Craft Jurisdiction Impact on Construction

Construction craft jurisdiction, normally exercised by unions, includes both territorial and technological claims to certain categories of work. Jurisdiction is important to unions in maintaining membership, negotiating wages and benefits, defining apprenticeship programs, and establishing work rules. This paper reports on a research project that had three main objectives: (1) Collect and analyze statistics on the incidence of jurisdictional disputes; (2) evaluate existing jurisdictional dispute settlement mechanisms; and (3) survey contractors and owners to determine the impact of craft jurisdictional practices (not only disputes) on costs and schedules. The paper concludes that there is inadequate statistical information at present to support informed decision‐making on jurisdictional problems. Most dispute settlement mechanisms are antiquated and ineffective, but there are good plans in some local areas. The survey revealed that there are serious cost and schedule impacts on construction projects from observing craft jurisdictional practices.     

Risk Index Model for Minimizing Environmental Disputes in Construction

Although the number of environment-related disputes is increasing, no risk management approach exists to minimize such disputes at construction sites. The purpose of this study was to develop an environmental risk index model for general contractors to minimize third-party environmental disputes at construction sites. The analytic hierarchy process is used to weigh and calculate an environmental risk index. A case study demonstrated how to apply this model for risk evaluation, on-site monitoring, and environmental management, whereas a comparative analysis revealed that the model decreased the number of disputes to some degree at sites where it was used. This model makes it possible to minimize environmental disputes in the field effectively.     

大型炭化室焦炉砌筑施工技术

文章从施工准备、劳动力、工期安排、施工方法以及应注意的问题等方面,阐述了大型炭化室焦炉砌筑施工技术。可对今后大型焦炉砌筑起到一定的借鉴作用。     

Case Study as to the Effectiveness of Dispute Review Boards on the Central Artery/Tunnel Project

The most prevalent use of the dispute review board (DRB) process in the United States to date is the central artery/tunnel project located in Boston. A DRB is a three-member panel jointly chosen by the contractor and owner that is present throughout the course of the contract, and whose responsibility it is to hear disputes contemporaneously with their occurrence. This paper reviews the efficacy of the DRB on the central artery/tunnel project answering such questions as to whether or not (1) there was any discernable bid savings between DRB and non-DRB contracts; (2) the DRB was successful in resolving all disputes prior to contract completion; (3) were there any barriers to the DRB’s effectiveness, concerning bid savings; and (4) the DRB reduced the costs of resolving disputes. The questions are timely and important in an industry that looks for new ways to reduce construction costs and values timely prevention and resolution to disputes.     

Settlement of Construction Jurisdictional Disputes

Jurisdictional disputes in the construction industry have long been a source of lost productivity. While dispute causes have been documented else‐where, the mechanisms for resolving disputes are explored here. Two alternatives are possible, namely: (1) The National Labor Relations Board; and (2) the Impartial Jurisdictional Disputes Board. For each approach, the organization, resolution process, appeal and injunctive relief opportunities, decision time frame, and decision criteria are documented. The two approaches are compared, and the advantages and disadvantages for each are cited. These assertions are based upon interviews and questionnaires. More than 60 industry and union officials participated. It is concluded that a voluntary procedure is highly desirable. The major barriers to developing a satisfactory procedure are: (1) Decision criteria; (2) enforcement authority; (3) contractor stipulation; and (4) scope of application. By far, the most difficult issue is that of decision criteria. The unions want the primary criterion to be past agreements of record and established trade practices. Contractors want more emphasis on efficiency and good management practices. It is concluded that unless this issue is resolved, no voluntary procedure will be satisfactory.     

Dispute Review Boards: Expected Application on Egyptian Large-Scale Construction Projects

The construction industry is heavily affected by the troubles arising out of construction disputes, especially when it comes to large-scale projects, as a direct result of the inherent complexity of such projects. This paper seeks the most suitable dispute-resolution mechanism for large-scale construction projects in Egypt, which is a developing country in the Middle East with an emerging reformed economical policy, a population in excess of 70 million people, and an increasing need for infrastructure and industrial development. This dispute-resolution mechanism was attained through a multistep methodology that (1) started with the study of the Arbitration process in relation to an Egyptian construction project with an initial contract price of 85 million; (2) continued with interviews of five senior experts in the field of construction disputes in Egypt about their views pertaining to the most efficient dispute-resolution methodology for Egyptian megaprojects; (3) developed a tailored questionnaire to assess the perceptions of 35 professionals toward the issue of construction disputes and dispute resolution mechanisms, including DRB; (5) concluded by carrying out a what-if scenario for the arbitration case of the large-scale construction project using DRB instead of arbitration. On basis of the analysis of the methodology, the authors concluded that despite the wide range of current dispute-resolution methodologies, the employment of DRBs in accordance with a set of 13 regulatory guidelines should mitigate the negative effects of disputes in Egyptian large-scale construction projects. Accordingly, this paper is both timely and valuable for all owners, contractors, and professionals who are acquainted with Egyptian megaprojects.     

Innovations to Manage Disputes: DRB and NEC

How do we reduce conflict and litigation in the construction process? On one hand, some industry leaders focus their efforts on improving alternative dispute resolution mechanisms to resolve disputes. For instance, the American Society of Civil Engineers has introduced the Dispute Review Board (DRB) as a complementary provision to standard U.S. construction contracts and practices. On the other hand, other industry leaders focus their efforts toward making fundamental changes to the way construction contracts are written. The Council of the Institution of Civil Engineers in the United Kingdom has introduced the New Engineering Contract (NEC) to the construction industry as an alternative to presently used contracts. Both of these efforts have proved to be effective in improving communication, relationships, and the management and reduction of disputes. This paper explores the philosophy of the DRB and NEC and compares their success stories as approaches to combating adversarial relationships and rising litigation costs in the construction industry.     

Arbitral Tribunal Proceedings Case Study: Egyptian Large-Scale Construction Project

This paper investigates how arbitration is used as a dispute resolution mechanism in Egyptian large scale construction projects and what are the types of issues that construction professionals should address when they encounter claims in the Egyptian construction market. To meet the goals and objectives of this study, a research project was conducted to study the arbitration process for a dispute that was in excess of $31 million, which arose out as a result of the proceeds of a large-scale project with an original contact price of $85 million that was constructed in Cairo, Egypt. This research project analytically investigated the background of the conflicts, the arbitral proceedings, and the award issued by the arbitral tribunal. Based on such thorough study, it was concluded that arbitration did not provide a timely and cost-effective resolution for the said dispute. Moreover, the same study has raised questions in relation to the overall management of megaconstruction projects in Egypt namely: (1) the impartiality of project managers; (2) the magnitude of change orders and consequent delays; (3) the magnitude of claimed amounts; and (4) the level of management and administration of claims and disputes. It is perceived that this paper would trigger professionals to think of other suitable dispute resolution mechanisms, such as dispute review boards, for settlement of claims arising from Egyptian large scale construction projects. Furthermore, this study would be of value for contractors and owners who intend to work in the Egyptian construction market.     

窨井周边沥青混凝土路面病害分析与整治

分析了城市道路中窨井周围沥青混凝土路面产生凹陷、麻面、开裂、脱落、龟裂等病害的原因，并结合自己的工作实际从施工队伍的管理，窨井的砌筑，路面的施工等三个方面阐述了消除上述病害的整治措施。     

Simplified Discrete-Event Simulation Approach for Construction Simulation

The methodology of discrete-event simulation provides a promising alternative solution to designing and analyzing dynamic, complicated, and interactive construction systems. In this paper, an attempt is made to extend the previous work of simplifying construction simulation by delving into the fundamental approaches for discrete-event simulation. A new simplified discrete-event simulation approach (SDESA) is presented through extracting the constructive features from the existing event/activity-based simulation methods; both the algorithm and the model structure of simulation are streamlined such that simulating construction systems is made as easy as applying the critical path method (CPM). Two applications based on real road construction projects in Hong Kong serve as case studies to illustrate the methodology of simulation modeling with SDESA and reveal the simplicity and effectiveness of SDESA in modeling complex construction systems and achieving the preset objectives of such modeling. They are a granular base-course construction system featuring both cyclic and linear processes and an asphalt paving construction system with complicated technological/logical constraints. As a general-purpose method for construction planning, SDESA enables practitioners to deal with what the CPM-based network analysis method fails to solve by offering discrete-event simulation capabilities. Furthermore, the SDESA can potentially be adapted to special-purpose simulation tools to tackle large and complicated construction systems of practical size that have yet to find convenient solutions with existing simulation methods.     

Quantification of Costs for Dispute Resolution Procedures in the Construction Industry

The extent to which disputes affect the construction industry has been well-documented. There are a plethora of anecdotal stories, and even some data that explain how unresolved conflict can impact project cost, schedule, and quality. In response, many systems and procedures have been developed to address disputes and their resolution within the construction industry. However, no data exist that quantitatively compare these various alternatives and the real costs of resolving a dispute using methods other than litigation. This paper presents a framework for identifying and capturing the transactional costs incurred to resolve disputes throughout the full spectrum of resolution options. Transactional cost data from 46 recently completed construction projects, totaling over $2 billion of total installed costs, confirm that these sums can account for a large portion of the settlement/award amount, the original claim amount, and even the total contract value when using some dispute resolution methods. Furthermore, using dispute trend and cost data, a comprehensive dispute management system based upon the concepts of risk management is proposed, highlighting the overriding objective of promoting dispute avoidance/resolution in the most cost-efficient manner possible.     

Neural Network–Based Intelligent Compaction Analyzer for Estimating Compaction Quality of Hot Asphalt Mixes

Continuous real-time estimating of compaction quality during the construction of a hot mix asphalt (HMA) pavement is addressed in this paper. The densification of asphalt pavements during construction usually is accomplished by using vibratory compactors. During compaction, the compactor and the asphalt mat form a coupled system whose dynamics are influenced by the changing stiffness of the mat. The measured vibrations of the compactor along with process parameters such as lift thickness, mix type, mix temperature, and compaction pressure can be used to predict the asphalt mat density. Contrary to existing techniques in the literature in which a model is developed to fit experimental data and to predict mat density, a neural network-based approach is adopted that is model-free and uses pattern-recognition techniques to estimate density. The neural network is designed to read the entire frequency spectrum of roller vibrations and to classify these vibrations into different levels. The intelligent asphalt compaction analyzer (IACA) is then trained to convert these vibration levels into a “number” indicative of the asphalt mat density at a given location. This two-step process eliminates the need for regression analysis and produces more accurate density measurements than those reported elsewhere in the literature. Compaction studies of HMA mixes on a stiff subgrade indicate that the changes in the vibration characteristics of the roller are attributable to an increased compaction of the HMA base. The results also show that, with the neural network working as a classifier, the IACA can estimate the density continuously, and in real time, with accuracy levels adequate for quality control in the field.     

Product Specification Practices and Problems

The technical product specifications of construction contracts and the associated submittal review processes are shown to be involved in a major portion of all serious project disputes. A large number of actual publicly‐funded water and wastewater treatment facility building projects were examined with subsequent analysis of those reviews indicating that these disputes are detrimental in terms of additional project cost, schedule delays, and overall project disruption and loss of goodwill. In particular, the proprietary “brand name or equal” product specification method is seen to be commonly at the heart of these product disputes. Several different solution strategies were expressed as statistical hypotheses and tested for effectiveness. Among other propositions, the managerial strategies of required bid listing of proposed products, timely dispute resolution, and clarifying the submittal review process proved to be realistic and effective tools for reducing both the incidence and severity of product‐related contract disputes. Exact details are put forward along with sensitivity ranges.     

铝电解预焙阳极沥青烟净化技术研究进展

随着我国经济建设的高速发展,建筑行业和日化产业都得到了长足的发展,带动之下,电解铝行业也发展迅速,这也在某种程度上推动了炭素企业的快速发展。但同时一些问题也随之尖锐化,诸如沥青烟的排放,一直是企业和国家相关部门亟待解决的问题。本文对沥青烟的构成和国内外对沥青烟的净化技术进行了阐述,从而对铝电解预焙阳极沥青烟净化技术的发展做了技术性展望,以期能够对国内这一技术的发展有所助益。     

Measuring Quality of Writing of Construction Specifications

The quality of writing of construction specifications is one of the greatest challenges facing construction contractors or their representatives in today’s business environment. Writers of construction specifications have been criticized for their contribution toward construction disputes. Although the construction business environment has moved toward modernization of some of its business processes, claims arising from construction specifications continue to rise. Equally, a written exposition of a quantitative instrument that measures the quality of writing of construction specifications is not available in the literature. Thus the construction industry needs to develop methodologies for measuring the quality of writing of construction specifications that should overcome their current underperformance in this area. This paper presents the procedures that underlie the quality of writing of construction specifications, gives a management tool for facilitating its measurement, and also presents the results of construction contractors’ practices regarding the quality of said writing. The results show that the surveyed Malawian construction contractors were in the process of putting in place principles to govern the quality of writing of construction specifications.     

No-Damages-for-Delay Clause: Evaluating Contract Delay Risk

In recent years, there have been a number of construction disputes involving no-damages-for-delay clauses in construction contracts. This paper reviews the legal aspects of the no-damages-for-delay clause and presents in an easy-to-use flowchart the issues that need to be addressed to resolve disputes involving the no-damages-for-delay clause. Analysis shows that the clause presents a formidable obstacle for contractors to overcome if monetary damages are to be recovered. The contractor in most instances needs to show that the owner or the owner’s agent caused active hindrance or the owner demonstrated bad faith toward the contractor. The language of the clause is critical to determining the risk it conveys to the contractor. Examples of minimal, intermediate, and maximum risk language are given.     

Evolution of Statutory Adjudication as a Form of Dispute Resolution in the U.K. Construction Industry

This paper reports on the rapid growth in the use of this form of dispute resolution and its apparent decline. It considers how this novel form of dispute resolution has changed in nature from its original limited role of providing a speedy and inexpensive process of resolving disputes so that cash could flow in the industry and be of help primarily to those in the lower reaches of the subcontracting chain into a highly developed legal process which has increasingly been utilized for large and contractually complex disputes. Statutory adjudication is still used extensively in the U.K. construction industry as the method of choice to resolve disputes, many of which would previously have gone to court or to arbitration. Data for this study were provided by the Adjudication Reporting Center at Glasgow Caledonian University.     

Disputes and Dispute Resolution Systems in Sino-Foreign Joint Venture Construction Projects in China

There has been a sharp increase in the number of Sino-Foreign Joint Venture (SFJV) construction projects in the People’s Republic of China since the 1990s. Despite the Chinese Government’s new measures for boosting foreign involvements, entering into the construction market remains problematic for many foreign contractors. One of the problems concerns construction disputes. In light of this, this paper reports a study on disputes and dispute resolution systems in SFJVs. A questionnaire survey of 41 practitioners in the field was carried out. The main purpose was to identify the most common sources of disputes and the most commonly used dispute resolution methods in SFJVs. Results show that the sources of construction disputes can be classified into three categories: contractual, cultural, and legal matters. The most commonly used dispute resolution methods are mediation and arbitration. These findings will give both Chinese and foreign contractors invaluable insights into disputes and dispute resolution systems in SFJV projects.