JP Phentar case presents a complex construction initiative that presupposes a plethora of various nuances. Due to the unique nature of the project, there is a need for the establishment of an effective managerial framework. In this paper, the most effective information-gathering and analytic tools will be chosen and discussed in relation to JP Phentars case.
Project Activities for Monitoring
The complexity of the project is based on several factors that dictate the choice of tools for their management and monitoring. One of the most crucial aspects of the construction project is the quality of work. In this case, it could be logical to assume that Peter is an expert in construction projects and saw a multitude of similar works being done. Therefore, with a high degree of certainty, he possesses the required knowledge to define quality. However, the technical details that might be elusive to all but highly specialized professionals would likely require a tailored managerial approach.
Another issue that requires control is the timing. As mentioned before, the project is rather complex, and delays that might arise due to construction issues could offset the deadlines. Another problem could concern the rising costs of construction. The project could take many months to complete, and the prices for materials may change. Therefore, the estimation needs to be managed with the utmost care.
In addition to that, the Phentars house project presents a combination of different jobs ranging from design to construction and furnishing, which presupposes a range of different contractor firms whose schedules and the task might overlap and offset one another (Wilson, 2014). Thus, this complex house project requires effective information-gathering and analytical tools.
Information-Gathering Tools
Team meetings are one of the most widespread and popular managerial tools for gathering information about the project. The essence of this method is in assigning specific dates on which teams that are responsible for assigned tasks gather and present information about the results of their activities (Marchewka, 2014).
The tool is rather versatile and can be fine-tuned for every project that involves teamwork. Weekly team meetings are a two-way process that helps managers receive relevant information but also allows them to correct the work of the team. The internal meeting presupposes that only the individuals and groups that are actively involved in construction attend them, although the client may also appear and participate.
Customer meetings are another tool that could be used in this project. They are designed to inform the client of the projects key deliverables, while the contractor company or any party responsible for the task may organize their workflow as they see fit (Marchewka, 2014). The third information-gathering approach involves using written forms of communication such as templated reports. It surmises the absence of frequent meetings while all information is created, gathered, and distributed either manually on paper or digitally. Such an approach allows greater time saving and minimizes information losses.
In the framework of this project, it would be possible to hypothesize that the use of all three methods could be valid. Each of the methods has its strong sides and disadvantages, and it could be wise to combine them in order to tackle the variety of tasks for which they could be suitable (Marchewka, 2014). More abstract issues such as budget and schedule, it might be reasonable to utilize team meetings followed by customer meetings. As these issues presuppose discussion, these managerial approaches could be most useful. In relation to more concrete and quantifiable issues such as the construction of different parts of the house, the reports can be more effective.
Analytical Tools
In terms of analytics, one of the most popular tools for project management is a multi-criteria decision-making tool called PROMETHEE. This method, according to Dziadosz, and Rejment (2015), allows managers to assess multiple parameters of a construction project and assign and calculate numeric coefficient values to them. This paradigm appears to be a near-perfect solution for projects that assume a variety of works and associated risks.
This method is rather flexible and provides an opportunity to implement it in combination with other tools. Among other tools, there is a project in controlled environments (PRINCE2) management method. It incorporates assigning qualitative and quantitative values to different risks in order to deductively measure and assess them (Dziadosz & Rejment, 2015). Its strengths imply highly understandable structure and visual attractiveness.
For the benefit of Peters current project, it could be reasonable to employ these two approaches in combination. The PROMETHEE tool is grounded in statistics and calculation, which allows precision in planning and acting. In complex projects with a plethora of nuances, an application of such an approach could become invaluable in order to economize on corrections. However, the usage of this tool alone could be detrimental as the client may not be as proficient in understanding complex analytic formulas. Therefore, for client meetings where managers and contractors will accept his wishes and corrections, it could be better to use a more understandable and straightforward model such as PRINCE2.
Corrective Actions
Should there arise a necessity in making corrections as the construction of the house progresses, the above-mentioned models could accommodate any number of them. The management and monitoring system built on the basis of team meetings, client meetings, reports, and the two analytical tools is rather flexible and welcomes adjustments. In the framework of this project, there appear to be two levels of management: inner and outer.
On the inner level, managers gather information and deliver it to the workers through reports and team meetings. Here the corrective actions are possible at a larger frequency due to the weekly design. Analytical actions are based on the received data and can be formed into trends compared with project deliverables. This information is communicated to the customer at regular intervals, and he may make adjustments. By varying the frequency of meetings, the customer and managers may determine the scale of corrections possible (Marchewka, 2014). More numerous meetings allow for a larger number of small corrections, while rare ones may produce large-scale adjustments.
Conclusion
The project of the JP Phentar is an exceptional endeavor that requires finesse in management and monitoring. Even the slightest errors in designing and choosing the tools for these tasks could undermine the success of the whole project. Therefore, there is a need for multi-aspect and interprofessional collaboration. The combination of team, customer meetings, and reports would tackle the objective of gathering information.
The benefit here would be in versatility and time economy due to controlling each construction nuance with a suitable tool. Analytical tasks could be divided into inner and outer ones, with the former serviced by PROMETHEE and the latter by PRINCE2. In this manner, professional information could be better assessed and delivered to the client for him to make weighted decisions and corrections if necessary.
References
Dziadosz, A., & Rejment, M. (2015). Risk analysis in a construction project Chosen methods. Procedia Engineering, 122, 258-265.
Marchewka, J. T. (2014). Information technology project management (5th ed.). New York, NY: John Wiley & Sons.
Wilson, R. (2014). A comprehensive guide to project management schedule and cost control: Methods and models for managing the project lifecycle. Upper Saddle River, NJ: Pearson FT Press.
The number of employed females in the United States construction industry grew significantly by over eighty percent from 1985 to 2007 despite being lower for the most part. Nevertheless, due to a loss of more than two million construction employment opportunities from 2007 to 2010, there has been a sudden drop of working women in that sector (Lekchiri and Jesse 575). Since peaking in 2007, above three hundred thousand female employees left the industry in a span of three years.
Whereas women make up only nine percent of United States construction workers, the total number in 2010 exceeded eight hundred thousand. This included those in managerial, administrative, professional as well as production roles and positions (Lekchiri and Jesse 575). An estimate of two hundred thousand belonged in the production line, for example, plumbers, laborers or electricians. It is important that the main actors in the sector understand that gender equality can help reduce the issue of shortage of skill that exists in that field. This paper argues that despite the construction industry being a male dominated field for a long time and suffering from skill shortage as a result, it is currently accommodating more women now than before.
Discussion
Construction Industry as Male Dominated Field
The construction sector is a male dominated area and the issue presents a great challenge for equal chances for females. For instance, in a country such as the United Kingdom, there is a very low participation rate for women. This is despite the sex composition of the labor force throughout the nation showing a substantial change in the last two decades (Lekchiri and Jesse 576). The workforce has witnessed a three percent and more than forty percent increase among male and female workers respectively. Based on the Construction Industry Training Board, the latter only consist of nine percent of the workforce. This shows that construction continues to be a most male dominated sector. A survey discovered that they are confronted by numerous hindrances, starting with issues in joining the profession and capturing top positions in the organizational hierarchies (Lekchiri and Jesse 580). Even though they now comprise more than half the British labor force and their number in construction training is overall increasing, they are still underrepresented.
Lack of females in the construction field has been an issue for worry for several years. Some of the studies conducted to investigate the matter have failed to pinpoint the factors that emerge against more women participating in the sector and specifically recruitment (Morello et al.). The industry is currently busier than it ever was or been for more than ten years. It is however encountering a problem of shortage of skill in craft as well as manual trades such as plumbing, bricklaying, and painting, and at the professional level, quantity surveying and estimating and engineering.
The issue concerning lack of females in the industry has become more prominent in recent times thereby attracting attention from even governments due to the possible shortage of skill the industry faces. Thus, some of them are examining the methods of empowering women into conventionally men dominated fields (Lekchiri and Jesse 584). Several programs have been started to better the current situation as well as raise awareness such as females working in the construction committees and as role models (Lekchiri and Jesse 590). Though investigators have focused on ways to improve womens participation in the workplace, the goal appears to solve the labor resources crisis and insufficiency in skill than to better equal chances for females. In spite of the number of recent recruitment programs, the sector has failed to show great progress in recruiting more females.
Women Changing the Face of the Construction Industry
Despite being a male dominated industry, women are changing the face of construction. From specialist supplier to main contractor boardrooms, women can be seen now at every level of what was conventionally a male-dominated sector. It was not long ago that employment opportunities were seen as strictly only for men (Naoum et al.). Nevertheless, thanks to a thorough overhaul of the image of the industry and numerous programs to challenge stereotypes, females currently account for twenty-nine percent of the labor. According to Women in Construction, the figure which is the highest it has ever been, is anticipated to continue rising further to close to fifty percent. This shows that construction firms have realized the diverse advantages of hiring women.
Numerous have established recruitment drives to empower females into the sector. Based on an online survey, near half of females now view their employers as supportive. Additionally, their number in top positions has grown from six percent to sixteen percent in a span of ten years from 2011 (Naoum et al. 04019042). Nevertheless, in spite of the changing attitudes, the industry is under great pressure to build other three hundred thousand homes annually so that they keep up with the growth in population (Naoum et al. 04019042). This means that one more million workers are thus required to cater to the demand and up to fifty percent of the new workforce could possibly be females. Construction organizations have been introducing programs to empower more women at every level but multiple campaigns have as well aided in boosting numbers.
The different government and business-led initiatives have assisted in increasing the number of females in construction but so have leading figures who shared a history of their professional journeys. Nicole Dosso is one such individual and in 2006, she was honored by the United States National Association of Professional Women in Construction for her exceptional contribution towards rebuilding the site (Lekchiri and Jesse 591). Another notable female is Roma Agrawal who has worked in London before as a structural engineer (Lekchiri and Jesse 591). She notes that encouragement from her educators resulted in her desire to follow her career path.
She claims that it is essential for career advisers, teachers as well as role models show young females that they can excel in conventionally male dominated areas. In spite of the increasing number of role models at the senior positions in the industry, there is still insufficiency of women in other jobs. Females account for only two percent of the manual jobs, a portion that has only improved by one percent in a decade showing stereotypes still exist. Significant strides have been achieved in various construction areas but employers still need to guarantee the gender imbalance is being addressed at every level to bring equality.
How to Solve the Issue of Low Women Participation Using Ethos, Logos, and Pathos
Ethics in business is highly encouraged despite many companies and personnel engaging in unethical practices. Ethos, logos and pathos are Greek terminologies that explain the essence of ethics and which can help improve the issue of women participation in the construction sector (Lekchiri and Jesse 593). For instance, ethos which represents character prompts the top leaders in the sector particularly in the companies to possess and portray a character that embraces all genders in the workplace. Logos which means principle prompts them same individuals, who have the power to change the face of the industry further, to have guiding values that promote diversity. Lastly, pathos which stands for emotion ensures that gender equality and diversity is encouraged in the sector to prevent shortage of skill.
Conclusion
Construction is a male dominated area and the issue presents a great challenge for equal chances for females. For instance, the participation rate for women is very low. This is despite the sex composition of the labor force showing a substantial change in the last two decades. The workforce has witnessed a three percent and more than forty percent increase among male and female workers respectively. Based on the Construction Industry Training Board, the latter only consist of nine percent of the workforce. This includes those in managerial, administrative, professional as well as production roles and positions. This shows that construction continues to feature the male gender more than the other.
However, there has been growth experienced especially between 1985 and 2007. The trend has continued and it can be seen that women are changing the face of construction. From specialist supplier to main contractor boardrooms, women can be seen now at every level of what was conventionally a male-dominated sector. It was not long ago that employment opportunities were seen as strictly only for men. Nevertheless, thanks to a thorough overhaul of the image of the industry and numerous programs to challenge stereotypes, females currently account for twenty-nine percent of the labor. The paper also reveals that ethics in business should be highly encouraged. Employers in the industry should avoid discriminating against female candidates during recruitment as it is unethical and can lead to shortage of skill in the sector.
Naoum, Shamil George, et al. Gender in the Construction Industry: Literature Review and Comparative Survey of Mens And Womens Perceptions In UK Construction Consultancies. Journal of Management in Engineering, vol. 36, no. 2, 2020, pp. 04019042. Web.
Women in Construction Overview | Occupational Safety and Health Administration. Www.osha.gov, Web.
The refurbishment work will consist of a total repair of the whole house. The first step will involve removing the old roof and disposing it carefully before replacing it with a new one. The quality of the current roof has deteriorated as a result of being attacked by rust. The second task will be to replace some of the doors and windows that have grown extremely old and painting those that can be reused.
This task will also involve replacing the old and faulty locks. The third task will involve removing the existing tiles on the floor and replacing them with new ones. The contractor will also be required to replace the existing ceilings, which are also in a bad state. The fifth task the contractor will undertake is repairing the bathroom and kitchen. The last job will involve re-painting the walls, ceilings, roof, doors, windows, and other parts of the house, both from inside and outside.
The Risks Involved
There are a number of risks involved the refurbishment of the house especially when it is left in the hands of a contractor. The risks in this case include: the cost of the refurbishment, the quality of the work, the projects duration, the delays that could occur, the claims that could arise, and any other potential disputes that may crop up.
In most cases, the potential disputes are propagated by misallocation of risk during the refurbishment process. The contract risks have to be identified in time to avoid legal issues and any other misunderstandings between the owner of the house and the contractor.
The cost risks involved in the refurbishment involve the expenses that will be incurred in the purchase of new materials, which are supposed to be used in replacing the old ones. The risks relating to the quality of the job will be determined by the outcome of the refurbishment.
The risks concerning time, delays and any claims that may arise out of breaching the contract will be determined at the end of the whole refurbishment. If the contractor fails to allocate the risks well, any other disputes that may crop up later will be considered to have been caused by negligence on his part.
Allocating Risks in the Construction Contract
The risks in the construction contract will be allocated based on four principles: the ability of the contractor to carry out the refurbishment, the alignment of the objectives of the refurbishment, the allocation the risks according to the preferred goals of the owner, and the provision of risks based on the promotion of the relationship between the owner and the contractor.
According to the first principle, the contractor will be responsible for the evaluation, control, costs and benefits that will result from his assumptions. This type of allocation will reduce the overall price of the contract since the contractor will not have to include the possibility of financial losses within the contract.
The second principle will be used to maximize the success of the contract; this will require the contractor to understand every objective that the refurbishment is intended for. Other risks will be allocated according to the third principle, which will ensure that the refurbishment considers the specific operations that the contractor will use to accomplish the refurbishment task.
Lastly, the risks will be allocated between the owner and the contractor based on owner-oriented performance goals. This principle of allocation will ensure that the contractor aligns his refurbishment team with the performance goals or preferences of the owner.
A negligence lawsuit is a civil claim filed against a party or an individual who did not use reasonable care and caused harm to a victim while offering services or care. Litigations can be complicated and confusing, and when it comes to construction site negligence, accessing justice is not always guaranteed. This is why it was unexpected when the Law Office of Sean C. Burke and Romanucci & Blandin, LLC, a personal injury law firm, announced a $2.5million construction lawsuit settlement on September 9, 2016, whose defendant was DJW Ridgeway Building Consultants, Inc. This was done on behalf of Brian delaTorre, a client of the two firms who sustained a serious life-threatening knee injury in 2008 as he was working on a construction site.
As stated above, it is not easy to find justice in a negligence lawsuit because of its complications, but this was the second lawsuit of this nature that the firm successfully prosecuted. DelaTorre, a professional elevator mechanic, was compensated almost eight years later after the trial court initially gave a summary judgment in favor of the defense (Romanucci & Blandin LLC, 2016). It had previously ruled that the projects contractor could not be held liable for the ground ruts, which led to the injury of delaTorre.
However, with Michael Rathsack, the appellate attorney, the Second District Appellate Court overturned the initial orders of the summary judgment, and the involved parties reached the final settlement even before the trial. DJW Ridgeway Building Consultants, Inc., the general contractor, agreed to pay $2.32 million, while delaTorres employer, the third-party defendant, agreed to pay $225,000 (Romanucci & Blandin LLC, 2016). The settlement value came to a total of more than $4 million for construction negligence and the plaintiffs medical treatment.
DJW Ridgeway Building Consultants, Inc. would have avoided this legal liability by implementing quality control programs and reviewing the terms of the contract and policy coverage for its workers. From this incident, it is clear that a construction negligence lawsuit would need a documented breach of duty to the contractors side. One of the best countermeasures of winning a construction negligence lawsuit is to work with the best legal entities. Nevertheless, it is fair that Brian delaTorre was compensated and can afford to pay for medical expenses all his life.
Reference
Romanucci & Blandin LLC. (2016). $2.5 million dollar settlement reached in construction negligence lawsuit. RB Law. Web.
Mediation refers to a structured negotiation process managed by an independent third party who is neutral so that the outcome becomes legally binding. Legal provisions governing mediation are usually found in civil procedures codes or in national mediation laws. Mediation is anchored on six major principles: voluntariness of the parties in determining the procedure, selecting the mediators, and final decision-making; confidentiality of the procedure and its outcomes; equality in the mediators relation towards the parties; neutrality in the mediators relation towards the subject matter of a dispute and the mediators recommendations; and enforceability of settlement agreements.
Mediation is not compulsory in The UAE but it is included in many government contracts. It is governed by The UAE Civil Procedure Code, Federal Law No. (11) Of 1992. (Chapter Three) and the UNCITRAL CODE. Mediation in The UAE and most of The Gulf states can be traced to traditional religious and cultural practices that advocated for peace and harmony. The mission of a mediator was to offer a solution that both parties would honor. The use of mediation is on the rise. The CEDR found that the number of mediations disputes it handled rose from 100 cases in 1997 to 700 cases in 2004. Mediation has recorded substantial success rates, as over 80% of the disputes that are voluntarily submitted to mediation are satisfactorily resolved.
There are many legal disputes in the construction industry. Construction projects involve contracts between investors, contractors, and laborers. Legal documents are required to be prepared for regulating the subject matter of the contract, setting the price, the time framework and limit; and other modalities related to the complex construction industry. Parties find themselves entangled in massive legal wrangles involving sub-contracting, delays, and scope of work, costs, and deviations from the project framework, damages, shortfalls, and non-execution.
Disputing parties used to submit their disputes to arbitration but they realized that arbitration is adversarial in nature. Mediation was proposed as a viable alternative and is currently being embraced in the construction industry. This paper seeks to explore the difficulties that may be encountered in enforcing local and international mediation in The UAE and other countries. The paper also recommends specific measures that may be put in place to overcome the challenges.
Effectiveness of Mediation in the Construction Industry
The advantages of using mediation in the construction industry over other dispute resolution mechanisms are that; the mediator is neutral; its speedy as the maximum time limit is 30 days; its less expensive as compared to court procedures or arbitration. In the UAEs construction industry, mediation is preferred because it only takes a few days as compared with the arbitration, which can take up to 2 years. Contractors are also keen to be cooperative and to maintain stable relationships with the employer.
Dubai has established a mediation centre for property and construction disputes to deal with the piling caseload in the property court. The centre was established to resolve hundreds of disputes between developers and investors that ensued after the global economic crisis. More than 500 cases were pending in the property court. Within the month of March 2009, the centre had solved 95 cases.
Mediation is only effective in disputes in the construction industry where parties have been involved in projects together and have established cooperation. This is where there are prospects for working on a project together in the future and parties want to protect their reputation by avoiding publicity. This is where the subject matter of the dispute is more technical than legal. For instance, disputes over quality and quantity where the project is not yet completed and parties would wish the construction to continue. In addition, where parties have failed in negotiating an agreement and where there is no intense hostility between the parties.
Difficulties of Enforcing a Mediation Outcome
The most glaring disadvantage of the mediation process is that the decision is not compelling and binding as is the case with arbitration and litigation. However, this does not wash out its benefits since it still saves on time and money. The mediation outcome is the fruit of a voluntary process and it is expected that parties will fulfill their obligations out of goodwill.
Parties sometimes refrain from enforcing an agreement. This could be due to a shift in position once the mediation is through; change of leadership or ownership of the company; differences in interpretation of a term; currency fluctuations; Impossibility of performance due to natural events and government action; and negative public reaction.
Failure to enforce a settled agreement means that enforcement action must be taken. This defeats the primary goals of mediation such as avoiding delays and preservation of relationships. The degree to which these goals are undermined can be impacted by the enforcement mechanisms available.
Lack of a proper Enforcement Mechanism
UNCITRAL prepared a model law on conciliation to support its increased usage. The UNCITRAL model sough to legislate crucial issues such as the admissibility of certain evidence in subsequent judicial or arbitral proceedings as well as the role of the conciliator in subsequent proceedings and facilitating enforcement of settlement agreements resulting from conciliation.
Article 14 of The UNCITRAL Model law on international commercial Conciliation states that If the parties conclude an agreement settling a dispute, the settlement agreement is binding, and enforceable, (the enacting state may insert a description of the method of enforcing the settlement agreement or refer to provisions governing such enforcement) .
The model failed to address the lack of a proper enforcement mechanism. Those who were developing the model had proposed a uniform enforcement mechanism to create a mediation outcome with similar force to an arbitral award but their proposal was rejected.
Harmonization by way of uniform legislation was not viable because of differences in domestic procedural laws of various states The UNICATRL mechanism left the issue of settling on the appropriate mechanism in the hands of local jurisdictions. This has been criticized by legal scholars as the major weakness of the model law.
Argument That the Settlement Agreement is not binding
Defense counsels of parties have usually argued that the mediation agreement is not binding on the parties. They posit their argument on the point that mutual consent is not sufficient to give rise to all material terms necessary to form an enforceable contract. They further argue that abbreviated agreements or memoranda of understanding prepared at the mediation session as a shorthand recording of the terms agreed are not binding agreements.
Courts have recognized the difficulty of formulating a complete and final document in complex mediation cases. Due to this difficulty, courts have a policy of enforcing settlement agreements where all material terms have been agreed upon through mutual settlement. Where the governing law or the court exercising jurisdiction rules that the mediation settlement agreement must be in writing, parties cannot purport to enforce an oral agreement.
Duress and Coercion
As a general principle of the law of contracts, an agreement obtained through the use of force, duress or coercion is not enforceable. Use of duress or coercion is quite common in the construction industry especially in cases of unconscionable bargains where one party has an advantage over the other. The duress or coercion should not be trivial and the court uses its discretion to determine whether the act complained of really amounts to duress.
Courts have enforced settlement agreements despite claims of fraud or coercion in several circumstances. For instance, in a situation where the party claimed that by being denied permission to leave the room, he had been sapped of his free will, and in another case where a party claimed that he had been threatened with prosecution in a bankruptcy court.
Generally, facts said to constitute undue influence in settlement agreements pertaining to the construction industry have been listed down as:
Discussion of the transaction at an unusual or inappropriate time; the consummation of the transaction in an unusual place
insistent demand that the business be finished at once; extreme emphasis on the untoward consequences of delay
use of multiple persuaders by the dominant side against a servient party; absence of third-party advisors to the servant party
Statements that there is no time to consult financial advisers or attorneys
In Desert Line Projects v. Yemen24, The ICSID set aside a settlement agreement in2008 on the basis that it had been reached on grounds of coercion and duress. Desert Line had contracted with Yemen to execute a major road-working project and had been lulled into continuing work by continuous assurances of payment. After a failure by Yemen to pay for a year and a half, Desert Line filed an arbitration demand and an award in its favor was rendered.
Following the award, settlement discussions commenced and Desert Line agreed to accept half the amount awarded. Desert Line commenced a second arbitration in which the tribunal set aside the settlement agreement and reinstated the original award, finding economic duress, based on actions during the negotiation period, which included armed interference and preemptory advice that you better take this deal . The tribunal noted, Economic duress is present in many settlements and cannot be a basis for setting aside an agreement .
Fraud
Fraud is commonly raised by defaulting parties to mediation in the construction industry as a ground for setting aside a settlement. his ends up frustrating the outcome of the mediation process and causes parties to resort to arbitration and litigation. Courts are keen to apply contract rules strictly in deciding the actions that amount to fraud. A material misrepresentation is often cited as sufficient ground to set a settlement agreement aside.
Confidentiality and Party Autonomy
The issues of party autonomy and confidentiality in mediation are a grey area when it comes to enforcement of the settlement agreement. In a jurisdiction where strict confidentiality is applied in mediation, courts refuse to accept evidence relating to fraud in the proceedings on the ground that such disclosure is prevented by the operation of the principle of confidentiality10. This raises the issue of to what extent the principle of confidentiality should be allowed to operate in the enforcement of a settled agreement.
Enforcement of Foreign Settlement Agreements
Globalization has led to a significant increase in bi-lateral and multi-lateral trade. The construction industry has not been spared. In the United Arab Emirates, for instance, multinationals and international conglomerates play a significant fact in the construction industry. It is very difficult to enforce settlements agreements that are given outside the countrys boundaries. In the United Arab Emirates Articles 36 of Law No. 6 of 1997 states, No contract where Dubai Government or any of its departments is a party shall contain a provision for arbitration outside Dubai courts or any dispute regarding arbitration or its procedures shall be the subject to any laws or rules other than the laws, rules and regulations prevailing in the Dubai Emirates .
The law governing enforcement of mediation at the international level is the 1958 New York Convention on the Enforcement of Foreign Arbitral Awards which provided that arbitration agreements are to prevail over actions in the Court and that they are to be enforced in over one hundred countries throughout the world, including the major trading nations. The UAE Civil Procedure Code, Federal Law No. (11) Of 1992 specifically provides that the rules governing the arbitration are to include Agreements and Conventions relating to Arbitration to which UAE is a party.
The New York convention is outdated in relation to enforcement of mediation agreements because by the time it was formulated only arbitration was envisioned as an enforceable alternative dispute resolution mechanism in international trade. The convention also contains various ambiguities and lawyers from different jurisdictions do not agree on the interpretation of the clauses within the convention. UNCITRAL recommendations as to interpretations of the New York Convention are used as mechanisms for clarifying the meaning of the language of the convention but scholars argue that the recommendations alone are not sufficient.
Recommendations
Sufficient measures need to be put in place to ensure the enforcement of settled mediation agreements. A study in 2009 indicated that Dubai was rapidly losing the best sub-contractors and suppliers to other jurisdictions that are more reliable in delivering payments.
Security of payment (SOP) legislation should be entrenched in mediation settlement agreements. The Housing and Construction Regeneration Act 1996 that governs adjudication proceedings in construction disputes introduced the concept of SOP in the UK. The Act eliminated all delays related to payment and was adopted in other commonwealth jurisdictions such as Ireland, New Zealand and Australia. The Act establishes a quasi-judicial body charged with the task of resolving construction disputes quickly and keeping money flowing in the construction industry.
All the players in the construction industry can claim under the SOP. The more complex a claim is, the higher the cost. Irrespective of any legal proceedings that may ensue afterward, payment must be made to the contractor immediately after the adjudication ensuring a steady cash flow in the construction project.
The non-compulsory and non-binding nature of mediation outcomes reduces the credibility and effectiveness of mediation in the construction industry. Legislation should be enacted to compel enforceability of mediation outcomes similar to that of arbitral awards. The UNCITRAL should be amended to set a uniform enforcement mechanism for all states. In The EU, for instance, Article 6 of The EU Mediation Directive calls upon all members to ensure that it is possible to enforce a written agreement arising from mediation.
The enforcement mechanism of a mediation agreement in the construction industry should not be in the form of a contract as it leaves the enforcement mechanism in the hands of the party leading to highly unsatisfactory results. Instead, the enforcement mechanism of a mediation agreement should be in the form of a judgment. In Colorado, The Colorado International Dispute Resolution Act provides that if a settlement agreement is reduced to writing, the parties or their attorneys may present it to the court and it shall be enforceable as an order of the court.
The mediation agreement can also be enforced in the same manner as an arbitral award. In South Korea, Article 18(3) of the Arbitration rules provides that upon successful mediation, the mediator shall be regarded as an arbitrator and the result o the conciliation shall have the same effect as an arbitral award.
States with enforceable oral settlement agreements should phase out the mechanism since the new trend is towards written agreements. This is the case in all US jurisdictions and in The EU under The EU mediation directive.
The New York Convention should be amended to give effect to mediation as an effective dispute resolution mechanism in international trade. Comprehensive UNCITRAL recommendations on the interpretation of the convention also need to be enacted to clarify the extent of application of the convention in international mediation settlement agreements.
Conclusion
Currently, the rate of increase in mediations in the construction industry is correspondent to an equivalent increase in court litigation proceedings arising out of the mediation. This is watering down the positive effects of the application of mediation. In a review conducted by Professor Coben on cases involving mediation in The United
States in 2006, he came across over 1200 cases concerning enforcement of a settled mediation agreement where issues had been subjected to further litigation.
Mediation is growing at a very high rate and the trend of subsequent litigation needs to be eliminated. Today in The United Arab Emirates, mediation and arbitration centers have grown phenomenally. With the establishment of a mediation centre for the property industry in 2009, disputes subjected to mediation are set to increase. It would be unfortunate if the disputes are then handed over to the property courts, as it would defeat the very purpose of the establishment of a mediation centre. To harmonize The UNICTRAL and achieve a high degree of certainty, states should make as few changes as possible when adopting the model into their domestic legal systems.
References
Khatchadourian, M. (2008). Arbitration and Mediation between Europe and the Gulf.Shiac.2008.PDF File. pp. 1-18.
Shehadeh, N. (n.d). Mediation: An International Review. PDF File. pp. 1-43.
Shehadeh, N. (n.d). The Law Governing ADR. PDF File. pp. 1-32.
Sussman, E. (2002). The Final Step: Issues in Enforcing the Mediation Settlement Agreement. PDF File. pp. 1-24.
Every area inhabited by people suffers from the influence of production and technologies i this greater or smaller way. This report is aimed at providing analysis of data presented in different literary sources aimed at shaping the concept of open spaces areas and investigating their value for Australian people.
If the experience of these researchers turns out to be effective, it can be implemented in other urban areas of the world with regard to constant ecological problems, contamination of water, air, and soils, global warming caused by a number of external factors, and other issues.
Figure 1: Major open space components of Sydney (Coleman 2006, p. 4).
Introduction
As different programs on urban consolidation are aimed at investigating the use, potential benefits, and possible implementation of similar practices in other areas, the current report is aimed at analysing the open space areas of Sydney with the help of secondary sources.
Mapping out the greenery in the area will help us to consider its biodiversity, green space and human activities there. It is crucial to be aware of the green spaces of Sydney and its suburbs to see the scope of the problem, connected with urbanisation and industrialization.
However, Sydney can be considered one of the greenest cities as every citizen of this city has an opportunity to spend some time in the green area due to the number and location of parks of different types. It is obvious that the green coverage must be in the city and the thorough research of such places may help to preserve the nature in big industrial cities. The understanding and acceptance of the problem is crucial for making a step to the problem resolving.
Materials and Method
The data for the research was collected through the internet databases that contain a number of issue papers about the open space areas and the effect of the number of parks produced on the overall ecological situation in an inhabited area.
So, the materials for the report include secondary sources whereas the method concerns data collection and data analysis. Investigation concerned the problems existing in the sector of open space areas in Sydney and possible ways of solving those. However, this very issue suggested a dilemma because residential areas cannot be extended at the expense of open space areas eliminating parks and green territories.
In this respect, it is necessary to look at the Fig. 1 to see how effective the location of green spaces is organised in Sydney when people live within easy reach from parks and gardens. Though the data collection was conducted with the help of information retrieved from secondary sources, it is necessary to perform the analysis of data collected.
The information from the map shows that there are a number of green spaces in the area. The largest spots are the Royal Botanic Garden, Moore Park, and Sydney Park. Being the biggest green spaces in the area they play a crucial role in the distribution of land resources in Sydney with regard to the burning issue of dwellings for people and impossibility of their construction without bringing damage to the open space areas.
Thus, the fig. 2 introduces the dwelling projections that are planned for the period of several decades with regard to the number of dwellings in local government areas.
This information means that each hectare of the employment land stock will have 33 dwelling completions which means that South Sydney, Leichhardt, and Marrickville local government areas will be appropriate for the planned number of dwelling per 1 ha. Of the employment land stock whereas the number of dwellings to be built in Botany local government areas exceeds the available resources.
Figure 2: Inner Sydney new dwelling projections and industrial land supply from Department of Planning (1992, 1994) (Searle 2003, p. 7).
The data presented in Fig. 3 suggests a comparative analysis of available and planned resources in the abovementioned local government areas.
Local government area
Planned resources
Available resources
Botany
2010
1956
South Sydney
17100
17160
Leichhardt
5150
5184
Marrickville
3960
4000
Results and discussion
Analysis of sources has shown that the problems are mostly related to the involvement of open space territories into the programmes that deal with dwelling completions plans aimed at providing residents of the city with appropriate number of houses in order to make sure that the problem of housing is solved for the next several decades.
According to the study aimed at analysing the urban consolidation projects, urban open spaces include: parks, sporting fields, bushland, creeks&, private backyards and gardens, courtyards and balconies, attractive and safe streets& and other types of open space areas (Byrne and Sipe 2010, p. 2).
In this respect, there is no problem related to the dwelling programmes though this cannot be claimed concerning other types of construction projects as the data available on this issue included the land resources available in four local government areas.
Some problems concern the consolidation of urban open space areas in order to provide more space for people to have some rest from daily routine and ecological factors influential in every country all over the globe. As suggested by Searle (2003) inner city areas have inadequate local open space even with below-peak population levels (p. 3).
In this respect, it is necessary to analyse the ways in which the open space areas can be extended and suggest possible solutions for this issue taking into consideration the importance of dwelling programmes aimed at providing residents with appropriate number of residential areas. So, comparison of programs and assessment of needs of population is of primary importance for making adequate decisions on this issue.
As the results of the research show that the area of Sydney has sufficient number of open space areas such as large parks, squares, and gardens, it is necessary to make certain alterations in the design and location of these areas so that it is possible to provide people with adequate number of green territories within urban area whereas this decision should be also coordinated with the projects that deal with housing and planning of the number of residential units.
Cooperation and consolidation on the issue of open space areas and necessity of new dwellings can be beneficial for the authorities and programmes engaged into consideration of this controversial issue.
Conclusion
The research was based on the analysis of data collected from secondary sources and some information received from analysis of facts. In this respect, the research shows that it is necessary to solve the problem of dwelling construction planning with regard to the projects and programmes available for consolidation of open space areas. Every decision made on the issue of land should be coordinated with other programmes and projects involved in this sector of activity.
Reference List
Byrne, Jason, and Sipe, Neil, 2010. Green and open space planning for urban consolidation a review of the literature and best practice. Issues Paper 11, Uran Frontiers Programme. Web.
Construction is a separate independent branch of the states economy, which is necessary to commission new buildings and structures. In addition, reconstruction, expansion, repair, and technical re-equipment of existing production and non-production facilities. The defining role of the construction industry is to create conditions for the dynamic development of the countrys economy. The construction industry is of great importance in the development of the state: the economic efficiency of related sectors of the economy is primarily ensured by the intensive development of construction. The specifics of the industry are explained by the nature of its final products, specific working conditions, several specifics of the equipment used, technology, organization of production, management, and logistics.
Main body
Construction refers to the sphere of material production, i.e., to the industries that create material goods. The products of the construction industry are plants and factories built and put into operation, railways and highways, power plants, shipping channels, ports, residential buildings, and other objects that form the fixed assets of the economic complex of the country. In addition to the creation of fixed assets, the functions of capital construction include the expansion, reconstruction, and technical re-equipment of existing fixed assets. Therefore, the main task of capital construction is the expanded reproduction and qualitative renewal of fixed assets in all sectors of the countrys economy. Thus, capital construction creates material conditions that ensure the possibility of functioning the means of production.
Due to the coronavirus, there were failures in the supply chain, which caused the construction industry to suffer quite a lot. In addition, the rise in prices for building materials provoked the unfinished construction of some objects. Due to the combination of all factors, there was a decrease in production volumes in the construction sector. Likely, the growth rate of the construction industry in the United States will reach an average of 4.7% during 2021-2025 (BusinessWire, 2021a). This indicator consists of the need to build municipal institutions, for example, hospitals, since the coronavirus provoked an urgent need for this type of institution. Moreover, the states offer their residents favorable mortgage rates for primary real estate, which also contributes to the growth of the construction industry.
There are various companies in the construction industry that occupy different market shares and have different sizes of the enterprise itself.
Such companies include Jacobs Engineering Group, Lennar Corporation, Fluor Corporation, and others. There are quite a lot of companies involved in the construction industry, and therefore the competition is also relatively high, thanks to which prices are still at an acceptable level for residents of different countries. The global construction industry can reach $10.5 trillion by 2023 (BusinessWire, 2021b). However, at present, of the pandemic, construction prices are high as the coronavirus has provoked a delayed demand for real estate and an increase in these prices.
The latest political changes that have taken place in the construction market are related to the coronavirus pandemic. Due to the economic crisis, which manifested itself through the lack of customers in many institutions and companies, people began to invest in real estate. The state authorities supported this step and developed several preferential mortgage programs. Due to the desire to satisfy the demand for real estate, developers have been more actively engaged in construction. As a result, new residential buildings, non-residential premises, and other types of objects under construction began to appear, which allowed the construction industry to grow and flourish even during the epidemic.
Construction is especially closely connected with the industry. On the one hand, the increase in construction volumes depends on the development of initiatives that provide its technical equipment: machinery, materials, structures, electricity, etc.; on the other hand, performing construction and installation work for different sectors of the economy based on contract agreements, construction organizations are inextricably linked with the activities of customers. Several other industries act concerning construction both as suppliers and as consumers of construction products.
Still, the epidemic has caused some problems for the construction industry. Restrictive measures taken due to the pandemic led to the shutdown of some enterprises and construction projects, the demand for construction products decreased, and delays in the delivery of goods began to occur. In addition, suppliers have already announced an increase in prices for consumables: the cost of some of them is tied to the dollar exchange rate, which is currently unstable. Plans are being disrupted at several construction sites, and it is unclear when they will be able to return to the original schedule since some types of work are seasonal.
Conclusion
In conclusion, the construction industry is one of the largest industries that has undergone both ups and downs. Nevertheless, it continues to thrive, despite the increase in prices associated with the pandemic. This is facilitated by the active demand of the population, which provokes the purchase of construction projects to invest money. In this industry, competition is at a high level, but companies remain afloat and continue to compete. People predict growth in the construction industry in the future, but still, various circumstances may appear that may lead to a drop in prices for objects, materials for construction, etc.
References
BusinessWire. (2021a). 2021 United States Construction Industry Market Size & Forecast, by Value and Volume Across 40+ Market Segments. Web.
BusinessWire. (2021b). Global Construction Industry Report 2021: $10.5 Trillion Growth Opportunities by 2023. Web.
Modular construction is the process of constructing building components off-site and putting together the components (also known as modular parts or modules) on-site. The modular parts could consist of numerous individual parts such as the walls, frames, doors windows and ceilings put together to create a complete modular building unit or be several prebuilt complete modular building units put together on-site to make one large unit. The final construction should reflect the intended design and specifications achieving high build quality (Eagle 2014).
The decision to fall back on this type of construction is very often motivated by the need to meet the strict deadline for erecting buildings, as modular construction is known for high quality that can be easily reached within the shortest possible time while the result will be long-lasting and strong.
For this reason, modular construction is a common technology for building industrial plants. Nevertheless, today it is more often used for constructing business centres, telecommunications, stations, churches, educational structures, military objects, airport facilities, restaurants, and even healthcare institutions. Among the common customer using this type of construction, there are local, state, and federal governments, huge corporations and non-profit organizations, retailers and healthcare providers (The Modular Building Institute 2010). An example of where modular buildings have been used at a large scale is the B2 building in New York that was the worlds largest modular building comprising of a 32 storey residential tower where 60% of this building was constructed off-site. However, it was before the Sky City building in China that boasts a magnificent 220 storey building construction that was said to be completed in 90 days. In addition to the projects mentioned above, this practice has been used by the authorities of Hong Kong in public housing construction (Chiang et al. 2006) and Singapore (Poh & Chen 1998).
Velamati (2012) pays specific attention to the stages of modular construction detaching four specific stages. First of all, the future building is designed by the developers. At this stage, the plan is also approved by the authorities, so that it meets all the requirements regarding safety and the process of construction. At the second stage, modules are manufactured and assembled in the factory environment. Next, modular parts are transported to the assembly yards where they will later be put together. Finally, the building is constructed, and the process is over.
Advantages of modular construction
Modular buildings are becoming favourable to conventional construction, as the individual modules are carefully engineered to withstand the effects of transporting and craning them onto the foundations onsite making them structurally stronger than traditionally constructed buildings. There is also better construction quality management off-site ensuring that stringent quality control and quality assurance protocols are in place to promote an exceptionally high quality of construction in every step of the project. It is achieved through repetition, inspection and operating in a controlled factory environment, and adhering to regulations in place. All of these steps help improve performance (Court et al. 2006).
Modular parts can be built to exact specification and be replicated with the minimal error off-site usually in a factory setting thus reducing the time of completion and the need for amendments significantly. Labour reduction is also a key advantage and by using modular buildings, there is less need for supervisory personnel at the sites thereby further reducing cost and completion time. It is believed that an increased amount of personnel accounts for higher costs and longer completion times as it facilitates means for unnecessary worker interface (Proverbs, Holt & Olomolaiye 1999). In addition to it, Jameson (2007) believes that modularization helps decrease labour peaks because most work is conducted in a factory environment by the machines and with the use of assembly lines. Together with that, it is a perfect tool for reducing conflicts in the working place because the number of workers is at a minimum, so, they rarely intercommunicate and collide.
Velamati (2012) points out another desirable advantage of modular construction. The author states that it creates minimal site disruption as approximately 60-90% of the construction activity is carried out off-site in the factory environment and only the assembly, and minor work is done on-site. Moreover, it improves overall safety and security and eliminates construction hazards especially when used for erecting schools, hospitals, building dense and heavily populated areas where the safety of people and also the running of businesses are paramount. In addition to it, the author also stresses that modules in comparison with conventional construction are better insulated and more moisture tolerant, as most parts are assembled in the factory environment where weather conditions cannot affect the process and ruin the material used for building and design.
There are also advantages deriving from the strict schedule for design and construction. First of all, because of the detailed process, the delays in constructing the building are almost impossible. However, there is one crucial condition in this case the schedule should be developed with bearing in mind possible risks and delays in transportation and assemblage. Second, strict schedule implies the strict control over the process and coordination at every stage. Third, modular buildings are usually erected faster if compared to conventional, that is why cost benefits are resulting from both savings during shorter periods of construction and income from earlier introducing into service and receiving rental payments (Ataei et al. 2015). The authors also point out that strict schedules also have a positive impact on environmental advantage. Because less time is spent on constructive, the potential negative influence on the local natural environment is reduced.
Finally, the experts from the Modular Building Institute (2010) claim that the flexible design of modular constructions makes them reusable, it means that they can later be used for erecting the building that varies from the initial design. Moreover, they can be switched during the process of assembling as one element can be used as floor, ceiling, wall or rafter. It is what makes this technique unique and to some extent universal.
Disadvantages of modular construction
Even though modular construction has many advantages, numerous significant disadvantages should take into consideration when choosing the type of construction. For example, Taghaddos et al. (2014) focus their attention on cons that might derive from short times of construction. First of all, the authors claim that because this technique is often used when the deadlines are strict, there is a need to develop a schedule that would not ignore any single minute. They stress that designing such a plan requires exquisite time management skills, and it is very often complicated to find specialists who can cope with this task. For this reason, there are sometimes delays in constructing the buildings and meeting the deadlines. Moreover, the authors pay specific attention to the limitations of this method. That said, they note that because all the modules should be ready before construction and kept in one place that is called assembly yards, there are often limits in space, as it is difficult to find the necessary surface for storage. Furthermore, the investigators stress on the necessity to involve many specialists with different skills into the modular projects. They acknowledge that hiring a worker is not a problem; what is a real challenge is to find an HR who would be able to manage them effectively. Finally, the authors believe that one more disadvantage of this type of construction is that it requires too many transporters that are first used for shipments and later for transporting the modules from one place in the assembly yard to another (Taghaddos et al. 2014).
Another disadvantage of modular construction is stated by Chiang et al. (2006) who state that the modules used in the building should correspond with particular buildability criteria determined by the state. These criteria can be used as the barrier to entry for new modules manufacturers to the market, thus leading to the emergence of monopolies in the economy. However, the authors claim that there is a way of overcoming this barrier by hiring official consultants who might help manufacturers change the production process so that the final product complies with the standards. The only problem here is that the services of the consultants are costly, that is why the price for the modules rises. What also becomes more expensive is the process of constructing a building, as it also should fall within the standards. In some cases, such new projects are more than 40% more expensive, that is why buildability criteria are another fruitful way of precluding the emergence of new companies that is, at the same time, a significant disadvantage of modular construction.
Modular construction and simulation
Taghaddos et al. (2014) believe that simulation can become an effective tool for working out the disadvantages of the modular construction, especially the constraint emerging during the process of erecting the building using the modules. According to the authors, to avoid the negative aspect of this type of building, it is necessary to assess all potential limitation that might emerge during the process such as delays in transportation, various problems deriving from the human factor, and inaccuracies in plans and schedules. The authors claim that the result of the simulation is a series of reports and graphs illustrating all the available resources. In the case of a thorough analysis of the outputs of the model, it is possible to eliminate the possibility of inaccuracies and guarantee that the deadlines are met and the plans are fulfilled.
What simulation is beneficial for is improving the scheduling of onsite installation. It is especially effective if used with visualization, claim Moghadam et al. (2012). They believe that this method helps to simplify the minute-in-minute plan for assembling and better the overall performance. The authors propose to develop three scenarios for the whole process of construction pessimistic, optimistic, and average. It should be said that the pessimistic scenario is still acceptable because the company would still meet the deadline. The only thing that authors stress is that it is more beneficial to follow the optimistic scenario because it will help improve productivity and performance.
The use of modular construction in hospital buildings
Today, modular construction has become popular with healthcare providers, as more and more hospitals building are erected with modules. Bearing in mind that the advantages of the modular building significantly outweigh disadvantages, it is no surprise.
Ataei et al. (2015) pay specific attention to the use of modular construction in hospital buildings. The authors believe that there are several reasons for which this type of construction is more beneficial for healthcare providers than the conventional. First of all, they point out that hospital buildings are usually sophisticated and have many levels of complexity. It means that there is a need for very detailed design and, what is even more significant, bringing the initial design to life. In the case of modular construction, this objective can be easily achieved. Second, hospitals need to be sure that their buildings are safe and of high quality that can as well be guaranteed due to the strict control measures throughout the whole process of construction. Third, the demand for healthcare services continually grows. It means that the new facilities should be built within the shortest possible time. As it was shown above, using modular parts in building saves not only time but also money, that is why this type of construction is perfect for the hospitals.
Eagle (2014) states another benefit of modular for constructing a hospital in comparison with the conventional building. The author thinks over the necessity to build another building or repair some parts of the building under exploitation. What is special about modules is that they are assembled in the factory environment. It means that all the primary work is done away from patients. So, the hospitals manage to avoid dust and noise that adds not only to the comfort of patients but also to their safety. In addition to it, the author stresses that because of strict planning, it is possible to manage the resources financial as well as raw materials. It means that using this type of construction helps minimise the amount of scrap that as well improves the sustainability of a hospital because less money is spent first on buying materials, then on cleaning up the wastes.
To prove that modular construction is beneficial for healthcare institutions, Court, Pasquire and Gibb (2008) carried out an in-depth investigation of the UK hospital built with the use of modules. For this specific study, they have analysed the data regarding the overall effectiveness of conventional constructing including quality, time spent for finishing the projects, health and safety including the number of incidents in the working place and work-related illnesses, and the level of the workers productivity. In addition to it, the authors studied whether the use of the corridor modules is more beneficial than traditional construction. The results of the exploration were fascinating, as the authors have found out that the overall consequences were positive and could be divided into six groups: quality, time, sustainability, cost, health and safety, and site benefits. In general, erecting building using this type of technique helped save the costs and raw materials, as the number of wastes was lower than in the case of conventional construction. Second, it decreased the time for finishing the project because the workers knew that they had to meet strict deadlines and most works were finished in a factory setting, thus, resulting in achieving better quality with involving less workforce. Third, it helped improve the level of safety, as there were no accidents in the working place and the productivity of employees as they were controlled at every stage of the process.
Even though the use of modular parts for construction is, for the most part, beneficial, some barriers preclude it from becoming the widespread practice. These barriers are studied by Azhar, Lukkad and Ahmad (2012). First of all, the authors believe that this type of construction requires high-skilled workers that would work on design and planning, but they are hard to afford by the ordinary building companies. Second, not all factories have the inventory of the needed technological level that could be used for assembling the modular parts. Third, in most cases, people are unaware of the benefits of modular construction over conventional (Azhar, Lukkad & Ahmad 2012). Finally, big corporations are just used to conventional construction that is why they need some time to adapt to something new even though it is more advantageous (Carriker & Langar 2014).
Conclusion
Modular construction is not a new technique for erecting a building, and it has already gained popularity among the most varied customer from healthcare and educational institutions to non-profit organizations and governments at all levels. What first of all should be said about this technology is that minimizing the number of workers involved and maximizing the amount of work finished in a factory environment is a source of limitless benefits not only for healthcare institutions but also any other.
To sum up, the primary advantages of modular construction are minimizing the costs and maximizing the revenues that can be achieved by thorough budgeting and planning the number of necessary resources as well as finishing the construction earlier, so that there is an opportunity to receive rental payments earlier. The second advantage is improving the level of overall performance because every stage is strictly controlled and managed. Third, this type of construction is safer for the natural environment as the projects are finished sooner if compared to conventional construction. The fourth benefit is that it helps increase safety in the working place. Finally, modules are flexible in design and can be reused and recycled.
Together with that, there are as well some disadvantages of this type of erecting the buildings but they all come down to constraints whether it be a lack in time, skills or resources. Furthermore, it sometimes can be less beneficial than thought because there are buildability criteria established by the state that should be met. In the case, if the company fails to comply with them, it has to hire consultants, ad the process of reaching the determined standards is time-consuming and costly. Nevertheless, there are some disadvantages, what should be said is that they are outweighed by the advantages and can be eliminated by using simulation and visualisation while preparing the plan of the projects and developing the schedule of assembling.
References
Ataei, A, Gebrail, F, Daliri, F & Bolourian, N 2015, Productivity of modular construction, Concordia University, Montreal, Canada.
Azhar, S, Lukkad, M Y & Ahmad, I 2012, Modular v. stick-built construction: identification of critical decision-making factors, Proceedings of the 48th ASC Annual International Conference, Associated Schools of Construction, Windsor, CO.
Carriker, M & Langar, S 2014, Factors affecting large scale modular construction projects, Proceedings of the 50th ASC Annual International Conference, Associated Schools of Construction, Windsor, CO.
Chiang, Y H, Chan, E H W & Lok, L K L 2006, Prefabrication and barriers to entrya case study of public housing and institutional buildings in Hong Kong, Habitat International, vol. 30, no. 3, pp. 482-499.
Court, P, Pasquire, C & Gibb, A 2008, Modular assembly in healthcare construction a mechanical and electrical case study, Proceedings of the 16th Annual Conference of the International Group for Lean Construction Prefabrication, Assembly and Open Building, IGLC, Santiago, Chile, pp. 521-532.
Court, P, Pasquire, C, Gibb, A & Bower, D 2006, Design of a lean and agile construction system for a large and complex mechanical and electrical project, Proceedings of the 14th Annual Conference of the International Group for Lean Construction, IGLC, Santiago, Chile, pp. 1-14.
Eagle, A 2014, Speed to market, Health Facilities Management Magazine, May 2014, pp. 18-23.
Jameson, P H 2007, Is modularisation right for your project? Hydrocarbon Processing, December 2007, pp. 67-71.
Moghadam, M, Al-Hussein, M, Al-Jibouri, A & Telyas, A 2012, Post simulation visualization model for effective scheduling of modular building construction, Canadian Journal of Civil Engineering, vol. 39, no. 9, pp. 1053-1061.
Poh, P S H & Chen, J 1998, The Singapore buildable design appraisal system: a preliminary review of the relationship between buildability, site productivity and cost, Construction Management and Economics, vol. 16, no. 6, pp. 681-692.
Proverbs, D G, Holt, G D & Olomolaiye, P O 1999, Construction resource/method factors influencing productivity for high rise concrete construction, Construction Management & Economics, vol. 17, no. 5, pp. 577-587.
Taghaddos, H, Hermann, U, AbouRizk, S & Mohamed, Y 2014, Simulation-based multiagent approach for scheduling modular construction, Journal of Computing in Civil Engineering, vol. 28, no. 2, pp. 263-274.
The Modular Building Institute 2010, Improving construction efficiency & productivity with modular construction, The Modular Building Institute, Charlottesville, VA.
Velamati, S 2012, Feasibility, benefits and challenges of modular construction in high rise development in the united states: a developers perspective, University of Pennsylvania, Philadelphia, PA.
Selecting the material, which can be used in order to provide workers with a container to keep their tools in, is a very tricky task. On the one hand, the box in question must be light and easy to transport; on the other hand, it needs to be durable, resistant to a variety of aggressive environments, and, most importantly, cheap enough for the company to produce. However, when the decision must be made in favor of either carbon fiber, or aluminum, or steel, the former seems to be the most promising option despite its comparatively high price. Since carbon fiber is much more durable than the rest of the materials suggested as the basis for making boxes, it should be selected as the key raw substance for creating boxes for the company staff, as the investments made in the production process will inevitably be compensated with the durability of the material, as well as comfort in its use.
Discussion
Seeing that each of the three materials in question is highly resistant to corrosion (Tavakkolizadeh & Saadatmanesh, 2009), their fortitude must be evaluated first. Indeed, according to the information provided by Tavakkolizadeh and Saadatmanesh, steel and aluminum are prone to corrosion mostly in the environment, which presupposes a disposure to certain aggressive factors (Tavakkolizadeh & Saadatmanesh, 2009, p. 201). Assessing the strength and fortitude of the target materials should be carried out in the fashion that presupposes comparing their strength to weight ratio. Also identified as the specific strength (Gite & Margaj, 2013), the characteristic in question will shed some light on both the strength and the durability of the materials, as well as the ease in their use.
Table 1. Comparative Analysis of the Fortitude of the Key Materials (Gite & Margaj, 2013, para. 2).
Material
Specific Strength
Spectra fiber
3619
Kevlar
2514
Carbon Fiber
2457
Glass Fiber
1307
Spider Silk
1069
Carbon Epoxy Composite
785
Balsa axial load
521
Steel alloy
254
Aluminum alloy
222
Polypropylene
89
Oak
87
Nylon
69
A closer look at the material in question will show that carbon fiber is several times more efficient than steel and aluminum alloy (9.67 and 11.07 correspondingly). The specified quality of the material shows that the box made of carbon fiber will be several times more durable and, at the same time, several times lighter than the boxes made of steel and aluminum.
Price is another essential characteristic of the materials under analysis. Unfortunately, this is one of the few issues that do not speak in favor of carbon fiber, as the latter is comparatively expensive. Defined by its efficacy, innovativeness and complicated production process, the material in question can be deemed as very expensive, its average being $10 per pound (Carbon fiber used in fiber reinforced plastic (FRP), 2015, par. 1920). The prices for stainless steel and aluminum, in their turn, are considerably lower, which makes them a more reasonable choice for being used as the raw material for creating toolboxes.
Nevertheless, the properties of carbon fiber make the boxes made thereof outstandingly durable; as a result, utilizing carbon fiber as the key material for constructing the boxes will turn out to be economically more reasonable in the long run. Seeing that the shelf life of the product will be much longer than that one of the boxes made of steel and aluminum, the incorporation of carbon fiber into the production process seems a very legitimate step for the company to make.
Finally, the property, such as the infusibility of the carbon fiber, deserves to be mentioned along with the rest of its advantages. While aluminum and especially steel may withstand comparatively high temperatures, they still do not belong to the range of refractory materials. Though technically, carbon fiber cannot be referred to the latter as well, it can withstand considerably higher temperatures than steel and aluminum do. The specified quality of carbon fiber is especially significant in the light of the fact that the workers may need to operate in the environment of rather a high temperature and, therefore, need the containers, which will keep their tools safe and will not disintegrate into a mess by the end of the day.
Conclusion
An analysis of the existing alternatives has shown that carbon fiber seems to be the most appropriate material to use for making tool boxed. Though admittedly costly, it still beats the rest of the options, providing the safest and the most efficient mode of transporting the workers tools. Although the price for the material in question may raise some eyebrows, the shelf life of the product, including the properties such as durability, makes carbon fiber the most promising choice for the above-mentioned purpose. Although being rather expensive, the material in question will serve for years as opposed to the boxes made of aluminum and stainless steel. Although some of the properties of carbon fiber can be seen as somewhat questionable, it still remains one of the most successful innovations. Thus, selecting the material in question will be the most reasonable choice to be made.
Reference List
Carbon fiber used in fiber reinforced plastic (FRP). (2015). Build on Prince. Web.
Tavakkolizadeh, M. & Saadatmanesh, H. (2009). Galvanic corrosion of carbon and steel in aggressive environments. Journal of Composites for Construction, 5(3), 200210. Web.
Many people feel that the propositions of mainstream Egyptologists concerning the manner of construction of the pyramids of Giza are in error, or albeit deceptive (Malkowski, & Schwaller, 2007). The rationale for such arguments is the existence of the idea that it would not have been easy for the Egyptians of ancient times to have constructed the pyramids. Additionally, the idea of the mystery of the construction process revolves around the fact that the technologies of the ancient Egyptians do not equal the architectural designs of the pyramids (Malkowski & Schwaller, 2007, p. 56). Using the mentioned ideologies rather than the historical and the archeological evidence, there are a number of theories put forward to explain the construction of Egypts landmark, the Pyramids of Giza. Therefore, this work describes two theories that explain the mystery of the construction of the pyramids.
The first theory is the work of Margie Morris and Dr. Joseph Davidovits, who propose that the pyramids were built of exceptionally high-quality concrete and limestone, which they suppose was synthetic stone. They argued that the blocks used in the process were made of more than 90% limestone rubble and nearly 10% cement (Orcutt, 2000, p. 45). Therefore, the two academicians suggested that the characteristics of such blocks were beyond those of natural limestone of the time.
There was also no requirement for stone hauling or cutting for the construction process (Orcutt, 2000, p. 45). The two writes further explain that the building blocks of the pyramids were not quarried and did not require cutting or movements. How they moved up the whole height of the pyramids is explicable from the reasoning that workers lifted buckets of slurry to the places of making the limestone blocks atop the pyramids. From such a perspective, there is the conclusion that the theory explains the fact that the construction blocks did not require moving nor cutting.
Another theory is the development of the ideas of Martin Isler in his book, On Pyramid Building, and Peter Hodges in his writings in the book, How the Pyramids Were Built. Their ideas provide a school of thought that ancient Egyptians constructed the Pyramids of Giza by the use of levers in lifting the building blocks to the required elevations. They based their ideas on the fact that some of the rocks found on the pyramids had bosses at their bottoms that would facilitate the use of levers but were later removed (Rigano, 2014, p. 67). They also suggest the idea that the architects of the time combined ramps with levers to ensure that the blocks reached the required heights.
The theory advanced by both Margie Morris and Dr. Joseph Davidovits is more plausible than the other theory because of two reasons. It is noteworthy that the reasoning provided for the choice of theoretical bases on their strengths and weaknesses. First, there is evidence that the blocks used in the construction were uncut. From such a perspective, there is a rational thought that the blocks were made to fit into one another in a jig saw.
Had such blocks been moved from anywhere else, they would prove difficult to fit without re-sizing. Another reason is the idea that the levels of technology that existed at that time could not have allowed the constructors to move such huge blocks to the levels required with the ease supposed. Therefore, the possibility of the use of technologies such as levers does not suit the argument to such a level.
References
Malkowski, E. F., & Schwaller, L. R. A. (2007). The Spiritual Technology of Ancient Egypt: Sacred Science and the Mystery of Consciousness. Rochester: Vermont. Web.
Orcutt, L. (2000). Some Alternate Theories of Pyramid Construction. Web.
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