Construction contract policy: do we mean what we say?

Recent developments in contracting practice in the UK have built upon recommendations contained in highprofile reports, such as those by Latham and Egan. However, the New Engineering Contract (NEC), endorsed by Latham, is based upon principles of contract drafting that seem open to question. Any contract operates in the context of its legislative environment and current working practices. This report identifies eight contentious hypotheses in the literature on construction contracts and tests their validity in a sample survey that attracted 190 responses. The survey shows, among other things, that while partnership is a positive and useful idea, authoritative contract management is considered more effective and that “win-win” contracts, while desirable, are basically impractical. Further, precision and fairness in contracts are not easy to achieve simultaneously. While participants should know what is in their contracts, they should not routinely resort to legal action; and standard-form contracts should not seek to be universally applicable. Fundamental changes to drafting policy should be undertaken within the context of current legal contract doctrine and with a sensitivity to the way that contracts are used in contemporary practice. Attitudes to construction contracting may seem to be changing on the surface, but detailed analysis of what lies behind apparent agreement on new ways of working reveals that attitudes are changing much more slowly than they appear to be.

A Logic Framework of Normative-based Contract Management

We explore of the feasibility of the computationally oriented institutional agency framework proposed by Governatori and Rotolo testing it against an industrial strength scenario. In particular we show how to encode in defeasible logic the dispute resolution policy described in Article 67 of FIDIC.

It's all in the contract: Rethinking feminist critiques of contract

This article examines contemporary feminist arguments about contract. It does not aim to advance new arguments for or against contract but to call into question the dominant feminist position which is that contract has to be cast aside and/or that alternative approaches to contract have to be developed in order to advance the position of women. In a reworking of Elizabeth Kingdom's anti-essentialist approach to rights, Sullivan argues that a feminist but non-essentialist approach to contract is both possible and desirable. Sullivan explores a number of concrete situations in the Australian context where contract approaches have been deployed in law and public policy and demonstrates that contract may be detrimental or advantageous to the position of women. Sullivan argues, therefore, for a strategic and critical feminist approach to the utilisation of the language and practice of contract.

An integrated system to support electricity tariff contract definition

This paper presents an integrated system that helps both retail companies and electricity consumers on the definition of the best retail contracts and tariffs. This integrated system is composed by a Decision Support System (DSS) based on a Consumer Characterization Framework (CCF). The CCF is based on data mining techniques, applied to obtain useful knowledge about electricity consumers from large amounts of consumption data. This knowledge is acquired following an innovative and systematic approach able to identify different consumers’ classes, represented by a load profile, and its characterization using decision trees. The framework generates inputs to use in the knowledge base and in the database of the DSS. The rule sets derived from the decision trees are integrated in the knowledge base of the DSS. The load profiles together with the information about contracts and electricity prices form the database of the DSS. This DSS is able to perform the classification of different consumers, present its load profile and test different electricity tariffs and contracts. The final outputs of the DSS are a comparative economic analysis between different contracts and advice about the most economic contract to each consumer class. The presentation of the DSS is completed with an application example using a real data base of consumers from the Portuguese distribution company.

No right to perform a contract?

Thesis submitted in Trinity Term 2001 for the degree of Master of Philosophy, Worcester College, Oxford

Contract law

Livro editado para celebrar dos 10 anos da Faculdade de Direito da UNL

Contract-program evaluation: Impact of the DRG classification system on hospitals' outputs

A Work Project, presented as part of the requirements for the Award of a Masters Degree in Management from the NOVA – School of Business and Economics

Psychological contract in non-governmental organizations

A Work Project, presented as part of the requirements for the Award of a Masters Degree in Management from the NOVA – School of Business and Economics

Descriptio et adumbratio microscopico-analytica muscorum frondosorum :nec non aliorum vegetantium...auctore Ioanne Hedwig, M. D.

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