Abstract This paper describes commercial construction as "building projects exclusive of residential construction," and discusses commercial construction from both an economic point of view and from the point of view of the community. The paper discusses why commercial construction is a boon to the construction business, providing stable work even when residential construction is at a lull. The paper also discusses the complexities of managing commercial construction.
From the Paper "Commercial construction is defined as "building projects exclusive of residential [single- or two-family home] construction". It is one of the biggest segments of the entire construction industry and is believed to have strengthened the industry in recent years due to rapid and steady growth. The commercial sector has been growing steady for some time now as is evident from market research and reports. Back in 2000, Sinderman wrote: "...the state of the commercial real estate market is strong. The demand for office, industrial and retail buildings remains high, and, as Internet-based companies continue to grow, specialized facilities have become more popular than ever." In 2005, a construction report by McGraw-Hill supported that claim: "The commercial and infrastructure construction segments are providing a lift to the overall construction industry, marking a role reversal from most of the past two or three years. According to October 2004 figures for future construction contracts calculated by McGraw-Hill Construction, Lexington, Mass., overall new construction starts increased 4 percent in October versus September (on a seasonally adjusted basis), with nonresidential and infrastructure construction gaining while the residential sector fell slightly." (Late Rebound)"
Tags: commercial, construction, residential, business, office, hotel
Abstract Federal contracts for construction, while similar in many respects to other types of federal contracts, have some unique aspects that have caused the federal government to create a system of rules within the Federal Acquisition Regulation (FAR) specific to construction contracts. The federal government has been justified in creating these rules separate from those that apply specifically to supply and service contracts. This paper focuses on some of the unique rules and regulations that apply to federal construction contracts, including those related to contract types, labor laws, specifications, payments, delays, and differing site conditions.
Abstract
Overview
Contract Types
Federal Construction Contracting Laws
Contract Performance and Specifications
Payment Financing
Delays
Differing Site Conditions
References
From the Paper "The federal government is the largest owner of real property in the world (Bastianelli, et. al., 1998), so it stands to reason that they spend an enormous amount of money on construction and maintenance of that property. It is difficult to gauge exactly how much the federal government spends on construction annually, but it is noteworthy that the Department of Defense alone planned to award over $10 billion on construction contracts in 2002 (Bush, 2001). Because of this significant amount of construction outsourcing, and the intricacies that go along with construction contracting, the federal government has been justified in developing unique regulations and rules for construction contracts. The federal government, in the Federal Acquisition Regulation (FAR), defines construction as, ?"construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property"? (FAR 2.101). Determining whether or not something is considered a building or a structure is general straightforward, although there are always exceptions. However, the line defining whether or not something is real property can, at times, be somewhat unclear. The FAR does not provide a definition for real property, but in federal contracts the common legal definition is used, that real property is, ?"land and all things that are attached to it"? (Lectric Law Library, 2003). Though many of the clauses, terms and conditions, and rules applicable to federal construction contracts are the same, or similar, to those that are used on federal contracts for supplies, there are a number of differences in the nature of contracting for construction that have caused the federal government to create separate laws that deal specifically with federal construction contracts. One of the major differences is that construction contracts are performed on Government property. Because of this, construction contractors are subject to a great deal more in the area of inspections and general surveillance on their contracts (Abernathy and Kelleher, 1976). Construction contracts typically have much more paperwork than federal supply contracts. On construction contracts, a contractor is required to file daily reports showing that they complied with all the unique construction regulations, including safety, schedules, and submittals of material samples (Arnavas, 2001, ?? 27.4.a.). Construction contracts are subject to much greater scrutiny on performance than supply contracts, as detailed analysis and explanation of any deficiencies are reported to contractors and contractors have the right to respond. Past performance information is also kept on construction contracts for six years, where the norm on supply contracts is three years (Arnavas, 2001, ?? 27.4.a). Other differences that will be the focus of this paper include contract types, labor laws, specifications, payments, delays, and differing site conditions."
Abstract This paper discusses green building construction and points out that this design saves energy as well as money. The paper explains that green building construction is vital and is a determinative of project success. The paper also explains that the individual needs to take the initiative in addressing construction design and development and associated costs as well as funding, marketing and sales. In addition, the paper tells us that green building construction holds great financial promise for the future. A graph of taxes by state is included with the paper.
Outline:
Objective
Introduction
Significance of study
Methodology
Literature Review
Findings and Conclusion
From the Paper "The work of Andrew Meyerson (2005) entitled: "The Dollars and Cents of Green Construction" states that green construction and design can not only save energy but also can result in monetary savings in the areas of: (1) Tax breaks and rebates; (2) Lower construction costs; (3) Reduction or elimination of the need for heating and air-conditioning equipment and the associated costs of purchase, maintenance and electricity; (4) Reduction in energy and water bills by as much as fifty-percent; (5) Increase in labor productivity, retail customer sales and apartment rental prices; and (6) Protection of operating budgets from increases in energy prices. (Meyerson, 2005, p. 2) Meyerson relates that practically all states offer incentives in the form of reduction of taxes for construction that is friendly to the environment. (2005, p. 4) Additionally in green construction projects where a pre-existing structure is on the construction site, cost savings may be realized through reuse of as much of the existing structure as possible. Additionally, is it necessary to be aware of the attitudes that serve as drivers of the choice of clients to use the firm and added to this is the fact "that commercial 'green buildings' outperform their conventional counterparts across a wide variety of metrics, including energy savings, occupancy rates, sale price and rental rates, another very practical and often times overlooked data for improving the cash flow of the client is the "energy efficient commercial building tax deductions.""
Tags: green, building, construction, funding, marketing, save, money, energy
Abstract This article serves as a defense of the claim that race is a social construct, rather than a biological fact. The writer discusses the view that genetic inequalities are not inborn, but rather created by society. In this paper, the writer looks at inequality in society caused by differences in race that appear to have been constructed by society.
From the Paper "The argument that race is a genetic predisposition is an old one and certainly an important one as it has been practiced among governments and other such institutions for centuries. This argument however leads to unwanted implications of genetic inequality between the races that we have learned is simply not the case. There are no inherent differences between individual races that are not arbitrarily constructed by society. In fact, it seems apparent that there are more variations in appearance and personality within a single race ... "
Abstract This paper describes the history of race as a distinctly Western idea. Through this process, the writer shows how and when the concept of "race" was invented or socially constructed. It then emphasizes the point that race has no biological reality by focusing on genetics and human variation, among other factors that repudiate the notion that race is biologically real. Finally, it looks at how the concept of race is, indeed, as Hacking states, "quite bad as it is," and puts forth a new archetype, one that does away with the concept of race altogether and focuses on the uniqueness of individual human beings.
From the Paper "What does it mean to say that race is "socially constructed"? In fact, what do we mean when we say that anything is socially constructed? Ian Hacking, after researching many books on social construction, stated that in order for something - he called it "X" - to be socially constructed, it must adhere to the following two premises: (0) In the present state of affairs, X is taken for granted; X appears to be inevitable. (1) X need not have existed, or need not be at all as it is. X, or X as it is at present, is not determined by the nature of things; it is not inevitable. Hacking goes on to state that these next two claims are also usually, though not always, implied by the use of the phrase "social construction": (2) X is quite bad as it is. (3) We would be much better off if X were done away with, or at least radically transformed."
Abstract This essay is about residential sprinklers in modern construction. It considers the effects of residential sprinklers on consumers, the government, and businesses and evaluates whether the overall effects has been positive or negative.
From the Paper "Using sprinklers to irrigate residential landscaping has become so commonplace that few people give the matter much consideration Homeowners consider sprinklers a boon since it eliminates watering ..."
Abstract This paper examines external factors that can cause problems in construction projects.
From the Paper "Construction projects are often used to describe the project management process because of the many interrelated tasks that must be accomplished in order for the project to be completed on time and within budget. Construction projects are also used to demonstrate risk management and risk aversion principles because of the many external factors that can have a detrimental effect on the project. If a task is not accomplished early in the process it can put the entire project offtrack and may cause ..."
Abstract This paper deals with the basic history of the residential construction market and the current market. It looks at several factors, current and past which lead the industry to where it is today.
From the Paper "Throughout the last century many aspects of our economy and way of life were permanently altered as a result of governmental involvement and the development of finance options, never before seen in the residential construction industry. In the beginning of the 20th century, what seemed unattainable by homebuyers became a common expectation by that century's close. These expectations dealt with a consumer not only being able to build his own home but more importantly being able to possess personal property, which represented, "comfort, convenience and quality of life unknown to previous generations" ("A Century of Progress", 2003). The catalyst of change began in 1949 when the U.S. government established the "Housing Act of 1949". At this point it became a national goal to improve living standards for all American families and provide them with the opportunity to own their own home. "
Abstract In this article, the writer looks at Florida, that has a high concentration of migrant labor in all industries involving manual labor. The writer notes that this concentration of migrant, or otherwise largely Hispanic, workforce is readily apparent in the construction industry where large numbers of Hispanic workers are regularly employed. The writer looks at the problems faced by the U.S. in order to ensure the safety and care of such employees. Further the writer discusses related U.S. welfare and social policies, in comparison to Canada.
From the Paper The United States has long resisted using government programs to reduce inequalities to the degree that Canada has, and the result is predictable in that the problems in the U.S. are much greater. At the same time, Canada has been reconsidering some aspects of its social policies. The assumption made by this statement is common, that capitalism does not cover certain types of social program, certain types of human needs, while the welfare state does cover these elements. Between Canada and the United States, this has been illustrated most starkly over the past couple of decades by the difference in terms of health care. Canada offers a comprehensive and centralized health care system, a so-called single payer system, while the United States does not and has been embroiled in controversy for years as a result.
Abstract The paper examines Section 107 of the Housing Grants Construction and Regeneration Act, passed by the United Kingdom Parliament in 1996. Specifically the paper looks at the interpretation of section 107, which deals with matters of adjudication, and how it was affected by a series of United Kingdom court cases between the years 2002 - 2007.
Outline:
Introduction
Body
Conclusion
Bibliography
From the Paper "The Court stated that the broad interpretation of the section 107 of the HGCRA 1996 was wrong and that the Section 107 was intended by Parliament to be interpreted as meaning that the whole agreement has to be in writing, not only the basic terms. This was underlined by the fact that the time in adjudication is tight, therefore the adjudicator should not have to spend time deciding what contract terms may or may not apply. As not all terms of contract were in writing, The Court found that in the case of RJT v DM there was no right to adjudicate.
"This whole issue remains a real concern within the industry particularly given the apparently restrictive interpretation of section 107 of the Act by the Court of Appeal in the RJT case, which may mean that many industry contracts, particularly those involving small and medium-sized enterprises, will fall outside of the scope of the legislation."
Abstract This paper focuses on the various aspects of constructional activity including planning, procuring, executing and registering activities. The paper also considers the legal aspects, insurance aspects and maintenance aspects of constructional activity and uses examples, facts and figures to discuss each aspect. Additionally, the paper looks at management in the construction industry, the risks of a constructional company, new techniques and methods in construction, and what strategy a construction company should follow in order to be successful.
What is Construction What is Constructional Activity
Manager's Code of Professional Ethics in Construction Risks of a Constructional Company
New Methods and Techniques of Construction Order to be Followed in a Construction Industry for being Successful
From the Paper "Building construction-case study of Fletcher Construction, Australia
According to the Recycling Resources Recovery Council (RRRC) the construction industry waste accounts for 44% of the total land fill in Victoria. In January 1993, Fletcher construction selected two Melbourne construction sites for training the program. One site was to introduce recycling and waste minimization methods and the other would adapt the traditional approach of handling waste on sight. The results of the trial revealed substantial savings to the project and environment. The process of implementing recycling and waste minimization reduced the volume of waste from 44% to 15%. 43% less land filled space was consumed and there was a financial saving of 55% achieved on waste removal cost. Over one third of the total waste volume generated was recycled. Fletcher Construction of Australia has incorporated green measures into its national policy, aiming to reduce waste on every constructional site by 25% as compared to the conventional methods. Its sister company in Seattle, Washington has also implemented similar methods."
Abstract This paper briefly examines the U.K. construction industry and the concepts of Lean Construction, in which the success of this company is attributed to the application of Lean Construction principles such as value, value streams, flows, pull, and perfection. It evaluates how U.K. construction companies have found that increasingly demanding customers, as well as pressures regarding environment issues, are forcing them to rethink their strategies.
Outline
The Principles of Lean Construction The Construction Industry in the U.K.
The Egan and Lathem Reports
Supply Chain Leadership and Teamwork
The Possibility of Change
From the Paper "It is with the above in mind that the Egan and Lathem reports highlight the changes necessary in the UK Construction Industry. The Egan Report identifies five drivers of change necessary to ensure greater profitability as well as better quality in the Construction Industry. These are: committed leadership, a focus on the customer, integrated processes and teams, a quality driven agenda and commitment to people (4GM Consulting, 2003). Furthermore the report sets targets such as 10% for annual reductions in construction cost and time, as well as a 20% annual reduction in defects. The report stresses the importance of replacing competitive tendering with long-term relationships within the industry. Clearly the win/lose relationships between partners are too adversarial to be effective."
Abstract In this article, the writer investigates various construction companies within Libya, to rank construction delay variables in accordance with their effect on delay and cost. Additionally, the researcher's aim includes reviewing the existing literature available on the construction industry to ascertain the primary causes of delays in construction processes. To achieve these aims, the author evaluates what are the primary causes of delays related to construction processes. Further, the writer discusses what construction companies exist in Libya and how these variables rank according to their effect on project delay and cost. The writer also examines how construction delays impact the cost of construction processes.
Outline:
Introduction
Objectives
Literature Review
Methodology
Analysis of Data
Implications
References
From the Paper "Ford notes that political leadership in Libya is ripe for encouraging foreign investment in multiple sectors. The country will need to increase its' production capacity to attract foreign investors particularly in underdeveloped fields. The country must also reintegrate itself in the international political arena by working on relations with the governments in major countries of western Europe and the U.S."
"Sebestyen notes that construction and modern manufacturing has along history that can be traced several thousand years. Changing technologies have impacted multiple arenas including construction, where the techniques, processes, materials, machines and information of technology must be embraced during production and used in different ways for different countries, even in the presence of international trends in construction. Technology has stimulated among other things better conditions within the construction industry, better quality, durability and increased opportunities for sustainable growth."
A critical analysis of the doctrine of constructive resignation and a discussion of whether or not it should be introduced or sustained in Malawian employment law.
Abstract This paper discusses the doctrine of constructive resignation in the context of employment law or employment relationship. In particular, it attempts to address whether this doctrine should be introduced or sustained in employment law in Malawi. The paper proceeds on the premise that in Malawian employment law - statutory or case law- the doctrine of constructive resignation is not provided for. It is, however, recognized and applied in other jurisdictions namely, Unites States, Canada, United Kingdom and Philippines. This paper concludes with the recommendation that the doctrine be introduced in Malawi, although with necessary modifications to suit the employment situation and the right to fair labour practices.
Outline:
Acknowledgement
Preface
Table of Contents
List of Abbreviations
List of Cases
Chapter One
Introduction
Background of the Study
Statement of Problem
Objectives
Methodology
Lay Out of the Essay
Chapter Two
The Employment Relationship
Introduction
The Contract of Employment
Identifying the Contract of Employment
Employment Relationship
Nature of Employment Relationship
Terms, Conditions, Rights and Duties
Conclusion
Chapter Three
Termination of Employment
Introduction
Termination by Employer
Fair Dismissal
Lawful Dismissal
Termination by Employee
Rights Relating To Termination Of Employment
Conclusion
Chapter Four
The Doctrine of Constructive Resignation
Introduction
The English Doctrine of Constructive Resignation
Statement of the Doctrine
Theoretical Basis
The "Elective Theory"
The "Automatic Theory"
Elements of the Doctrine
Conduct
Fundamental or Repudiatory Breach
Self-Dismissal as the Result of Prior Agreement
The United States Doctrine of Constructive Resignation
Conclusion
Chapter Five
Should The Doctrine Of Constructive Resignation Be Introduced Or Sustained?
Introduction
The English Doctrine of Constructive Resignation
The United States Doctrine of Constructive Resignation
Conclusion
Chapter Six
Conclusion
From the Paper "Of late, it has been in issue whether one can or has constructively resigned10. This is in issue in Malawi and other jurisdictions. The doctrine of constructive resignation is to the effect that if the conduct of the employee amounts to a repudiation or a fundamental breach of the contract of employment the said conduct automatically terminates the contract, in which case it is the employee rather than the employer who will be deemed to have terminated it. The employer is entitled to dismiss him even without hearing him. He may as well say: "he sacked himself"11. In Malawi there is no statutory doctrine of constructive resignation, and apparently there is currently no case which has said the doctrine is applicable in our employment law."
