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Article
Publication date: 6 November 2017

Rachel Griffiths, Wayne Lord and Jeremy Coggins

The purpose of this study is to identify building contractors’ views as to the need for, impact of and barriers to the use of project bank accounts (PBAs) in the UK construction…

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Abstract

Purpose

The purpose of this study is to identify building contractors’ views as to the need for, impact of and barriers to the use of project bank accounts (PBAs) in the UK construction industry.

Design/methodology/approach

A cross-sectional research study was carried out by the use of questionnaires to collect quantitative data. The population for the research was of construction professionals working as full-time employees for either main (Tier 1) or specialist contractors (Tiers 2-4).

Findings

Contractors consider PBAs as an effective initiative to encourage fair payment. There is uncertainty, however, as to whether PBAs will result in project cost savings. Head contractor resistance is perceived to be the biggest barrier to the use of PBAs. Adoption of PBAs in private-sector construction projects is likely to be slow.

Research limitations/implications

The relative infancy of PBA usage in the construction industry means that responses are largely based on awareness as opposed to experience. Nevertheless, survey data represent a snapshot of contractors’ perceptions with respect to PBAs, which may be used as a benchmark against which to compare future studies to monitor how contractors’ views and expectations have changed with time.

Originality/value

The survey results will be of particular interest to those international jurisdictions who are considering, or who have already embarked on, the path of trialling and/or using PBAs in the public sector.

Details

Journal of Financial Management of Property and Construction, vol. 22 no. 3
Type: Research Article
ISSN: 1366-4387

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Article
Publication date: 4 October 2011

Wayne Edward Lord and Thomas Edward Gray

The purpose of this paper is to examine relevant case law governing the failure and/or success of global or rolled‐up claims, where it is said to be impractical or impossible to…

746

Abstract

Purpose

The purpose of this paper is to examine relevant case law governing the failure and/or success of global or rolled‐up claims, where it is said to be impractical or impossible to demonstrate the links between certain causes of action and the monetary value to be attached to each. The paper proposes a theoretical framework to improve a claimant's prospects of success in advancing a global claim, not only in circumstances where it may be impractical or impossible to provide a breakdown but also where a cost benefit analysis concludes it is reasonable to do so.

Design/methodology/approach

The paper uses traditional doctrinal legal methodology to evaluate judicial statements on the merits of global claims from a number of jurisdictions. The paper also draws on key authorities from the realms of health and safety and professional negligence.

Findings

The cases demonstrate attempts by the court to recognise the problems faced by claimants at the end of a construction contract where their total costs exceed the agreed contract price. The comparative success or failure of a global claim depends on the judicial approach to a number of factors including: impossibility, impracticability, conduct of the claimant and defendant, balance between excessive particularity and basic information, the keeping of records, the costs of claim preparation and apportionment. There remains a significant risk of failure of a global claim but the risk can be reduced significantly provided the claimant conducts a defensible cost benefit analysis of the approach taken.

Practical implications

A global claim can be used more often provided the rationale behind its presentation forms a logical basis. The cost of litigating complex construction contracts can be reduced significantly if global claims can become the norm rather than the exception, provided the claimant conducts a cost benefit analysis and the court concludes the analysis is reasonable and defensible.

Originality/value

Traditional legal theory relies upon the proposition that the claimant must prove that to which he believes he is entitled to such an extent that the defendant's right to know the case it has to meet is satisfied. This paper adds value to the theory by proposing a radical strategy whereby a reasonable claimant can assist the court in finding a factual and logical basis for awarding the whole of a global claim and, where appropriate, by deduction in addition to the principle of apportionment, less than the whole.

Details

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

Keywords

Available. Content available
Article
Publication date: 14 January 2014

96

Abstract

Details

Engineering, Construction and Architectural Management, vol. 21 no. 1
Type: Research Article
ISSN: 0969-9988

Available. Content available
Article
Publication date: 4 October 2011

802

Abstract

Details

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

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Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…

1509

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

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Book part
Publication date: 24 July 2020

Francis J. Yammarino, Minyoung Cheong, Jayoung Kim and Chou-Yu Tsai

For many of the current leadership theories, models, and approaches, the answer to the question posed in the title, “Is leadership more than ‘I like my boss’?,” is “no,” as there…

Abstract

For many of the current leadership theories, models, and approaches, the answer to the question posed in the title, “Is leadership more than ‘I like my boss’?,” is “no,” as there appears to be a hierarchy of leadership concepts with Liking of the leader as the primary dimension or general factor foundation. There are then secondary dimensions or specific sub-factors of liking of Relationship Leadership and Task Leadership; and subsequently, tertiary dimensions or actual sub-sub-factors that comprise the numerous leadership views as well as their operationalizations (e.g., via surveys). There are, however, some leadership views that go beyond simply liking of the leader and liking of relationship leadership and task leadership. For these, which involve explicit levels of analysis formulations, often beyond the leader, or are multi-level in nature, the answer to the title question is “yes.” We clarify and discuss these various “no” and “yes” leadership views and implications of our work for future research and personnel and human resources management practice.

Details

Research in Personnel and Human Resources Management
Type: Book
ISBN: 978-1-80043-076-1

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Article
Publication date: 1 January 1977

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that…

2153

Abstract

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

Details

Managerial Law, vol. 20 no. 1
Type: Research Article
ISSN: 0309-0558

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Book part
Publication date: 13 August 2018

Robert L. Dipboye

Abstract

Details

The Emerald Review of Industrial and Organizational Psychology
Type: Book
ISBN: 978-1-78743-786-9

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Book part
Publication date: 27 February 2019

W B Howieson

Abstract

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Leadership
Type: Book
ISBN: 978-1-78769-785-0

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Article
Publication date: 1 January 2004

James H. Dulebohn, Brian Murray and Gerald R. Ferris

Interest in the nature of influence attempts in the performance evaluation process has increased in recent years. Researchers have conducted a number of important and revealing…

230

Abstract

Interest in the nature of influence attempts in the performance evaluation process has increased in recent years. Researchers have conducted a number of important and revealing cross‐sectional investigations, but there remains virtually no longitudinal work in this area. The present study attempted to address this need by conducting a multi‐period investigation of influence tactics use and affect that addressed three questions: (1) Are individuals consistent in their use of influence tactics across evaluation periods? (2) Are prior‐period performance ratings reflected in subsequent influence tactic use? (3) What role does affect, both supervisor and subordinate, play in this process? A latent variable structural model was tested using longitudinal data from managers and employees of food services units. Our results indicated that there is a cycle of continued influence tactic use across time periods, performance ratings help to determine subsequent tactic use, and both supervisor and subordinate affect play a role in the influence‐evaluation process. Implications of these results and directions for future research are discussed.

Details

Organizational Analysis, vol. 12 no. 1
Type: Research Article
ISSN: 1551-7470

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