Factors affecting clients' project dispute resolution satisfaction in Hong Kong

The use of project dispute resolution satisfaction (DRS) as a project success measurement responds to the increasing concern over the spread of the dispute epidemic within the construction industry in Hong Kong. The DRS of a project is considered as favourable where disputes are resolved within the site level. With the use of 48 project data sets and the technique of multivariate discriminant analysis, a discriminant model function was derived to classify projects into favourable DRS and adverse DRS. The multivariate discriminant analysis model function identified eight discriminating variables, among which the degree of design changes offered the highest separation power. The reliability of the discrminating variables was reinforced by a separate relative importance index study. Through the use of principal component factor analysis, these variables were grouped into three factors generically described as substantive influence, facilitation and indirect influence.     

Performance Bonds and Guarantees: Construction Owners and Professionals Beware

Performance bonds and guarantees have been the subject of considerable litigation in recent years in not only the United Kingdom but also some other common law jurisdictions. The aim of the research reported in this paper is to identify the issues most commonly in dispute and the legal principles governing their resolution. Possession of knowledge of the issues and principle should alert the construction and engineering industries and their legal advisers to the matters that need serious attention in the drafting and negotiation of these instruments. Clarity in the legal principles should also contribute to a reduction in litigation. The issues identified include: (1) Whether an instrument is a conditional or an on-demand bond; (2) the effect of failure on the part of the beneficiary to give notices; (3) availability of an injunction to restrain the surety from paying after a call has been made by the beneficiary; (4) availability of an injunction to restrain a beneficiary from receiving payment after a demand has been made; (5) availability of an injunction to restrain a beneficiary from making claim; (6) availability of a Mareva injunction to freeze the fruits of a call; (7) meanings of certain phrases used in the instruments; and (8) a duty to account for proceeds of a call. The principles governing their resolution were also identified. Particular attention must be paid to (1) any ambiguity whether a surety is liable is always construed in the surety's favor; and (2) prejudicial conduct by the beneficiary releases the surety unless the instrument provides expressly to the contrary.     

Management information flow in construction companies

The construction industry has been increasingly recognizing the need for more effective exchange of information between project participants. Not only have the manual systems failed to satisfy this need but the computer packages which have sprung up have also not allowed adequately for such communication. Integration of project information can optimize the operations of the industry as they exist currently. An even more promising but less immediate benefit of such integration is that it will form the necessary foundation for tools that advanced technology has the potential to produce. Such tools include simulation systems, knowledge-based systems and robotics which are very much in their infancy. A necessary step towards achieving the desired integration is to map out the characteristics of the flow of the information. This article analyses the flow of information among the management functions of the construction contractor.     

Selection of pfcrt K76 and pfmdr1 N86 Coding Alleles after Uncomplicated Malaria Treatment by Artemether-Lumefantrine in Mali

Background: Artemether-lumefantrine is a highly effective artemisinin-based combination therapy that was adopted in Mali as first-line treatment for uncomplicated Plasmodium falciparum malaria. This study was designed to measure the efficacy of artemether-lumefantrine and to assess the selection of the P. falciparum chloroquine resistance transporter (pfcrt) and P. falciparum multi-drug resistance 1 (pfmdr1) genotypes that have been associated with drug resistance. Methods: A 28-day follow-up efficacy trial of artemether-lumefantrine was conducted in patients aged 6 months and older suffering from uncomplicated falciparum malaria in four different Malian areas during the 2009 malaria transmission season. The polymorphic genetic markers MSP2, MSP1, and Ca1 were used to distinguish between recrudescence and reinfection. Reinfection and recrudescence were then grouped as recurrent infections and analyzed together by PCR-restriction fragment length polymorphism (RFLP) to identify candidate markers for artemether-lumefantrine tolerance in the P. falciparum chloroquine resistance transporter (pfcrt) gene and the P. falciparum multi-drug resistance 1 (pfmdr1) gene. Results: Clinical outcomes in 326 patients (96.7%) were analyzed and the 28-day uncorrected adequate clinical and parasitological response (ACPR) rate was 73.9%. The total PCR-corrected 28-day ACPR was 97.2%. The pfcrt 76T and pfmdr1 86Y population prevalence decreased from 49.3% and 11.0% at baseline (n = 337) to 38.8% and 0% in patients with recurrent infection (n = 85); p = 0.001), respectively. Conclusion: Parasite populations exposed to artemether-lumefantrine in this study were selected toward chloroquine-sensitivity and showed a promising trend that may warrant future targeted reintroduction of chloroquine or/and amodiaquine.     

Anti-proliferative effect of curcumin on melanoma cells is mediated by PDE1A inhibition that regulates the epigenetic integrator UHRF1

Scope: Curcumin inhibits proliferation of many cancer cells. Cyclic nucleotide phosphodiesterases (PDEs), by hydrolyzing intracellular cyclic adenosine‐3′,5′‐monophosphate (cAMP) and/or cyclic guanosine‐3′,5′‐monophosphate (cGMP), play a pivotal role in signalling pathways involved in cell proliferation. Therefore, this study investigated PDE1–5 participations in the anti‐proliferative properties of curcumin in B16F10 murine melanoma cells. Methods and results: We report that curcumin inhibits PDE1–5 activities (IC₅₀?10^?5 M), indicating that curcumin acts as a non‐selective PDE inhibitor. In melanoma cells, PDE4 and PDE1 represent the major cAMP‐PDEs and cGMP‐PDEs activities, respectively. Curcumin treatment decreased PDE1 and PDE4 activities and dose dependently increased intracellular cGMP levels, whereas cAMP levels were unchanged. Curcumin inhibited cell proliferation and cell cycle progression by accumulating cells in the S‐ and G2/M‐phases with enhanced expressions of cyclin‐dependent kinase inhibitors. In contrast, expressions of PDE1A, cyclin A and the epigenetic integrator ubiquitin‐like containing PHD and Ring Finger domains 1 (UHRF1) and DNA methyltransferase 1 (DNMT1) were decreased by curcumin. Interestingly, PDE1A overexpression increased UHRF1 and DNMT1 expressions and rescued the B16F10 cells from curcumin anti‐proliferative effects. Nimodipine, a PDE1 inhibitor, mimicked the curcumin effects. Conclusion : Curcumin exerts its anti‐cancer property by targeting PDE1 that inhibits melanoma cell proliferation via UHRF1, DNMT1, cyclin A, p21 and p27 regulations. This suggests that natural PDE1 inhibitors present in food might be effective in preventing cancer.     

Insolvency and resolution of construction contract disputes by adjudication in the UK construction industry

The Housing Grants, Construction and Regeneration Act 1996 provides that a party to a construction contract has a right, at any time, to refer any dispute under the contract for adjudication. This resolution method requires a neutral third party, the adjudicator, to determine the dispute within 28 days after receipt of the referral regardless of the complexity of the issues in dispute. The decision is to be implemented even if it is palpably wrong in fact or law. A key assumption of this legislation is that any mistakes made by an adjudicator can be corrected by reference of the same to litigation or arbitration. It is a major concern that restoration of the parties to their correct positions may become impossible where, after implementation of an adjudicator's mistaken decision, the beneficiary of the decision becomes insolvent. This article is a critical review of all the cases in which the courts have dealt with the effect of insolvency on the right to adjudicate and the enforceability of adjudicators' decisions. Two main conclusions are derived from the review. First, the court may decline to enforce an adjudicator's payment decision where there is strong evidence that, on account of formal insolvency, the payee would be unable to make repayment if final resolution of the dispute necessitates it. Second, the only exception so far to the general right to refer to adjudication arises where the other party is in administration.     

Variations on construction projects: A review of empirical studies

Variations are a major source of delay and disruption on construction sites and this first-stage research gives an indication of the work yet to be done.     

Delay Analysis within Construction Contracting Organizations

Delayed completion of a construction project is often caused by a complex interaction of a combination of events, some of which are the contractor’s risks and others are the project owner’s. The apportionment of the liability to give effect to the risk allocation has therefore been a matter of great controversy. Many delay analysis methodologies have been developed over the years for performing this task. This paper reports on an empirical study into the current practice in the use of these methodologies in the United Kingdom, as part of a wider study aimed at developing a framework for improving delay claims analysis. The part of the study reported here was based on a questionnaire survey of key informants. The issues investigated include the categories of staff within contracting organizations who contribute to delay claims analyses, the awareness, use and reliability of existing delay analysis methods and the obstacles to their use in practice. The main findings of the study are that: (1) the preparation of delay claims often requires input from commercial managers (quantity surveyors), schedulers, site managers, external claim consultants and estimators; (2) commercial managers have the greatest involvement; (3) claims analyzed using the as-built versus as-planned and the impacted as-planned techniques are often successful although there is considerable literature on the shortcomings of these techniques; and (4) the main obstacles to the use of the methods relates to deficiencies in project records and scheduling practice.     

Role of simulation in construction management

Key applications are identified by the authors which include decision support systems for managing real life construction firms and projects as well as tools and devices for teaching theoretical concepts in construction management, training and team building.