Interlocutory Injunctions in Construction Cases in Hong Kong: Revisiting American Cyanamid Principles

Interlocutory injunctions in construction litigation cases are not uncommon, in particular, in construction nuisance cases. Despite its importance, there are only a few written materials dealing with this topic. With the public increasingly aware of their legal rights, it is anticipated that the number of interlocutory injunction applications will remain high in the foreseeable future. It is now timely and a worthwhile exercise to revisit those principles governing the courts’ discretion in granting and rejecting interlocutory injunctions. This paper discusses those factors that are relevant in exercising that discretion and how they should be assessed. It also examines the principles established by Lord Diplock in the landmark case “American Cyanamid,” i.e., how this case influenced judgments in recent Hong Kong construction cases. The paper concludes by summarizing the overriding principles in interlocutory injunction applications.     

Modeling the Effect of Subjective Factors on Productivity of Trenchless Technology Application to Buried Infrastructure Systems

Trenchless technology (TT) includes a large family of methods utilized for installing and rehabilitating underground utility systems with minimal surface disruption and destruction resulting from conventional excavation. Productivity of TT techniques is affected by a number of subjective factors that need to be evaluated. A productivity index (PI) model is developed in order to represent this subjective effect in refining productivity assessment. The analytic hierarchy process and fuzzy logic are used to develop the proposed PI model that relies on the actual performance of 12 subfactors under three main categories: management, environmental, and physical conditions. The developed PI model resulted in PI equal to 0.7323 and 0.7251 for microtunneling and horizontal directional drilling (HDD) projects, respectively. Multiattribute decision support system software is developed to determine the PI for a specific TT technique using Visual Basic. The PI model is tested, which shows reasonable results. This research is relevant to both industry practitioners and researchers. It provides practitioners with a model that justifies their productivity calculation by quantifying subjective factors effect, which will affect their schedule and cost estimation for trenchless projects. In addition, it provides researchers with the development methodology for the PI model.     

Fuzzy Numbers in Cost Range Estimating

Range estimating is a simple form of simulating a project estimate by breaking the project into work packages and approximating the variables in each package using statistical distributions. This paper explores an alternate approach to range estimating that is grounded in fuzzy set theory. The approach addresses two shortcomings of Monte Carlo simulation. The first is related to the analytical difficulty associated with fitting statistical distributions to subjective data, and the second relates to the required number of simulation runs to establish a meaningful estimate of a given parameter at the end of the simulation. For applications in cost estimating, the paper demonstrates that comparable results to Monte Carlo simulation can be achieved using the fuzzy set theory approach. It presents a methodology for extracting fuzzy numbers from experts and processing the information in fuzzy range estimating analysis. It is of relevance to industry and practitioners as it provides an approach to range estimating that more closely resembles the way in which experts express themselves, making it practically easy to apply an approach.     

Lean Management Model for Construction of High-Rise Apartment Buildings

Execution of the finishing works in high-rise apartment buildings is made complex by the need to customize apartments to the varying requirements and designs of individual clients. The conventional construction planning practice of progressing upward from floor to floor breaks down in the face of the arbitrary sequence in which clients finalize their decisions. The results are long cycle times for delivery of completed apartments and corollary high levels of work in progress, budget and schedule overruns, and general dissatisfaction with the process on the part of the developer, contractor, subcontractors, and the clients. Application of lean construction principles to this problem has led to development of a management model that adopts pull scheduling, reduced batch sizes, and a degree of multiskilling. The main benefits expected are an enhanced ability to provide customized apartments, improved cash flow, and reduced apartment delivery cycle times. The model was first formulated in theory, then tested using a management simulation game and computer simulation, and subsequently, developed for practical application. This paper presents an analysis of conventional practice, the theoretical background to the lean approach, and the specific management changes proposed.     

Relating Cost Growth from the Initial Estimate to Design Fee for Transportation Projects

Intuitively, there should be a relationship between the size of the design fee for a transportation project and the quality of the resulting design. This study sought that relationship by looking at the fee expressed as a percentage of the construction cost and the final construction cost growth from the engineer’s initial estimate of the construction cost at the time the design contract was awarded. The research team analyzed 31 projects from the Oklahoma Turnpike Authority with a total construction value of $90 million. The projects were divided into road and bridge projects. Based on the results of the analysis, it seems that as the design fee decreases, the absolute percentage of construction cost growth from the engineer’s early estimate increases. The relationship is strongest for bridge projects, which tend to be more technically complex to design than roadway projects. This confirms for U.S. projects the result of an earlier study in Saudi Arabia. This paper concludes that the design fee should be viewed as an investment at a point in time where the ability to impact the project is the highest and can accrue the benefit of reduced cost growth.     

Using Digital Socialization to Support Geographically Dispersed AEC Project Teams

In the field of knowledge management research, socialization means to convert individual into group tacit knowledge. This process matters from the outset of an architecture, engineering, and construction (AEC) project to enhance collaborative work. Face-to-face meetings and phone calls undoubtedly facilitate socialization. However, meetings can be hard to timetable and expensive when AEC teams are geographically dispersed, whereas phone calls are cheap but offer limited capabilities for problem solving. Further, both media are not good at supporting asynchronous socialization. This study investigates the extent Internet-based media can promote cross-firm socialization and enhance collaborative work. The cross fertilization of findings from an exploratory case study with theory in computer-supported collaborative work (CSCW) informs the development of a conceptual framework on digital socialization. This framework underpins IDRAK—a proof-of-concept of a rich Internet application prototype to promote socialization in AEC projects. Our main contribution is the design of a novel methodology to evaluate the usability of digital systems to support socialization at the early design stage of an AEC project. The results from our lab experiments suggest that IDRAK can satisfactorily and efficiently enhance collaborative work. However, more research is needed, first, to evaluate the effectiveness of IDRAK to improve design quality and asynchronous socialization; and second, to investigate how other CSCW features can improve the performance of IDRAK-like systems.     

Implementation of Quality Criteria in Tendering and Regulating Infrastructure Management Contracts

In recent years, several public authorities have been making advances in developing bidding terms for contracts regulating the management of infrastructure. Up to now these bidding terms have focused on granting the contract to the bidder who, having agreed to comply with the requirement of a specified level of quality, as stipulated in the contract, submits the lowest tender in terms of price. As a result, the experience of implementing quality-related incentives for the management of infrastructure has been scarce. This paper demonstrates that, if infrastructure quality is verifiable and the social benefit derived from it is measurable, there is a better way both to tender and to regulate those contracts, based on a combination of price and quality standards. In addition, the paper proposes a new procurement procedure to encourage bidders to provide better quality levels. The last part of the paper provides a practical example of how to calculate a quality index for contracts regulating the management of infrastructure. The paper ends with a set of conclusions related to the advantages of the new tendering mechanism and its possible application.     

Empirical Investigation into Factors Affecting Exporting Construction Services in SMEs in Singapore

The Singapore government is encouraging construction enterprises to venture abroad for exporting their services and become global players since the local construction pie is shrinking and the global market is growing. The Building and Construction Authority of Singapore has revamped the contractors registration system with the hope of bringing about merger and acquisition of companies for improving the local contractors’ standing in the global construction scene. To diversify into new markets in a new environment, which is very different from local environment, requires diversification vis-à-vis exporting strategy. This study examines the attitudes and views of contractors, operating in Singapore (excluding foreign contractors), on how the strategic move should be focused for diversification vis-à-vis exporting services. The aim of this study is to establish the survival skills necessary for Singapore’s construction small and medium sized enterprises (SMEs) to venture abroad. A postal questionnaire survey was conducted and the results show that local construction SMEs who have diversified have reaped the benefits derived from diversification into new markets abroad. The main conclusions are that construction SMEs have to export their services in order to survive and they can enhance their export capabilities by forming a consortium with the help of local government.     

Fifty Years of Progress in Construction Engineering Research

This paper provides insight into how and why construction has developed as a research based discipline over the past 50 years. The writer presents anecdotal information about certain critical events which played a role in shaping the thrust of construction research in the United States. The acceptance of construction engineering and management as a university level program and discipline is strongly tied to research and the publication of scholarly work.     

Improving the Professional Engineering Licensure Process for Construction Engineers

Professional engineering licensure is important in the career development of engineers who undertake work critical to protecting public health, safety, and welfare. The knowledge and experience of construction engineers has not previously been well represented in professional engineering licensure evaluation. The ASCE-CI Construction Engineering Education Committee identified recognition of construction engineering in the professional engineering licensure process as one of its missions when it was organized in 1995. With the support of the states and the receptiveness of the National Council of Examiners for Engineering and Surveying (NCEES), improvements were gradually achieved in recognition of construction engineering experience by changes in NCEES Model Rules. In 2003, the NCEES Board decided to evaluate modification of the Civil Engineering PE exam to include a Construction Engineering module. The evaluation included a Professional Activities and Knowledge Study (PAKS) of the skills appropriate for construction engineers. Following approval of the NCEES Board in 2005, exam development has been underway with implementation planned for April 2008. An additional benefit of the PAKS is the improved understanding of knowledge needed by construction engineers in completing their work activities. These results should be valuable to construction engineering education and industry in identifying critical subject matter for inclusion in courses, curriculums, and continuing education.