Preventive Approach to Unsubstantiated Claims and Disputes in the UK Construction Industry

Globally, claims and disputes are an unfortunate reality in construction projects. Recent statistics reveal that construction claims in the UK increased by 21% in 2018 compared to other countries such as India (8%), Mexico (3%), Ireland (2%), and Cyprus (2%). Though, construction industry is known for array of standard forms of contract and administrative tendencies; unsubstantiated claims and chronic disputes remain prevalent in the sector. Yet, there is little research on preventive approach to unsubstantiated claims that ultimately lead to disputes. The study advocates the use of Systematic and Technical Appraisal (STA) to prevent unsubstantiated claims and disputes in the construction industry. The study research method is based on qualitative research technique and use of case studies. The research question is: does systematic and technical appraisal of construction claims help prevent unsubstantiated claims and disputes in the UK construction industry? The study population sample is drawn from experienced industry stakeholders including clients, contractors, consultants, experienced quantity surveyors and cost managers in addition to use of construction case studies. Initial findings reveal that claim management processes in the construction sector are far-off from perfection. Other findings reveal that robust systematic and technical claim appraisal process has potential to prevent unsubstantiated claims; which in most cases lead to disputes. The study is part of an on-going PhD study to seek to develop an effective claim management system for the UK construction industry

Integrated Performance Optimization of Higher Education Buildings Using Low-Energy Renovation Process and User Engagement

Building performance improvement through low-energy renovation traditionally involves building performance diagnostics of the existing building, technology evaluation, selection and implementation. Effective building performance diagnostics, post-retrofit assessment and user engagement are essential to deliver performance as well as achieving socio-economic and environmental benefits at every stage of the renovation project life cycle. User’s views are often ignored when renovating a building, causing sub-optimal energy performance, user comfort and wellbeing. This paper seeks to critically evaluate the low-energy renovation process and the role of user and stakeholder engagement in the strategic implementation of low-energy retrofit technologies for performance improvement of higher education buildings. The research focuses on renovation methodology, innovative materials/systems and end-user engagement throughout the renovation project phases (pre-renovation, the renovation process and post renovation). A mixed research method was adopted, which includes building performance modelling, monitoring and user evaluation questionnaires pre and post-renovation. The research is part of European Union (EU)-funded project, targeting 50% reduction in energy consumption using innovative materials and technologies in existing public buildings. The surveys allow comparative analysis of comfort levels and user satisfaction as an indicator of the efficacy of renovation measures. A new renovation process and user engagement framework was developed. The findings suggest that there is a direct relationship between retrofit intervention, improving energy performance of low-carbon buildings and the comfort of occupants. The technologies and strategies also appear to have different impacts on user satisfaction

Analysis of penalties imposed on organisations for breaching safety and health regulations in the United Kingdom.

The study analyzes penalties imposed on organizations for breaching safety and health regulations. The research questions are as follows: what are the commonly breached safety and health regulations? How proportional are penalties imposed on organizations for breaching health and safety regulations in the United Kingdom? The study employed sequential explanatory mixed research strategies for better understanding of health and safety penalties imposed on organizations. Actual health and safety convictions and penalties data for 10 years (2006 to 2016) were obtained through the United Kingdom Health and Safety Executive (HSE) public register for convictions. Overall, 2,217 health and safety cases were analyzed amounting to total fines of £37,179,916, in addition to other wide-ranging penalties. For thorough understanding, eight interviews were conducted with industry practitioners, lawyers, and HSE officials as part of the study qualitative data. Findings show that the Health and Safety at Work (HSW) Act accounted for 46% of all HSE prosecution cases in the last decade. This is nearly half of the total safety and health at work prosecutions. Moreover, there is widespread desire for organizations to comply with the HSW Act, but route fines are seen as burdensome and inimical to business growth. A key deduction from the study reveal significant disproportionality concerning penalties imposed on organizations for breaching safety and health regulations. On aggregate, small companies tend to pay more for health and safety offenses in a ratio of 1:2 compared to large companies. The study also reveals that the HSW Act accounted for nearly half of the total safety and health at work prosecutions in the last decade

Development of a procurement decision support system to enhance construction project delivery - From claims management perspective

The passive use of the most convenient, rather than the most appropriate procurement strategy has led to the failure of many construction projects. The result of these inappropriate procurement decisions have been numerous contract claims emanating at the project execution stage leading to time over-run, cost over-run and project delays. When these claims are not carefully managed, it often degenerates to arbitration, mediation, litigation and in some cases outright project abandonment. The research developed a decision support system for selecting the most appropriate procurement strategy to enhance current industry practice. This study is based on an underpinning positivism research paradigm which relates to the impact of procurement strategy decisions on construction project delivery. The research adopted both epistemological (theory) and ontological (practice) philosophical stance in developing a procurement decision advisory system. This was achieved by both extensive literature search and knowledge elicitation from industry experts on current industry practices. Furthermore, a validation survey was carried out based on 32 case studies of recently completed construction projects which revealed that implementation of the proposed decision support system could enhance the successful delivery of construction projects. The procurement decision support system is based on robust theoretical framework and reality in practice

Institutional foundations of construction ICT: A view from the West Midlands of England

Construction industry is of strategic importance to economic development and growth within any region and nation. However, the industry is confronted by many challenges including poor labour productivity. Part of the explanation frequently provided in literature is that the industry has been slow to adopt and institutionalize useful information and communication technologies (ICT). The research questions asked in this article are: What are the institutional foundations for West-Midlands construction firms to deliver their projects based on ICT and how can these be strengthened? These questions are asked for two reasons. The first is to understand the reasons behind slow ICT adoption and second, to inquire into what can be done about it. The article provides an overview of projects using advanced ICT in the region and presents the results of a focus group discussion undertaken with six industry experts. Scott's pillars of institutions were used for understanding how the foundations for ICT adaption in the region can be strengthened. Findings are that present regulations, incentives and perceptions of ICT can be further strengthened. While ICT adoption appears to accelerate in large projects, many practitioners remain sceptical as to whether the excessive costs associated with ICT adoptions are justified. The regulative pressures exerted by government in support of ICT adoption do not seem to have fully materialised in industrial practice. However, it is apparent that the normative and cultural cognitive pressures are rendered weak in the region with using advanced ICT being viewed as extraordinary rather than standard industrial practice