L’hypothèque légale de la construction est le principal mécanisme de protection des créances des intervenants de l’industrie de la construction. Par l’adoption de ce régime, le législateur a voulu protéger l’intégrité économique de cette industrie. Par contre, l’utilisation de notions mécaniques plus ou moins efficaces dans la mise en œuvre de l’hypothèque légale, la prolifération d’outils de contournement contractuels et les mécanismes de protection des propriétaires nuisent à l’efficacité du régime légal à protéger les créances des sous-traitants. Des correctifs pourraient néanmoins être apportés pour restaurer l’équité du régime légal. Par ailleurs, lorsqu’un immeuble appartient à l’État ou l’un de ses mandataires, il devient pratiquement impossible pour un sous-traitant d’exercer ses recours hypothécaires compte tenu des privilèges et immunités dont jouissent l’État et de ses mandataires. Les biens affectés à l’utilité publique des personnes morales de droit public non-mandataires de l’État jouissent également d’une grande protection, surtout dans le domaine municipal. Ceci rend bien illusoire tout recours hypothécaire intenté par un sous-traitant malgré le fait le législateur cherchait justement, par le maintien d’un régime légal, à protéger leurs créances. / The construction hypothec is the main mechanism for the protection of the claims of every participant in the construction industry. With the adoption of this legal regime, the Quebec legislator tried to protect the economic integrity of this industry. However, the use of notions more or less efficient for the execution of this legal regime, the increase of contractual mechanisms which avoid the application of the legal regime and legal dispositions which protect the owners harm the efficiency of the legal regime to correctly protect subcontractor's claims. Nevertheless, some correctives can be found to restore the legal regime's equity. Moreover, when a immoveable is owned by the State or any of its agents, it is practically impossible for a subcontractor to exercise his hypothecary rights because of the State's privileges and immunities. The property appropriated to public utility of the legal persons established in the public interest which are not agents of the State enjoy also a strong protection, particularly in the municipal sector. In any case, it is rendering illusory the exercise by a subcontractors of any of his hypothecary rights despite the fact that the legislator's goal, by maintaining this legal regime, was precisely to protect their claims.

Climate change has come to be understood as a deleterious phenomenon, which threatens business, society and ecological systems, thus making it imperative to understand its impact on human, social and economic activities as well as the impact of these activities on climate change. Against this background, this research sought to determine climate change intervention strategies in the mining supply chain in general, specifically focussing on opencast mining contracting and plant hire companies’ practices. This focus on the mining industry was driven by its importance in South Africa and globally, despite its significant direct and indirect contribution to climatic changes. The mixed-methods multiple case study focused on the climate change management of the Mutual Construction Company Group of Companies (MCCGC), an open cast toll mining firm and equipment supplier. Limited to two sites, Pilanesberg Platinum Mines (PPM) and Tharisa Minerals (Tharisa) Mines, the researcher gathered data through interviews, questionnaires, observations and document review. Data was analysed through deductive content analysis. The research made three major findings: (i) the MCCGC, like its principals PPM and Tharisa, does not have an explicit climate change management strategy. Instead, climate change is managed indirectly through implicit strategies seeking to manage environment, health and safety concerns of the mines, (ii) as a contractor, the MCCGC has had to adopt PPM and Tharisa’s implicit approach to climate change management strategies to meet contractual obligations, instead of an explicit approach and, (iii) the MCCGC and its principals’ commitment to environment, health and safety management, and implicitly climate change management, is not mere rhetoric but is being put into practice. The research concluded that MCCGC’s lack of expressed climate change management intentions and practices exposed the firm to climate change risks, most notably financial risks and reputation risks. Financial risks arise from possible ex post climate change liability. In addition, MCCGC is risking its contract tenures, particularly if the two mines change ownership and the new owners insist on an explicit rather than implied climate change strategy with all its suppliers. Reputational risks arise from the possible failure to attract new clientele and investors who may perceive MCCGC as a risky partner, due to an inept climate change intervention strategy / College of Agriculture and Environmental Sciences / M. Sc. (Environmental Management)

This thesis focuses on the theme of preparation and management of construction work contract in its theoretical and empirical level. Theoretical part deals with the description of contractor’s preparation for construction in the form of supply, pre-production and production preparation. It also deals with the issues of planning in the form of structuring of a building project and its duration, including the description of schedule planning methods. Theoretical part ends with a passage about automated preparation and construction implementation, together with a definition of basic terms concerning private and public procurement. Practical part answers the question of description, analysis and organization of particular construction contract and together with contractor’s administrative treatment of construction preparation meets the appointed target. Closing part consists of a suggestion of methodology for processing contractor’s preparation using Contec software.

Small businesses growth and profitability is a national problem in South Africa (SA) and the Emerging Contractors (ECs) in the construction industry in Gauteng Province are no exception. The SA government expect ECs to become the main players in economic transformation and growth, job creation and income generation. However, ECs fail to live up to the expectations as some are characterised by low performance levels and are at risk of business closure. The purpose of this research is to examine the perceptions of Small Business Executives (SBEs) on determinants of business performance so that a performance model that could guide ECs within the construction business is developed. The researcher used a mixed approach to examine the perceptions of SBEs on determinants of ECs’ performance by applying both qualitative and quantitative research approaches. The population from which the sample was drawn comprised of 1890 urban based ECs registered with CIDB in the construction industry in Gauteng. Systematic random sampling was utilized and a sample size of 501 ECs was used. A structured questionnaire and interview guide were administered as the data collection instruments. A pilot survey was conducted where 2 key informants (SBEs) and 15 respondents (SBEs) were interviewed as representatives of ECs. A survey was used to assess the four hypotheses in the study. Content analysis was used to identify themes that emerged from qualitative data. The analysis of qualitative data demonstrated the perceptions of SBEs that financial factors, manpower, materials, machinery and equipment, project implementation, quality of work, legal and environmental and strategic planning were the main determinants that should be addressed when setting up and running construction businesses to reduce the negative impact on business performance. Based on the perceptions of SBEs, in quantitative, the univariate and multivariate statistical methods were performed to measure the level of significance between and among the performance determinants were tested at 5% confidence interval. Multiple linear regressions carried out based on the perceptions of SBEs identified strategic planning, project implementation and project performance as the most statistically significant factors in predicting the performance of ECs in Gauteng Province. The results from both qualitative and quantitative methods were synthesised and analysed through data transformation, typological development and case study analysis and the perceptions of respondents indicated a strong agreement between the qualitative and quantitative results. Based on multivariate results which were a result of the perceptions of SBEs, a performance prediction model was developed which is the core contribution of the study. The structure of the model, how it is used, its advantages and disadvantages were presented. The model provides a platform upon which ECs could predict performance and this would benefit ECs, clients, community and policymakers. In conclusion, the study established three significant determinants that include strategic planning, project implementation and project performance as highly relevant variables to improve construction business performance. Based on the perceptions of the respondents, the study recommends ECs to acquire and develop financial management skills that would enable them to understand and manage financial requirements that stakeholders such as financial institutions need in the areas of budgeting and cash flow management, bookkeeping knowledge, financial policies and controls and project pricing strategy. On the shortage of skills, the study recommends SBEs to take an initiative role in training employees, motivating and retaining competent workforce. The government need to establish technical colleges for training workers (apprenticeship) in order to equip them with appropriate industry knowledge, skills and experience. Lack of collateral security was widely reported by most SBEs and the study recommends the formation of a sector bank that would support emerging contractor businesses. / Business Management / D.B.L.

Le secteur de la construction constitue un pan majeur de l'activité économique qui sous-tend une large part de la croissance au plan national. Partant de ce constat, il a semblé opportun de s'intéresser plus particulièrement aux marchés de travaux privés et plus précisément encore à la question du paiement. Au coeur des relations économiques, le paiement défini comme l'exécution d'une obligation porte en son sein la question fondamentale de sa sécurisation. Préoccupation légitime du créancier, on trouve sa pleine consécration et son traitement le plus abouti en droit civil dans le droit des sûretés qui occupe le livre IV du Code civil. Toutefois, dans les marchés privés de travaux, la sécurisation du paiement est rendue possible tant au stade de la formation du contrat par la détermination de son objet - le prix - qu'au stade de l'exécution grâce aux modalités de l'opération de paiement elle-même et à la fourniture de garanties. Appréhendant l'opération de paiement tant d'un point de vue pratique que théorique, l'objet de la présente thèse est de montrer que la sécurisation du paiement dans les marchés privés de travaux peut être envisagée tant au stade de la formation que celui de l'exécution du contrat. / The construction sector is a major pan of economic activity that underlies much of the growth nationally. With this in mind, it seemed appropriate to focus specifically on private works contracts and even more specifically to the issue of payment. At the heart of economic relations, payment defined as fullfilment of an obligation is asking the question of its security. In private works contracts, securing the payment is possible both during the formation of the contract by the determination of its purpose - the price - at the stage of execution thanks to the operation of arrangements payment itself and the provision of guarantees. Apprehending the payment transaction from both a practical and theoretical, the subject of this thesis is to show that the security of payment in private building contracts can be considered both during training than the contract.

This diploma thesis aims to describe preparation and management of a contract in a building company using the tools of project control. The thesis contains a theoretical and a practical part, where the problem is first explained theoretically and then practically on the chosen contract. This contact is a block of flats in Stepanov, which was realized in the years 2017 and 2018 by the building company Moravostav Brno, a. s.

The aim of this diploma thesis is a construction order preparation and management from aspect of investor. The diploma thesis is divided on the theoretical and practical part. The theoretical part contains information about life cycle of the project, the legislative environment, financing and about contractual relations between projects. In the practical part, these theoretical knowledge are subsequently are applied to a particular public contract where the investor is the town of Mohelnice. A target of this diploma thesis is to describe and analyze the entire course of the implementation of the public construction contract from preparation to completion and putting into operation.

The master's thesis describe system of management construction project and elaboration prize offer from the perspective of contractor of building. Objectiv of this work is to introduce whit specific principles, procedures and methods, that are needed to prepare and management of construction contracts and their subsequen application to specific construction work - new building of locksmith in Chotěboř.

This diploma thesis deals with the planning of construction contracts from the perspective of a contractor. In the theoretical section, the basic concepts of project management are explained. Further, the methods and principles used in the management of the construction project of building a complex are described. The practical part contains a particular case where the methods are used to schedule a time during the course of construction and planning of the resources needed for implementation.

Impact of competitive pressures, ever-increasing investor demands and the unstable economic situation forces construction companies to more effective preparation and management of contracts. The subject of this thesis is the preparation and management of construction contracts in the construction company. The theoretical part is devoted to the description management by project and its tools, supply activities and supplier preparation of construction. Theoretical explanation matters of project management is followed by practical demonstration of the selected job.