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Proceedings of the ICE - Management, Procurement and Law
Management, Procurement and Law publishes papers on all aspects of the management, procurement and legal aspects of running construction projects.
Topics covered: procurement strategies and contractual arrangements, managing the planning and design processes, and managing the construction phase. Particular emphasis is placed on issues such as quality, value, risk, environment and safety. Management papers cover areas relevant to the management of construction businesses, such as information technology, knowledge management, introduction of new practices and procedures, relationship management and staff recruitment, development and training.
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as soon as they are ready to be published. Ahead of print articles are fully
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Author:
Ron Wakefield
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Author:
Kay A. L. Johnson
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The overall project process and basic project requirements are outlined and a range of reasons are suggested as to why projects underperform. Some of the difficulties of establishing priorities are discussed in the context of achieving best value rather than simply low cost. The results from some recent research into current design practice in the built environment and how designers are educated and trained are summarised. This brief paper limits discussion to those areas that are considered to have the potential to deliver the greatest returns particularly in combination. They are the role of clients and their advisors, the education and continuing training of professional designers, improving understanding of the design process by all stakeholders, and the application of information and communications technology to establish a project platform for the communication of strategy, objectives and information. These lead to the focus on design as a fundamental driver in delivering best value and hence the importance of managing design. Various concepts and processes are proposed, together with a range of methods and techniques that can be applied depending on the type, scale and nature of the project.
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Authors:
Fidelis A. Emuze;
John J. Smallwood
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The purpose of the investigation was to examine issues pertaining to poor project performance by identifying non-value-adding activities and their causes in South African construction. The assessment was undertaken through a quantitative survey conducted among public sector clients, consulting engineers, and general contractors involved in civil engineering projects in South Africa. Selected findings were that the respondents perceive that non-value-adding activities such as inadequate supervision and waiting for critical tasks to be completed contributed significantly to poor project performance in South Africa. In addition, the respondents were of the opinion that factors contributing to non-value-adding activities in South Africa include lack of appropriately skilled workers, repetitive revisions and changes, and delay in design approval. Although the findings are based on the perceptions of stakeholders in the South African infrastructure sector only, the discourse supports the argument that it is imperative to limit/eliminate non-value-adding activities in the construction process in order to engender improvement in project performance in the sector.
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Author:
Issaka Ndekugri
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Consulting engineers now run the risk of a criminal conviction under the UK Corporate Manslaughter and Corporate Homicide Act 2007. Surviving the financial impact and inevitable reputational damage from a corporate manslaughter conviction would be a huge challenge to most consulting engineers. Unfortunately, there is a dearth of literature that imparts knowledge and understanding of this risk. As a contribution to the necessary remedial action, this paper applies legal analysis and research methods to the Act, case law and construction industry practice. It assesses the likely impact of the Act on the consulting engineer with respect to five preconditions of a corporate manslaughter conviction: (a) the organisation charged with it is one to which the legislation applies; (b) the organisation owed the victim a ‘relevant duty of care’; (c) the way in which the activities were managed or organised amounts to a ‘gross breach’ of that duty of care; (d) the way in which the organisation’s activities were managed or organised caused the death of the victim; and (e) ‘the way in which the organisation’s activities were managed or organised by its senior management was a substantial element’ in the gross breach of duty.
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Author:
Andrew Agapiou
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This paper aims to fill a gap in the literature by exploring the construction professionals’ interaction with adjudication at a key stage in its evolution based on a focus group analysis of industry experiences. The research aims to provide a richer understanding of the professional’s interaction with the adjudication process more generally, as well providing detailed insights into the issues that different professional groupings have experienced with the process, more specifically. At first glance, the conclusions of the research offer few surprises, confirming the importance of financial aspects of the process, the timescales involved, the quality of adjudication professionals and the role of legal practitioners in adjudication. A closer examination of the focus group analysis, however, suggests that the loss of confidence in the process is attributable to a myriad of interrelated factors linking professional reputation with understanding of commercial realities and business relationships, lawyer–client power imbalances and dispute tactics, the role of lawyers with dispute complexity, parliamentary intentions and the timescale of the process. Although, it is recognised that on-going changes to adjudication will add more uncertainties into the context, the findings of this study will act as a springboard from which further research will be conducted.
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Authors:
Adel Francis;
Jacques Bibai;
Edmond Miresco
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Since the late 1950s, researchers have studied the soft logic of scheduling, in particular the precedence constraint between activities used to compute the critical path. However, by proposing only external constraints and simulating work production through lags, the precedence logic lacks precision. These gaps diminish the reliability of the schedule and impair the internal monitoring of activity interdependencies. Chronographic logic addresses such limitations by introducing the internal division and proposing internal monitoring as a function of production. This paper proposes the concept of probabilistic production-based dynamic functions which would replace internal divisions with a mathematical function that permits the tracking of the dynamic interdependencies between two in-progress activities. A case study compares the overall schedule calculation using traditional precedence logic with the dynamic production-based function. This simulation was designed to investigate the overall impact on the critical path and the criticality of each activity. The result is a new method of implementing scheduling logic that takes into account the impact of the internal changes of workload and allows the use of internal margins. These self-adaptations provide a better simulation of construction-site conditions which help to produce more realistic results.
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Authors:
John Corcoran;
Denis Gedge
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Authors:
Patrick Manu;
Nii Ankrah;
David Proverbs;
Subashini Suresh;
Robert Leslie Ibell
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Author:
Barry Manie
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Author:
Nigel J. Smith
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Authors:
Brian H. Spottiswoode;
D. C. Robin MacKellar
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The technical review of civil engineering projects by independent experts has been performed in South Africa on an ad hoc basis for many years. The scope of an independent review was generally limited to particular elements of the project in which the implementing authority (or the designer) considered that a review would be advisable. Later, with funding agencies such as the Development Bank of Southern Africa (DBSA) becoming involved in the financing of infrastructure development, such as roads or water supply projects, individuals were routinely appointed to act as independent reviewers of the main technical aspects, during both the design and construction phases. It would be natural that, as the size, complexity, and cost of projects have increased, the practice would have become more widespread, but in recent years it is only for large bulk water storage and delivery projects that independent technical review panels have been mobilised. This paper discusses the history and current practice of independent technical review in South Africa, the structure of the panels, extent of their involvement in projects, their relationship with project teams, and finally their perceived effect and benefit to the project. In the view of client bodies, the benefits that have accrued from the use of technical review panels have justified their cost.
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Author:
Richard Patterson
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Authors:
Barry Clarke;
Jon Prichard
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Most engineers start their career by completing an accredited degree. The accreditation process is an internationally recognised fully audited process that ensures that the learning outcomes of an accredited engineering degree meet the needs of industry. The process is managed by the professional institutions under licence from the Engineering Council. Employers are engaged in setting the learning outcomes and in the auditing process; academics are involved in designing the programmes and in the auditing process; and students are provided with a clear route to achieve the educational base necessary to become a professional engineer. There are a number of accredited routes to complete the educational base including higher education, workplace education or a combination of both.
Most viewed this month in this journal:
- Improving decision-making for major urban rail projects
Author(s): Roger James Allport
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- This paper considers how ‘metros’ – projects that carry a mass ridership rapidly should be developed to deliver predictable success. These projects are particularly important because large cities that are not poor often turn to metros as the centre-piece of their sustainable development and because of their high opportunity cost. Yet often they do not deliver success and then confidence is undermined. The author, having spent his career developing metro projects in Singapore, Bangkok, Manila, Kuala Lumpur, Jakarta, Bogotá, Lahore, Budapest, China, London and Nottingham, became convinced that this was a major problem. Research was undertaken to identify what could be done to improve things – not theoretically but practically. This paper summarises the findings of the author’s PhD thesis of the same title. The research was based on case studies of nine newly-opened metros in Asia and the UK. An understanding was developed that appeared to explain the causes of poor success. Practical approaches were developed and a change agenda formulated that could improve success. This agenda appears to provide a resource for effecting improvements that is richer and more comprehensive than previous approaches.
- A model to manage the water industry supply chain effectively
Author(s): Neil MacKenzie;
Barry Tuckwood
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- The water industry is capital intensive and dependent on complex supply networks in the delivery of service characteristics, making procurement a critical activity. This paper rejects ‘the lowest bid’ form of procurement of the past and advocates the total cost and strategic relationship management procurement of the future. The authors develop arguments for more effective procurement leading to real cost reduction and service enhancement on a sustainable basis. This requires a range of strategic activities from the approach to the acquisition of major capital goods and associated services through to the management of relationships with contractors, suppliers and supply chains. The paper considers the differing procurement practices in Europe, Australia and the USA, and how, in comparison, equivalent practices result in higher costs in the UK than elsewhere. From this they propose a model for best practice procurement in the utilities industries and a step-by-step set of actions for improving performance. The proposed model begins with a strategic appraisal of procurement activity across an organisation focusing on overall objectives and desired outcomes leading to an effective operating model including the end-to-end management of the supply chain and the policy, resources and enabling technology required for successful delivery.
- ‘New Water Architecture’: an integrated water management model
Author(s): Michael Norton;
Alexander Lane
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- An integrated framework for the management of water in England and Wales is proposed that optimises the organisation of service infrastructure, customers and stakeholders to derive optimal social, economic and environmental health. ‘New Water Architecture’ recognises the intrinsic links between water stakeholders, and between water and other essential resources, particularly food, energy and biodiversity. A systems-based approach strengthens integration of physical infrastructure, controlling institutions, and the overarching society consensus. Consideration is also given to future pressures with resilience to climate change strengthened by initiatives that slow water passage across the landscape. Implementation of the framework requires coordinated water policy across traditionally discrete resource sectors. This need is investigated alongside specific initiatives related to system management, abstraction licensing and pricing. Capital investment should be targeted towards ‘low-regret’ infrastructure argued to be high flow storage, aquifer storage and recovery, sustainable drainage systems and water transfers. These examples deliver multiple benefits and can be further optimised if existing networks, particularly inland waterways, are revitalised to enable regional integration of water sources.
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- The water funding gap in Ireland
Author(s): Kevin Murray
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- The delivery of public water services in Ireland has faced a funding gap in recent years, primarily through the impact of the economic crisis but also through the impact of the pricing policy on the various stakeholders. This funding gap has left the customer without a sense of ownership and responsibility; the supply chain vulnerable to investment troughs; an underdeveloped regulatory environment; and a fragmented array of water service local authorities. The arrival of the EU/IMF bailout mechanism for Ireland in November 2010 provides the context for a new funding model for Ireland that better meets the challenges of a national water service in the twenty-first century. However, this demands that the lessons are learnt from the existing model and that the new funding mechanisms do not build in costs through the adoption of expedient policies – a lesson with international relevance. The new funding model also provides an opportunity to address the intrinsic value of water through the adoption of realistic abstraction charges to fund catchment management and natural water environment.
- Integrating human rights into water governance
Author(s): Hilary J. Grimes
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- Frequent talk of a ‘water crisis’ has prompted the water resources sector to move its focus away from improving the physical infrastructure in developing countries and towards the strengthening of water governance, in the belief that the ‘crisis’ is one of governance rather than simply the physical scarcity of water. Although this is still the case with regard to domestic water supply, water scarcity is now also a matter of concern in many developing countries in terms of food production. This paper argues that many water governance reforms have focused on the process of governance itself, without adequate definition of the end goal of the reforms or the responsibilities that governments have towards their people when facing water scarcity. The paper discusses how human rights concepts can be used to define clear end goals for water governance reforms and presents a framework using positive aspects from both water governance and human rights. After discussing the application of the framework to a case study, the paper concludes that such a framework can assist governments in planning, implementing and monitoring the measures necessary to address the critical issues that affect their communities’ access to water for essential uses.
- Polycentric governance: water management in South Africa
Author(s): Mike Muller
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- Water resource management is poorly understood and defined since the characteristics of water resources and their use are locally specific and differ widely from place to place. Beyond that, water as a renewable natural resource does not fall into conventional analytical paradigms. It is an input to many economic activities but also an integral part of the natural environment with important social and cultural dimensions. It has proven difficult to provide an analytical definition of the resource, for legal and management purposes. Recent economic literature, notably the writings of Professor Elinor Ostrom, offer a helpful framework. Her suggestion that water resources should be seen as a ‘common-pool resource’, best managed under ‘common-property regimes’ in ‘polycentric governance systems’ is helpful, if apparently abstract. The reform of South African water law and management arrangements since 1994 illustrates many of the underlying issues and provides a practical example of Ostrom’s approach. The challenges of implementation highlight the importance of understanding the analytical concepts in their full context as failure to do so can undermine their usefulness and effectiveness as practical management tools. South Africa’s implementation experience reinforces Ostrom’s warnings against seeking single optimal solutions for the complex challenge of water resource management.
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