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The general conditions of contract play a very important role in the dynamics of the construction phase. The general conditions of contract outline the roles, rights, and obligations of the contracting parties during the construction phase of a project. The American Institute of Architects General Conditions of Contract for Construction (AIA A201) is considered the most widely used standard form of contracts in the U.S. construction industry. Standard contracts, like AIA A201, are being periodically revised and are becoming more cumbersome over time. The purpose and expectations of the revisions of the contract are not always clearly defined in literature or in practice. Changes to the general conditions have been made, which do not advance the performance goals for a successful project, but rather react to negative experiences. Oftentimes, there are conflicts between the parties' interpretation of the general conditions and between the required administrative practices obligatory by the general conditions during the construction phase, thus impacting the contractual relationships between owners, architect/design professionals, and general contractors. The increasing complexity and size of projects, the multiple-contract interfaces, and the changing times have transformed construction practices and contractual relationships. No longer simply following the lead of the AIA, owners seem to be questioning the value of the design professional, and the tone and path of the AIA A201. The three-phase methodology of this dissertation research set out to advance the understanding of change in the AIA A201 and the impact change has had on the value-added benefit of the design professional during the construction phase and contract administration on a project. The results of this research revealed the following primary conclusions: changes to various provisions pertaining to the key provisions have resulted in the Architect assuming less responsibility during the construction phase of a project; changes to the AIA A201 provision concerning the key provisions have not increased the value of the Architect's performance of contract administration services during the construction phase of a project; with regard to the key provisions, Owners or Owners' representatives perceive the value of the Architect's contract administration services during construction have decreased in recent years. In Phase I, this research identified the key contract provisions, which influence the function of the design professional performed in contract administration during construction. This investigation identified that change exists in key provisions over time and that change may have an influence on the function performed by the design professional during construction and contract administration. Subsequently, in Phase II, this research investigated the effect that change has had on the function performed by the design professional. The respective substantive changes to each provision that may have had a material effect on the function of the design professional were identified and these key provisions were thus studied further. Then, whether or not changes made to key provisions of AIA A201 have had a material effect on the function performed by the architect/design professional during the construction phase and contract administration was examined in Phase III. Ultimately, the research led to an enhanced knowledge of the owner-perceived value-added benefit by the design professional during the construction phase of a project. The practical use of the AIA A201 and its future editions has an influence on improved performance and better working relationships, which ultimately leads to improved constructed projects. The conclusions to this research study have demonstrated that changes made to key provisions of AIA A201 from 1951 to 1997 have diminished the role of the architect. Changes to key provisions have had a material effect on the construction phase, contract administration, and the function performed by the architect/design professional during the construction phase of a project. Before one can make effective changes to improve contractual and working relationships, the change must be identified for the purpose of supporting the industry's efforts to reduce adversarial relations, balance risk, and control schedule and cost, impact the contractual relationships and the value-added benefit of the contractual parties. This dissertation research successfully provided an understanding of the process used and the impact of change in the general conditions of contracts. As such, the knowledge gained from this research illuminated the necessary considerations of change and its impacts on the future development of contracts and their revisions in efforts to create better documents, not to just create bigger documents. / Ph. D.

Employees across the world experience change in the workplace due to a fast-fluctuating environment in which organisations operate. According to Maumo and Kinnunen (1999) a transformation has taken place in the industrialised world of work over the last few decades. Downsizing, right-sizing or restructuring have become familiar terms in difficult economic conditions and implies that rationalising of jobs are inevitable. Organisations attempt to reduce costs, which in turn places pressure on employees to modify their jobs, seek alternative employment (intention to quit) and relocate, all of which are likely to fuel job insecurity (Hartley, Jacobson, Klandermans & Van Vuuren, 1991; Iyo & Brotheridge, 2004). The unemployment rate in South Africa is one of the highest in the world with 36% of its citizens being unemployed in 1999 (Kingdon & Knight, 2001). What's more is that, according to the Quarterly Labour Force Survey, 4.1 million people in South Africa were classified as unemployed in 2009. Frequent reorganisation and statements regarding flexibi lity are signals that one's job security is not secure. Even vague signals of downsizing or change may encourage employees to have intention to quit (Iyo & Brotheridge, 2004). When organisations start to downsize, some people may expect to become unemployed. Sverke, Hellgren and Naswall (2002) state that organisational change is an antecedent to job security. Mauna and Kunnunen (1999) agrees that objective circumstances of an insecure job situation can be defined as the experience of job insecurity, while according to De Witte (1999) the growing emphasis on more flexible employment contracts also intensify feelings of job insecurity. Job insecurity has been found to predict stronger intention to quit within the organisation (Ashford, Lee & Bobko, 1989). This means that a flexible, multiskilled, knowledgeable, interchangeable and adaptable workforce are exposed to new management techniques as well as altered labour relations/human resource policies and activities, which in turn influence employers' obligations, employees' obligations, the state of the psychological contract, job insecurity and employees' intention to quit (Ekkerd, 2005). The primary objective of this research is to investigate the relationship between the psychological contract, individual characteristics, job insecurity and the intention to quit of security employees (N=217) in the Vaal Triangle. A cross-sectional survey design was used. Constructs were measured by means of the psychological contract (employer obligations, employee obligations and the state of the psychological contract), an "individual characteristics" questionnaire, a job insecurity questionnaire and an intention to quit questionnaire. The research method for each of the two articles consists of a brief literature review and an empirical study. Factor analyses, as well as Cronbach alpha coefficients were computed to assess the reliability. Validity of the different product moment correlation coefficients, and regression analysis was used to examine the relationship between the constructs employed in this research. Significant differences are found between various individual characteristics and the scores of the psychological contract (employer obligations scale, employee obligations scale and the state of the psychological contract scale), the individual characteristics questionnaire, job insecurity scale and the employee's intention to quit scale. A practically significant correlation was found with a small effect between the state of the psychological contract, employer obligations and employee obligations. Results demonstrate a significant relationship between the psychological contract, type of contract, gender and tenure. No significant relationship was found between the psychological contract and age and qualification of the employees. Multiple regression analysis indicates that employee obligations predicted negative intention to quit. Job insecurity predicted positive intention to quit. Conclusions are made, limitations of the current research are discussed and recommendations for future research are put forward. / MCom. Industrial Psychology, North-West University, Vaal Triangle Campus, 2011

Employees across the world experience change in the workplace due to a fast-fluctuating environment in which organisations operate. According to Maumo and Kinnunen (1999) a transformation has taken place in the industrialised world of work over the last few decades. Downsizing, right-sizing or restructuring have become familiar terms in difficult economic conditions and implies that rationalising of jobs are inevitable. Organisations attempt to reduce costs, which in turn places pressure on employees to modify their jobs, seek alternative employment (intention to quit) and relocate, all of which are likely to fuel job insecurity (Hartley, Jacobson, Klandermans & Van Vuuren, 1991; Iyo & Brotheridge, 2004). The unemployment rate in South Africa is one of the highest in the world with 36% of its citizens being unemployed in 1999 (Kingdon & Knight, 2001). What's more is that, according to the Quarterly Labour Force Survey, 4.1 million people in South Africa were classified as unemployed in 2009. Frequent reorganisation and statements regarding flexibi lity are signals that one's job security is not secure. Even vague signals of downsizing or change may encourage employees to have intention to quit (Iyo & Brotheridge, 2004). When organisations start to downsize, some people may expect to become unemployed. Sverke, Hellgren and Naswall (2002) state that organisational change is an antecedent to job security. Mauna and Kunnunen (1999) agrees that objective circumstances of an insecure job situation can be defined as the experience of job insecurity, while according to De Witte (1999) the growing emphasis on more flexible employment contracts also intensify feelings of job insecurity. Job insecurity has been found to predict stronger intention to quit within the organisation (Ashford, Lee & Bobko, 1989). This means that a flexible, multiskilled, knowledgeable, interchangeable and adaptable workforce are exposed to new management techniques as well as altered labour relations/human resource policies and activities, which in turn influence employers' obligations, employees' obligations, the state of the psychological contract, job insecurity and employees' intention to quit (Ekkerd, 2005). The primary objective of this research is to investigate the relationship between the psychological contract, individual characteristics, job insecurity and the intention to quit of security employees (N=217) in the Vaal Triangle. A cross-sectional survey design was used. Constructs were measured by means of the psychological contract (employer obligations, employee obligations and the state of the psychological contract), an "individual characteristics" questionnaire, a job insecurity questionnaire and an intention to quit questionnaire. The research method for each of the two articles consists of a brief literature review and an empirical study. Factor analyses, as well as Cronbach alpha coefficients were computed to assess the reliability. Validity of the different product moment correlation coefficients, and regression analysis was used to examine the relationship between the constructs employed in this research. Significant differences are found between various individual characteristics and the scores of the psychological contract (employer obligations scale, employee obligations scale and the state of the psychological contract scale), the individual characteristics questionnaire, job insecurity scale and the employee's intention to quit scale. A practically significant correlation was found with a small effect between the state of the psychological contract, employer obligations and employee obligations. Results demonstrate a significant relationship between the psychological contract, type of contract, gender and tenure. No significant relationship was found between the psychological contract and age and qualification of the employees. Multiple regression analysis indicates that employee obligations predicted negative intention to quit. Job insecurity predicted positive intention to quit. Conclusions are made, limitations of the current research are discussed and recommendations for future research are put forward. / MCom. Industrial Psychology, North-West University, Vaal Triangle Campus, 2011

This study examines organisational change within the Gauteng Department of Infrastructure Development (DID) “the Department”, focusing on the strategies that should have been implemented in order to reduce the resistance to change and minimise the negative impact change brought to the employees. The study also focuses on employee satisfaction and the impact of change on the psychological contracts from a broad perspective of employees within the organisation.

This thesis seeks to provide a deeper understanding of the Scots law of fraud. Adopting a method that is both historical and doctrinal, it provides a critical analysis of the current understanding of fraud and argues for an approach that is more consistent with Scotland’s legal history which, in turn, was profoundly influenced by a much older tradition of European legal thought. It begins by exploring the historical scope of fraud in both a criminal and civil context with specific focus on questions of definition and the extent to which “fraud” was used in the broader sense of activities not involving deceit. A detailed analysis is given of the widespread concept of presumptive fraud by means of which Scots law was able to provide a remedy for unfair or unwarrantable behaviour without any requirement for a deceitful intention and for misstatements made unintentionally. The argument is made that presumptive fraud was a mechanism for delivering substantive justice and that its conceptual roots lie in an Aristotelian understanding of justice as equality. A comparison is made between the scholastic doctrine of restitution, which was developed by Thomas Aquinas as the outworking of the Aristotelian virtue of justice, and the scheme of Scots law created in the Institutions of the Law of Scotland by Viscount Stair (1619-1695), who is said to be the founding father of Scots law. It is suggested that the religious and philosophical conditions which existed in seventeenth century Scotland were particularly fertile soil for scholastic legal ideas which conceptualised law within a moral and religious framework. The second half of the thesis undertakes a doctrinal analysis of fraud in three parts. First, the complex relationship between fraud, error and misrepresentation is examined and the case is made that misrepresentation, whether intentional or unintentional, sits more comfortably in the law of fraud than in the law of error. Secondly, modern legal literature is critically assessed and the dominant modern narrative – that error induced by misrepresentation is a native concept in Scots law – is questioned. Thirdly, a new taxonomy of fraud is proposed which distinguishes between primary and secondary fraud. The operation of secondary fraud (which amounts to “participation” in the primary fraud of another and therefore involves three-party situations) is explored through the application of two familiar legal maxims: the “fraud” principle (that no one should be enriched through the fraud of another) and the good faith purchaser for value. In the context of secondary fraud, it is argued that the criteria for its operation - mala fides and a gratuitous transaction - are both core components of the older concept of presumptive fraud. The thesis comes full circle as it is suggested that while the broader equitable definition of fraud, rooted in equality, may have disappeared in the context of primary fraud, secondary fraud retains it.

This thesis explores the question how unilateral conduct can create, vary or discharge obligations in English private law and how unilateral conduct is regulated. First, it is explained that the reason for asking this question follows from the candidate’s background in a civil law jurisdiction, in which unilateral juridical acts are regarded a category of legally relevant behaviour. After observing the obstacles in English law to the recognition of the civil law concept of unilateral juridical acts, a number of examples of unilateral conduct are identified that create legal effect. The focus of the thesis is on examples of unilateral conduct that create, vary or discharge obligations. English law allows the creation of obligations by unilateral conduct only in very specific instances. It is observed that unilateral conduct can create or transfer property rights. The different approach is explained primarily by deeply rooted distinction in English law between words and acts. Subsequently, the thesis discusses how unilateral conduct is regulated. For some issues, notably interpretation, revocability and the intention to create legal effect, similar rules apply to the different examples of unilateral conduct. For other issues, especially mistake and form requirements, the rules diverge. It is concluded that unilateral conduct forms a category of legally relevant behaviour in English law. This category is divided in unilateral conduct that creates obligations, quasi-contractual unilateral conduct that varies or discharges obligations and unilateral voluntary property transactions. Whereas quasi-contractual unilateral conduct is closely related to contracts and should thus generally be regulated in a manner similar to contracts, the unilateral voluntary property transaction is a distinct concept, to which specific rules apply.

Communicating archaeological findings to the public has become increasingly important in contract archeology in recent years and is now a legal requirement. Public contacts earlier meant that it was the experts, the archaeologists, who would communicate the knowledge to the public. Today, social media offers new opportunities to reach new groups and to communicate. Simultaneously the archaeologists, employed by different firms, find themselves in a new competitive situation. It may therefore be important to present the own activities in a way that strengthens the brand and to legitimize the business for the County Administration that shares the commissions, as well as for those providing the funding, the taxpayers. This paper is based on a case study on how archaeologists produce narratives on themselves, their profession and archaeology as a science on a Facebook page and on blog posts, connected to an archaeological project in the county of Östergötland in Sweden. The Facebook posts and snapshots from the blog have been reviewed and classified in an analysis of the narrative the archaeologists mediates. The study shows how building a brand is as prominent a reason for using social media as presenting the scientific findings. It is also evident that as an information source with great potential, social media could be utilized much more structured and focused.

June 1 1997. After 155 years under British rule, Hong Kong was reunited with its ancient roots, China. The administrative power shifted. What happened then? In this paper we analyze how Hong Kong’s trade flows changed after the liberation. We conduct our analysis with main focus on the trade predicting factors of Gravity, Institutional quality and Hong Kong’s relationship to China. We have found that trade flows did not significantly change much, however, Hong Kong’s attitude towards its trade partners’ institutional quality seem to have. Further, Hong Kong seem to have embraced the reunification with China and is now more dependent of its new ruler, in terms of trade, than before.

published_or_final_version / Business Administration / Master / Master of Business Administration