Search results

1 – 10 of 18
Per page
102050
Citations:
Loading...
Access Restricted. View access options
Article
Publication date: 11 July 2016

Ian Trushell, Bryan Clark and Andrew Agapiou

This paper aims to address the knowledge gap, by exploring the attitudes and experiences of mediators relative to the process, based on research with practitioners in Scotland…

690

Abstract

Purpose

This paper aims to address the knowledge gap, by exploring the attitudes and experiences of mediators relative to the process, based on research with practitioners in Scotland. Recent research on construction mediation in Scotland has focused exclusively on construction lawyers’ and contractors’ interaction with the process, without reference to the views of mediators themselves.

Design/methodology/approach

The entire research design of this research was constrained by the small population of practising Scottish construction mediators (thought to be circa. 20 in 2013). The design encompassed a literature search, participant interviews, questionnaire survey and qualitative and quantitative data. The research questionnaire was designed to capture data related to the biography, training and experience of those interviewed before their opinion on the benefits of, and problems with, mediation were sought.

Findings

The results indicate that mediations failed because of ignorance, intransigence and over-confidence of the parties. Barriers to greater use of mediation in construction disputes were identified as the lack of skilled, experienced mediators, the continued popularity of adjudication and both lawyer and party resistance. Notwithstanding the English experience, Scottish mediators gave little support for mandating disputants to mediate before proceeding with court action. A surprising number were willing to give an evaluation of the dispute rather than merely facilitating a settlement.

Originality/value

There are few experienced construction mediators in Scotland, and the continued popularity of statutory adjudication is a significant barrier. Mediators believe that clients’ negative perceptions of mediation are a bigger barrier than lawyers’ perceptions. The mediators wanted judicial encouragement for mediation backed by some legislative support, mediation clauses incorporated into construction contracts and government adoption of mediation as the default process in its own contracts.

Details

International Journal of Law in the Built Environment, vol. 8 no. 2
Type: Research Article
ISSN: 1756-1450

Keywords

Available. Content available
Article
Publication date: 11 July 2016

Andrew Agapiou

361

Abstract

Details

International Journal of Law in the Built Environment, vol. 8 no. 2
Type: Research Article
ISSN: 1756-1450

Access Restricted. View access options
Article
Publication date: 12 October 2015

Andrew Agapiou

Following an analysis of English construction lawyers’ perceptions, attitudes and practices relative to mediation, this paper aims to offer an insight into the initial stages of…

613

Abstract

Purpose

Following an analysis of English construction lawyers’ perceptions, attitudes and practices relative to mediation, this paper aims to offer an insight into the initial stages of the legal decision-making process, involving an examination of the degree of control construction lawyers’ exercise over the decision-making process itself, as well as an analysis of the factors that determine the decision to use mediation. The empirical work thus far focuses on the different potential barriers to mediation that typically characterize the relationship clients’ and legal advisors, addressing to divergent monetary interests, non-monetary and psychological interests and barriers in the principal–agent relationship.

Design/methodology/approach

Based on a quantitative survey of legal advisors in England and Wales (n = 212), the purpose of this paper is to explore mediation, specifically the factors that support its use, barriers that hinder use and the perceptions of the efficacy and level of effectiveness of the process.

Findings

The findings indicate that more experienced construction lawyers reported using mediation to a far greater extent than less experienced lawyers, consistent with the proposition that more experienced lawyers develop a cooperative reputation as a function of their professional encounters. The results reveal that the absence of good mediators, influence of the courts, inability to create enforceable precedents, negative experiences and preferences for other forms of dispute resolution do not seem to be significant factors militating against the referral of cases to mediation. It would also seem that self-reported financial interests do not deter construction lawyers from referring cases to mediation. Nevertheless, there may be a need to develop more standardised approaches to setting mediation fee scales to minimise lawyers’ diminished fee income as a consequence of their increased involvement as advocates or counsel in mediated cases.

Originality/value

The recent Jackson Cost Review has provided greater impetus for the use of mediation. A failure to respond to a request to engage in mediation may also be deemed unreasonable by the courts, as, for example, in the case of PGF II SA v. OMFS Company 1 Limited. Nevertheless, while the Civil Procedure Rules are being used by the courts in England and Wales increasingly to “encourage” parties to look to alternative methods to settle differences, little can be gleaned from the literature on the central role of construction lawyers in mediation, and more specifically the extent to which they refrain from referring cases to mediation in a manner inconsistent with their clients’ interests. Much of the construction-based research so far has focused on how mediation is bearing up in practice, its use, appealability and possible improvements.

Details

International Journal of Law in the Built Environment, vol. 7 no. 3
Type: Research Article
ISSN: 1756-1450

Keywords

Access Restricted. View access options
Article
Publication date: 1 June 2002

Mohamed A. El‐Haram and Andrew Agapiou

The private finance initiative (PFI) is a means of using private finance and skills to deliver capital investment projects traditionally provided by the public sector…

5789

Abstract

The private finance initiative (PFI) is a means of using private finance and skills to deliver capital investment projects traditionally provided by the public sector. Traditionally, public sector bodies have been responsible for the procurement, operation and regulation of capital assets. In PFI, the private sector has the primary role in the operation of constructed facilities, whereas the public sector has a larger role in regulation. There are two parties to a PFI contract: the public sector body or authority, and the private consortium responsible for the delivery of the facility or project. Part of the contract specifies that the private consortium takes on a considerable degree of risk associated with that facility. This paper reassesses the role of the facilities manager as the party responsible for the co‐ordination of planning, design and management of facilities within the PFI regime. The development of strategic long‐term partnerships between client organisations and FM service providers requires the fundamental reassessment of appropriate risk management strategies informed by an integrated information management system that ensures the timely capture and exchange of life cycle data throughout the key stages of the PFI contract.

Details

Journal of Quality in Maintenance Engineering, vol. 8 no. 2
Type: Research Article
ISSN: 1355-2511

Keywords

Access Restricted. View access options
Article
Publication date: 1 March 2006

James M.W. Wong, Albert P.C. Chan and Y.H. Chiangn

Manpower is the most valuable asset in the construction industry. Based on an examination of literature, selected key data sources, and views from 29 key informants, this paper…

1246

Abstract

Manpower is the most valuable asset in the construction industry. Based on an examination of literature, selected key data sources, and views from 29 key informants, this paper addresses the important labour resource context related to the construction industry in the case of Hong Kong. These include the trends of the critical indicators of the labour market in construction and the implications of the changing markets and technology on the future pattern of skill requirements, and the government policies on construction personnel. The findings are of immense importance to anyone involved in the construction industry, particularly training organizations and policy makers in their mission to maintain a skilled, competitive and adequate workforce able to meet the future demands of the industry. The changing labour market trends and skill requirements pose challenges for construction personnel in terms of upgrading their skills. Further research is recommended to construct robust models predicting the occupational trends in labour resources for effective manpower planning and to establish a labour market information system which could lead to capturing periodic labour market signals with a view to assisting the process of policy making on various human resource development aspects of construction workforce in Hong Kong.

Details

Journal of Engineering, Design and Technology, vol. 4 no. 1
Type: Research Article
ISSN: 1726-0531

Keywords

Access Restricted. View access options
Article
Publication date: 12 July 2011

Andrew Agapiou and Bryan Clark

The purpose of this research is to paint a picture of the current utility of mediation in the Scottish construction sector; determine the willingness of Scottish construction…

755

Abstract

Purpose

The purpose of this research is to paint a picture of the current utility of mediation in the Scottish construction sector; determine the willingness of Scottish construction lawyers to shift away from traditional dispute resolution approaches towards mediation; and ascertain the drivers towards the adoption of mediatory techniques and the barriers to change.

Design/methodology/approach

Drawn from a questionnaire survey, this paper seeks to add to the dispute resolution literature by identifying the attitudes of construction lawyers on the use and effectiveness of mediation to resolve construction disputes in Scotland.

Findings

The findings suggest that there is a core of Scottish construction lawyers in Scotland that recognize the promise of mediation as a useful dispute resolution tool. Respondents generally profess knowledge of the process and some measure of positive practical experience and espouse positive views on mediation. Their response to mediation then does not appear to be one of cultural conservatism or fear of the unknown as opposed to traditional dispute resolution mechanisms, which for all their imperfections lawyers understand unequivocally.

Research limitations/implications

It is recognized that the introduction of mediatory techniques into construction disputes will have a cumulative effect on the Scottish legal fraternity over time. Cross‐sectional studies are often unable to yield information about the direction of causal relationships between variables that are interrelated in a complex way. Neither do cross‐sectional studies permit researchers to assess the effectiveness of intervention strategies.

Originality/value

This is the first empirical work ascertaining the views and experiences of Scottish construction lawyers on mediation. While the research reveals evidence of a modest bottom‐up growth of construction mediation in Scotland, it also provides insight into key policy issues which will require to be resolved if mediation is to move from the margins to the mainstream of construction disputing practices in Scotland.

Details

International Journal of Law in the Built Environment, vol. 3 no. 2
Type: Research Article
ISSN: 1756-1450

Keywords

Access Restricted. View access options
Article
Publication date: 1 February 2003

Albert P.C. Chan, James M.W. Wong and Y.H. Chiang

The construction industry plays a significant role to the economy of Hong Kong not only in terms of output but also the employment. The sector, however, has been severely hit by…

1933

Abstract

The construction industry plays a significant role to the economy of Hong Kong not only in terms of output but also the employment. The sector, however, has been severely hit by the economic downturn in recent years resulting in serious unemployment. Employment planning becomes one of the critical aspects for the recovery of the economy. The main objective of this paper is to establish a labour demand model for the Hong Kong construction industry. The unique characteristics and the current conditions of the construction labour market are reviewed. Regression analysis based on 123 construction projects was used to compute the relationship between expenditure and site workers employed. The best predictor of average labour demand of construction projects in Hong Kong is found to be DL = 463 C 0.934, where DL is the actual labour demand in man‐days, C is the final cost of contract in millions. The labour demand‐cost relationship can be applied as a manpower forecasting model to estimate the total labour required for a given type of project. The developed model enables a more reliable and accurate planning of manpower requirements in the construction industry.

Details

Journal of Engineering, Design and Technology, vol. 1 no. 2
Type: Research Article
ISSN: 1726-0531

Keywords

Access Restricted. View access options
Article
Publication date: 5 July 2013

Graham Brewer, Thayaparan Gajendran, Marcus Jefferies, Denny McGeorge, Steve Rowlinson and Andrew Dainty

Public‐private partnerships (PPPs) and other innovative procurement mechanisms are frequently used to deliver both an asset and a public service over a protracted period. The…

879

Abstract

Purpose

Public‐private partnerships (PPPs) and other innovative procurement mechanisms are frequently used to deliver both an asset and a public service over a protracted period. The value streams to the parties involved can be complex, but generally arise from the satisfactory provision of infrastructure that is fit for purpose throughout its life. This research aims to investigate the effectiveness of the facility management (FM) function in delivering long‐term value to both the client and consortium.

Design/methodology/approach

This paper describes a case study of a PPP in Australia that delivered social infrastructure in multiple locations to a state government. Drawing upon multiple perspectives from within the consortium, it utilises inductive principles to identify the influences on value generation through innovation by the FM function.

Findings

The ability of an Australian FM contractor to provide value within a PPP context has been shown to reflect some of the attributes described in literature. However, the extent of innovation, especially in the design and construction phases, has been limited by organisational history and capability, and relational and contextual issues.

Originality/value

This research highlights a flaw in the rhetoric relating to PPP delivery, namely the disconnection between the asset delivery and service delivery phases, which stifles the consortium's capacity to innovate and maximise value. It reveals a set of influences that both resonate with the literature and plausibly explain the suboptimal performance of the FM function within an Australian PPP. By using highly iterative analysis leading to within‐case generalisability, it provides a robust basis for wider investigation of the problem.

Details

Built Environment Project and Asset Management, vol. 3 no. 1
Type: Research Article
ISSN: 2044-124X

Keywords

Access Restricted. View access options
Article
Publication date: 1 February 2000

ANDREW R.J. DAINTY, BARBARA M. BAGILHOLE and RICHARD H. NEALE

In order to retain and motivate employees, organizations must respond to their expectations, both in terms of meeting formal aspects of their employment contracts and in…

748

Abstract

In order to retain and motivate employees, organizations must respond to their expectations, both in terms of meeting formal aspects of their employment contracts and in addressing their less formal expectations of the employment relationship. Within the current human resources management (HRM) literature, these informal expectations are known as psychological contracts. This paper reports on research that explored psychological contracts within the construction industry. In‐depth interviews were held with more than 80 construction managers and professional staff who worked for five large UK contracting organizations. The interviewees were asked to describe their career histories, and to discuss any tensions between the personnel policies of their organizations and their personal career aspirations and expectations. It emerged that responsibility for human resource development (HRD) had been largely devolved to divisional and operational management. This led to HRD becoming fragmented and unresponsive, and to employees becoming disillusioned by their employers' failure to meet their expectations. It is argued that construction companies require a more sophisticated understanding of their employees' expectations of the employment relationship if they are to be retained in the long term.

Details

Engineering, Construction and Architectural Management, vol. 7 no. 2
Type: Research Article
ISSN: 0969-9988

Keywords

Access Restricted. View access options
Article
Publication date: 1 August 2004

Andrew R.J. Dainty, Stephen G. Ison and David S. Root

Econometric forecasts indicate that the UK construction industry faces a severe skills deficit in the foreseeable future. This paper details the results of a major labour market…

4822

Abstract

Econometric forecasts indicate that the UK construction industry faces a severe skills deficit in the foreseeable future. This paper details the results of a major labour market research projects, which canvassed the opinions of over 50 industry stakeholders within the East Midlands region of the UK. Focus groups were used to elicit the collective opinions of key clients, consultants, contractors, industry bodies and employers of all sizes. The key themes and requirements discussed by the participants are used to develop a conjoined strategy for bridging the industry's skills gap at a regional level. It is argued that this package of mutually supportive measures could provide a transferable strategy for addressing skills deficiencies in other regions, particularly given the espoused government aspiration to devolve labour market planning activities to provincial forums and regional development agencies.

Details

Engineering, Construction and Architectural Management, vol. 11 no. 4
Type: Research Article
ISSN: 0969-9988

Keywords

1 – 10 of 18
Per page
102050