that require the application of background knowledge. Thus, many children who achieve the reading level (Level 4) expected of 11-year-olds are entering secondary education with insecure inference-making skills that have not been recognised.