643 research outputs found
Corrigendum to: Forensic delay analysis as evidence of transaction costs in construction projects.
This corrigendum contains several corrections to the text originally publishes at https://doi.org/10.1088/1755-1315/1101/5/052009
Corrigendum to: Factual disagreements in construction delay disputes: identification, evaluation and testing of the justifications for differences in opinion.
This is a correction for the article published at https://doi.org/10.1088/1755-1315/1101/5/052001
Factual disagreements in construction delay disputes: identification, evaluation and testing of the justifications for difference in opinion.
Construction delay claims are a leading cause for disputes in the sector. There are two primary aspects to such disagreements: legal and factual. The focus of this paper is the latter. It identifies, evaluates and ranks the factors that impact the analysis of evidence concerning construction delays. The research method is two-fold, involving content analysis of twenty case studies, that identifies the reasons for difference in expert opinion (or factors), and testing of these findings in a survey questionnaire designed to examine the impact and comprehensiveness of those factors. This method provides a more rigorous assessment than previous studies and therefore a more precise list of variables. It is concluded that the factors can be grouped into two categories: (i) materials and documents and (ii) matters of interpretation. Although both categories are important, the deficiencies in the former are often exploited by the parties and/or legal professionals to generate conflicting results in terms of extension of time entitlements. Incorrect, incomplete, undisclosed and/or unagreed records and procedures are used to generate ambiguity and create opportunities to perpetuate claims and disagreements. The work presented here provides additional support to the proposition that opportunistic behaviour is at the core of factual delay disputes and further evidence that tailored contractual delay protocols such as delay analysis clauses can be an effective aspect of a broader solution
Recommended from our members
Construction management contracts: law and practice
The context of construction management (CM) reveals that this method of procurement is as much a management philosophy as a contract structure. It is important to consider legal and contractual issues in this context. The interplay between management and law is complex and often misunderstood. Before considering specific issues, the use of contractual remedies in business agreements is discussed. In addition, the extent to which standardising a form of contract detracts or contributes to the success of projects is also considered. The dearth of judicial decisions, and the lack of a standard form, render it difficult to be specific about legal issues. Therefore, the main discussion of legal issues is centred around a recently completed research project which involved eliciting the views of a cross-section of experienced construction management clients, consultants and trade contractors. These interviews are used as the basis for highlighting some of the most important legal points to consider when setting up CM projects. The interviews revealed that the advantage of CM is the proximity of the client to the trade contractors and the disadvantage is that it depends on a high degree of professionalism and experience; qualities which are unfortunately difficult to find in the UK construction industry
Symptomatic Sinus Node Disease: Natural History After Permanent Ventricular Pacing *
Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/75403/1/j.1540-8159.1979.tb03650.x.pd
Rebirth of X-ray Emission from the Born-Again Planetary Nebula A 30
The planetary nebula (PN) A30 is believed to have undergone a very late
thermal pulse resulting in the ejection of knots of hydrogen-poor material.
Using HST images we have detected the angular expansion of these knots and
derived an age of 850+280-150 yr. To investigate the spectral and spatial
properties of the soft X-ray emission detected by ROSAT, we have obtained
Chandra and XMM-Newton observations of A30. The X-ray emission from A30 can be
separated into two components: a point-source at the central star and diffuse
emission associated with the hydrogen-poor knots and the cloverleaf structure
inside the nebular shell. To help us assess the role of the current stellar
wind in powering this X-ray emission, we have determined the stellar parameters
of the central star of A 30 using a non-LTE model fit to its optical and UV
spectrum. The spatial distribution and spectral properties of the diffuse X-ray
emission is suggestive that it is generated by the post-born-again and present
fast stellar winds interacting with the hydrogen-poor ejecta of the born-again
event. This emission can be attributed to shock-heated plasma, as the
hydrogen-poor knots are ablated by the stellar winds, under which circumstances
the efficient mass-loading of the present fast stellar wind raises its density
and damps its velocity to produce the observed diffuse soft X-rays. Charge
transfer reactions between the ions of the stellar winds and material of the
born-again ejecta has also been considered as a possible mechanism for the
production of diffuse X-ray emission, and upper limits on the expected X-ray
production by this mechanism have been derived. The origin of the X-ray
emission from the central star of A 30 is puzzling: shocks in the present fast
stellar wind and photospheric emission can be ruled out, while the development
of a new, compact hot bubble confining the fast stellar wind seems implausible.Comment: 29 pages, 11 figures, 4 tables; accepted for publication by Ap
Which Kubo formula gives the exact conductance of a mesoscopic disordered system?
In both research and textbook literature one often finds two ``different''
Kubo formulas for the zero-temperature conductance of a non-interacting Fermi
system. They contain a trace of the product of velocity operators and
single-particle (retarded and advanced) Green operators: or . The study investigates the relationship between
these expressions, as well as the requirements of current conservation, through
exact evaluation of such quantum-mechanical traces for a nanoscale (containing
1000 atoms) mesoscopic disordered conductor. The traces are computed in the
semiclassical regime (where disorder is weak) and, more importantly, in the
nonperturbative transport regime (including the region around
localization-delocalization transition) where concept of mean free path ceases
to exist. Since quantum interference effects for such strong disorder are not
amenable to diagrammatic or nonlinear -model techniques, the evolution
of different Green function terms with disorder strength provides novel insight
into the development of an Anderson localized phase.Comment: 7 pages, 5 embedded EPS figures, final published version (note: PRB
article has different title due to editorial censorship
In search of green political economy: steering markets, innovation and the case of the zero carbon homes agenda in England
Advocates of a democratic ‘Green state’ challenge Hayekian free-market environmentalist proposals for a minimal state and the emphasis of ecological modernisation discourses on technological innovation as the primary route towards ecological sustainability. However, these more strongly pro-market traditions raise important questions and provide useful insights concerning the challenges of translating the political ideology of ‘ecologism’ into practical proposals for democratic governance. Hayekian thought raises vital questions concerning the capacity of political processes to address complex challenges of coordinating the formulation and delivery of the sustainability objectives of ecologism. Scholarship on ecological modernisation and the ‘new regulation’ offer important insights into how shifting interrelationships between the state and private sector in the policy process might enable this challenge to be more effectively addressed. These areas for further developing proposals for a Green state are illustrated here through a case study of the zero carbon homes policy agenda in England
Mathematical Aspects of the Periodic Law
We review different studies of the Periodic Law and the set of chemical
elements from a mathematical point of view. This discussion covers the first
attempts made in the 19th century up to the present day. Mathematics employed
to study the periodic system includes number theory, information theory, order
theory, set theory and topology. Each theory used shows that it is possible to
provide the Periodic Law with a mathematical structure. We also show that it is
possible to study the chemical elements taking advantage of their
phenomenological properties, and that it is not always necessary to reduce the
concept of chemical elements to the quantum atomic concept to be able to find
interpretations for the Periodic Law. Finally, a connection is noted between
the lengths of the periods of the Periodic Law and the philosophical
Pythagorean doctrine.Comment: 20 pages, PDF fil
- …