Developments in the United Kingdom Dispute Resolution Process

It is generally recognized that the U.K. construction industry is associated with low profit, delay in payments, cash flow concerns, short-term relationships compared with other industries, and high levels of business failure. In particular, claims and disputes have proliferated in the industry largely due to unfair payment practices. Therefore, to encourage a swifter and more economic method of resolving construction disputes by way of adjudication, the U.K. Housing Grants, Construction and Regeneration Act 1996 (HGCRA) came into force on October 1st, 2011in England andWales, and November 1st, 2011 in Scotland. This study presents the HGCRA 1996 Act—highlighting its strengths and weaknesses—along with the new 2009 Construction Act. The study additionally presents awareness of the new Act, key reasons for amending the HGCRA 1996 Act, and the impact of key changes in the Act on the dispute resolution process. The paper concludes that the new Act is perceived as being more effective at improving cash flow in the construction supply chain and is expected to encourage parties to resolve disputes by adjudication—but it will have to overcome the historical fact that integration of such proposed changes in construction may be a complex issue

Behavioural changes in drivers experiencing highly-automated vehicle control in varying traffic conditions

Previous research has indicated that high levels of vehicle automation can result in reduced driver situation awareness, but has also highlighted potential benefits of such future vehicle designs through enhanced safety and reduced driver workload. Well-designed automation allows drivers’ visual attention to be focused away from the roadway and toward secondary, in-vehicle tasks. Such tasks may be pleasant distractions from the monotony of system monitoring. This study was undertaken to investigate the impact of voluntary secondary task uptake on the system supervisory responsibilities of drivers experiencing highly-automated vehicle control. Independent factors of Automation Level (manual control, highly-automated) and Traffic Density (light, heavy) were manipulated in a repeated-measures experimental design. 49 drivers participated using a high-fidelity driving simulator that allowed drivers to see, hear and, crucially, feel the impact of their automated vehicle handling. Drivers experiencing automation tended to refrain from behaviours that required them to temporarily retake manual control, such as overtaking, resulting in an increased journey time. Automation improved safety margins in car following, however this was restricted to conditions of light surrounding traffic. Participants did indeed become more heavily involved with the in-vehicle entertainment tasks than they were in manual driving, affording less visual attention to the road ahead. This might suggest that drivers are happy to forgo their supervisory responsibilities in preference of a more entertaining highly-automated drive. However, they did demonstrate additional attention to the roadway in heavy traffic, implying that these responsibilities are taken more seriously as the supervisory demand of vehicle automation increases. These results may dampen some concerns over driver underload with vehicle automation, assuming vehicle manufacturers embrace the need for positive system feedback and drivers also fully appreciate their supervisory obligations in such future vehicle designs

Effectiveness of a national quality improvement programme to improve survival after emergency abdominal surgery (EPOCH): a stepped-wedge cluster-randomised trial

Background: Emergency abdominal surgery is associated with poor patient outcomes. We studied the effectiveness of a national quality improvement (QI) programme to implement a care pathway to improve survival for these patients. Methods: We did a stepped-wedge cluster-randomised trial of patients aged 40 years or older undergoing emergency open major abdominal surgery. Eligible UK National Health Service (NHS) hospitals (those that had an emergency general surgical service, a substantial volume of emergency abdominal surgery cases, and contributed data to the National Emergency Laparotomy Audit) were organised into 15 geographical clusters and commenced the QI programme in a random order, based on a computer-generated random sequence, over an 85-week period with one geographical cluster commencing the intervention every 5 weeks from the second to the 16th time period. Patients were masked to the study group, but it was not possible to mask hospital staff or investigators. The primary outcome measure was mortality within 90 days of surgery. Analyses were done on an intention-to-treat basis. This study is registered with the ISRCTN registry, number ISRCTN80682973. Findings: Treatment took place between March 3, 2014, and Oct 19, 2015. 22 754 patients were assessed for elegibility. Of 15 873 eligible patients from 93 NHS hospitals, primary outcome data were analysed for 8482 patients in the usual care group and 7374 in the QI group. Eight patients in the usual care group and nine patients in the QI group were not included in the analysis because of missing primary outcome data. The primary outcome of 90-day mortality occurred in 1210 (16%) patients in the QI group compared with 1393 (16%) patients in the usual care group (HR 1·11, 0·96–1·28). Interpretation: No survival benefit was observed from this QI programme to implement a care pathway for patients undergoing emergency abdominal surgery. Future QI programmes should ensure that teams have both the time and resources needed to improve patient care. Funding: National Institute for Health Research Health Services and Delivery Research Programme

Effectiveness of a national quality improvement programme to improve survival after emergency abdominal surgery (EPOCH): a stepped-wedge cluster-randomised trial

BACKGROUND: Emergency abdominal surgery is associated with poor patient outcomes. We studied the effectiveness of a national quality improvement (QI) programme to implement a care pathway to improve survival for these patients. METHODS: We did a stepped-wedge cluster-randomised trial of patients aged 40 years or older undergoing emergency open major abdominal surgery. Eligible UK National Health Service (NHS) hospitals (those that had an emergency general surgical service, a substantial volume of emergency abdominal surgery cases, and contributed data to the National Emergency Laparotomy Audit) were organised into 15 geographical clusters and commenced the QI programme in a random order, based on a computer-generated random sequence, over an 85-week period with one geographical cluster commencing the intervention every 5 weeks from the second to the 16th time period. Patients were masked to the study group, but it was not possible to mask hospital staff or investigators. The primary outcome measure was mortality within 90 days of surgery. Analyses were done on an intention-to-treat basis. This study is registered with the ISRCTN registry, number ISRCTN80682973. FINDINGS: Treatment took place between March 3, 2014, and Oct 19, 2015. 22 754 patients were assessed for elegibility. Of 15 873 eligible patients from 93 NHS hospitals, primary outcome data were analysed for 8482 patients in the usual care group and 7374 in the QI group. Eight patients in the usual care group and nine patients in the QI group were not included in the analysis because of missing primary outcome data. The primary outcome of 90-day mortality occurred in 1210 (16%) patients in the QI group compared with 1393 (16%) patients in the usual care group (HR 1·11, 0·96-1·28). INTERPRETATION: No survival benefit was observed from this QI programme to implement a care pathway for patients undergoing emergency abdominal surgery. Future QI programmes should ensure that teams have both the time and resources needed to improve patient care. FUNDING: National Institute for Health Research Health Services and Delivery Research Programme

The abolition of ‘contracts in writing’ rule in the new 2009 construction act: potential implications for the UK adjudications

Purpose – The UK construction industry has been at the forefront of finding efficient, cost-effective and fair methods of resolving disputes. Therefore, to ensure the 1996 Act is more effective in achieving its intended objective, the new Act came into force on the 1 October 2011 in England and Wales, and 1 November 2011 in Scotland. The purpose of this paper is to explore one of the most important amendments in the new Act, the abolition of the “contract in writing” rule. The extent to which the UK industry is aware of the likely implications of the abolition of the “contracts in writing” rule in the new Act on the adjudication has not been empirically explored – which is the core raison d'être of this paper. Design/methodology/approach – A web-based, online questionnaire survey method was employed to collect data. Descriptive analysis was used to analyse the data obtained from the 102 completed and usable questionnaires for inference and conclusion. This research employed t-tests to compare means of small to medium-sized enterprises (SMEs) and large organisations. Findings – The findings suggests that the UK construction industry is well aware of the abolition of the “contracts in writing” rule in the new Act and the industry perception is that it is good for their business. The survey revealed that the amended rule in the new Act would significantly increase number of adjudications, number of hearings before the adjudicator, assessment of witness evidence, costs of the adjudication process, and timescale of an adjudication process. The three most important challenges to the adjudication process with the amended rule in the new Act include: assessment of wholly oral or partly oral contract terms that were agreed, availability of evidence, and availability of information. There are no significant statistical variations between the responses of the SMEs and large organisations. Practical implications – The paper concludes that the new Act will have significant impact on the UK adjudication. Therefore, the UK industry urgently needs to adopt and become accustomed to quite significant changes in the new Act. It is advised that an industry-wide awareness-raising programme on the new Act needs to be developed and deployed. Originality/value – The paper improves understanding and awareness of the construction industry professionals regarding the likely implications of the abolition of the “contracts in writing” rule in the new Act on the adjudication

The effect of three low-cost engineering treatments on driver fatigue: A driving simulator study

Three engineering treatments were implemented in a driving simulator study to assess the effect of road-based measures on alleviating the symptoms of fatigue. Using results from previous research on the effect of circadian rhythms on fatigue-related crashes, two groups of male drivers were recruited for this study: young shift workers under the age of 35, who attended immediately after their night shift, and older drivers over the age of 45, who completed the study during the 'post lunch dip' period, after consuming lunch. Eye tracking (PERCLOS) and lateral driver performance measures were used to assess whether baseline measures of fatigue changed after drivers experienced each of the three treatments, which included variable message signs, chevrons and rumble strips. Results showed a marked difference in these measures between drivers' baseline (not fatigued) and experimental (fatigued) visits. There were also some reductions in lateral deviation and eye closure (as measured by PERCLOS) when the treatments were encountered, but no marked difference between the three treatments. These results suggest that in addition to driver- and vehicle-based methods currently employed to mitigate the effects of fatigue, the inclusion of such engineering measures may help alleviate fatigue-related impairments in driving, particularly if such treatments are implemented during long stretches of straight monotonous roads which are known to be associated with fatigue-related crashes. However, positive effects of the treatments were short lived, prompting the need for further investigations on their optimal frequency of presentation and combination to achieve maximum impact from these low-cost, road-based treatments

Simulation of the spatiotemporal aspects of land erodibility in the northeast Lake Eyre Basin, Australia, 1980-2006

This paper explores spatiotemporal patterns in land erodibility in the northeast portion of the Lake Eyre Basin, Australia, using the Australian Land Erodibility Model (AUSLEM) in simulations from 1980 to 2006. First, spatial patterns in land erodibility are examined. We then present an analysis of seasonal and interannual variations in land erodibility. Patterns in land erodibility change are compared to rainfall variability, the El Niño–Southern Oscillation (ENSO) and Pacific (inter-) Decadal Oscillation (PDO). Land erodibility is found to peak in the study area between early spring (September, October, November) and late summer (January, February, March), and reach a minimum over winter (June, July, August). Weak correlations are found between modeled land erodibility, rainfall, ENSO, and the PDO. The results indicate a complex landscape response to climate variability, with land erodibility dynamics being affected by antecedent rainfall and vegetation conditions which generate lag responses in land erodibility change. The research highlights the importance of developing methods for monitoring conditions driving variations in wind erosion at the landscape scale to enhance land management policy in arid and semiarid landscapes at a time of uncertain future climate changes