The main topic in the licensing debate is whether licensing affects construction quality. Available literature and previous studies indicate that it does not. The real question is not whether licensing improves quality, but whether the improving quality is the actual purpose of licensing. There is little information available on the purpose of licensing as defined by state licensing departments as well as a general lack of information on how states evaluate whether licensing is fulfilling the intended purpose. In order to effectively resolve some of the issues surrounding the construction licensing debate, the true purpose of licensing and the methods used to evaluate licensing must be defined by state licensing departments, not the industry. The sharing of such information could lead to better construction regulations, improved evaluation techniques, further research, and ultimately, a resolution of the licensing debate. State licensing departments indicated the purpose of licensing as well as methods of evaluating licensing currently used by state licensing departments. Contrary to popular thought, the true purpose of residential general contractor licensing (as defined by state licensing departments) is not to improve construction quality but to protect the consumer's health and life. The license debate will continue as long as there exists a discrepancy between what the industry thinks is the purpose of licensing (improve quality) and what the purpose truly is (protect the consumer). If the main purpose of licensing is, as the states expressed, to protect the consumer, then policy must reflect that idea. Protecting the consumer can be accomplished through mandatory building code inspections without a barrier to entry such as licensing. The information gained from the study provides a foundation for further research on licensing issues that will benefit the construction industry, the economy, and society alike.

The South African construction industry is experiencing challenging times, like its counterparts globally, which has led to the failure of known large contractors. While some studies have suggested different reasons for this, a stream of scholars argued that company leadership contributes significantly to the organisation's performance. Studies on leadership in construction have mainly been undertaken at project level, considering that construction organisations are project-based. This study examined the leadership of construction organisations and whether the traits, skills, role, style and strategic decisions of company leaders impacted on the long-term performance and sustainability of contracting firms in South Africa. The main question investigated in this study is: what combination of leadership traits, skills, style, role, and strategic decisions results in superior and sustainable construction organisation performance, when moderated by strategic decisions of CEO/company leadership? The study draws from theoretical perspectives, namely the ‘upper echelons' theory, strategic leadership theory, and the Full Range Leadership Model (FRLM), to develop a conceptual framework. A convergent mixed-method research design was used to advance the investigation. Fifteen semi-structured interviews were conducted with purposively selected construction company leaders of large contracting firms in the Western Cape, in positions of Group Chairman, Chief Executive Officer (CEO) or Managing Director in major building construction, civil engineering, or geo-technical companies of good repute. The survey instrument was pretested by construction company leaders before distribution to respondents and the Crobach Alpha test was used in testing the reliability of the study responses. The cidb provided the database of the construction leaders and a survey of contractors listed in Grades 7-9 of the cidb Register of Contractors was conducted. The responses of the samples on the survey question raised on their position also attests to this. At the end of the survey period between April and September 2020, 257 responses were received, representing 56.86% response rate. The data collected were analysed using descriptive and inferential statistics, including Structural Equation Modeling (SEM), to validate the hypothesis developed that construction company leaders positively impact organisational performance through their strategic decisions on project management, change, and innovation and investment. In addition, the study also tested the hypothesis that strategic decisions mediate the relationship between construction companies' leadership components, characteristics, and construction organisation performance. The findings of this study reveal that decisions on change and innovation have the most impact to prevent business failure, and for construction organisation performance. Whilst there are other internal and external factors that may contribute to a firm's business outcomes, the findings of the study explain that the attributes of construction business leaders and their strategic decisions play a significant role in construction company leadership and construction organisation's outcomes. The leadership of construction companies is expected to be exhibit transformational qualities, cast visions, channel new opportunities, and reposition their companies according to the current and future economic situations. The gap between expectations and performance must thus be filled by leadership through their strategic decisions that are premeditated and calculated towards the expectations and visions of the construction companies. The study thus contributes to knowledge in leadership and construction research by demonstrating how the multi-dimensions of company leadership impact construction business organisation performance. The integration of leadership personality traits, skills, style, role, and strategic decisions provides a better measure of how leadership impacts organisational performance. The leadership framework developed from the study's findings made explicit the leadership traits, skills, style and strategic roles that would assist construction company leaders to operate their organisations sustainably and devise effective succession plans. The components of the leadership framework include the strategic leadership roles that construction organisational leaders must play, using catalytic leadership skills, transformational and transactional leadership approaches and inherent leadership traits, which could be developed through education, career experiences, mentoring and training. The study is limited to South Africa, which has implications for the generalisability of results.

Continuously increasing demand for faster project delivery of emergency and non-emergency projects, project complexity, and pandemic caused price escalations and material shortages requiring real time pricing and use of available equipment are showing that construction industry needs to shift toward creating designs that will be driven by the construction process or construction-driven designs. The construction-driven designs enable faster than fast project delivery or flash tracking by adopting the mindset that construction is the last phase of the design and by integrating the building approach with the design where the means and methods of construction drive the design development process. However, the development of such designs requires the involvement of the key stakeholders such as contractor, major subcontractors and equipment vendors, and operations and maintenance personnel at the appropriate time in the design. This research presents the framework which addresses the key areas needed to develop construction-driven designs such as (1) formalizing the construction-driven design definition; (2) determining construction-driven design characteristics and the preferred level and timing of involvement of the key stakeholders (contractor, major subcontractor, major equipment vendor, and operations and maintenance personnel) in the design development process; (3) determining key stakeholder’s (contractor, designer, and owner) experience requirements for the successful development and execution of construction-driven designs; (4) identifying potential contractual, licensure, and insurance barriers that can affect contractor’s early involvement in the design and providing recommendations to overcome those barriers; (5) ranking project delivery methods based on their effectiveness and suitability to develop and implement construction-driven designs; (6) identifying and ranking the best practices specific to construction-driven designs; and (7) providing a tool that will allow a company or a project team to measure their readiness to develop a construction-driven design for a project. / Ph.D. / Continuously increasing demand for faster project delivery of emergency and non-emergency projects, project complexity, and rising prices and material shortages caused by pandemic require real time pricing and use of available equipment. Moreover, these issues are showing that construction industry needs to shift toward creating designs that are constructible and led by the means and methods of construction or construction-driven designs. The construction-driven designs enable faster than fast project delivery by adopting the mindset that construction is the last phase of the design and by integrating the building approach with the design process where the means and methods of construction influence and guide the design development process. However, the development of such designs requires the involvement of the key stakeholders such as contractor, major subcontractors and equipment vendors, and operations and maintenance personnel at the appropriate time in the design. This research presents the framework which addresses the key areas needed to develop construction-driven designs such as (1) formalizing the construction-driven design definition; (2) determining construction-driven design characteristics and the preferred level and timing of involvement of the key stakeholders (contractor, major subcontractor, major equipment vendor, and operations and maintenance personnel) in the design development process; (3) determining key stakeholder’s (contractor, designer, and owner) experience requirements for the successful development and execution of construction-driven designs; (4) identifying potential contractual, licensure, and insurance barriers that can affect contractor’s early involvement in the design and providing recommendations to overcome those barriers; (5) ranking project delivery methods based on their effectiveness and suitability to develop and implement construction-driven designs; (6) identifying and ranking the best practices specific to construction-driven designs; and (7) providing a tool that will allow a company or a project team to measure their readiness to develop a construction-driven design for a project.

I denna rapport undersöks vilka problem det finns i samarbetet mellan JM Entreprenad AB och dess underentreprenörer. Med hjälp av semistrukturerade intervjuer med arbetsledare och platschefer, från både underentreprenörer och JM Entrepren ad AB, har vi fått synpunkter på vilka dessa problem är, vad konsekvenserna blir och eventuella lösningar på problemen.  Åtta stycken punkter som vi kallar ”teman” i rapporten, har framförts från intervjukandidaterna. Det är punkter som påverkar samarbetet mellan parterna ute i produktionen. De lyder som följer:  -     Säkerhet (arbetsmiljösäkerhet -     Lagbas kontra arbetsledare   -     Arbetsberedningar   -     Samarbetet mellan olika underentreprenörer   -     Möten (byggmöte och basmöte)   -     Arbetslivserfarenhet   -     Ändrings- och tilläggsarbeten   -     Tidsplanering   Den insamlande informationen är analyserad och presenterad enligt ovanstående teman med en tematisk analys. På så sätt blir resultatet överskådligt och lättare att presentera för läsaren.  Vår slutsats är att samarbetet mellan JM Entreprenad A B och underentreprenörerna kan påverkas i positiv riktning om de åtta punkterna beaktas. Vi styrker denna slutsats med att samtliga teman är hämtade direkt från idag aktiva arbetsledare och platschefer. / In this report we investigate the problems in the cooperation between JM Entreprenad AB and its subcontractors.  With the aid of semi constructed interviews with supervisors and foremen, from both the subcontractors and JM Entreprenad AB, we have received point of views on what these problems are, what the consequences are and eventual solutions to solve the problems.  Eight points that we refer to as “themes” in the report, has been brought forth by interviewed supervisors and foremen. These are points that affect the cooperation between the two sides out in the production. They list as follows:   -     Safety   -     Foreman or Supervisor   -     Work preparations   -     The cooperation between different subcontractors   -     Meetings   -     Work experience   -     Change and added work   -     Planning   The information received is analyzed and presented according to themes derived with a thematic analysis. That ensures that the results become easier to present to the reader.  Our conclusion is that the cooperation between JM Entreprenad AB and its subcontractors can be influenced in a positive direction if these eight themes are considered. We underline this conclusion with the point that all these themes derive s directly from supervisors and site managers.

This dissertation explores the perceptions of different groups of people (subsystems) who affect and are affected by the phenomenon of day labourers in Tshwane. Three "day labourer sites" were identified. Businesses, residents, police, metro-police and the municipality directly connected to these sites were interviewed. Their perceptions were analysed using the systemic frame of reference. The data was processed to describe perceptual relational patterns between the day labourers and the different subsystems. The following themes amongst these relational patterns were identified and described: employment, law and order, contact between subsystems, sharing the environment / community and resources / facilities. These themes were described in relation to the Bill of Rights (Chapter 2 of the Constitution of the Republic of South Africa, 1996). This research aims to highlight some of the voices of the groups affecting and affected by the phenomenon of day labourers. / Social Work / M.A. (Mental Health)

Magistro baigiamojo darbo tema – „Šalių atsakomybė statybos rangos santykiuose“. Raktiniai žodžiai: statyba, teisiniai statybos santykiai, statybos rangos santykiai, statybos rangos sutartis, subrangos sutartis, užsakovas, rangovas, subrangovas, atsakomybė. Sklandus ir efektyvus statybos proceso įgyvendinimas didžiąja dalimi priklauso nuo to, kaip aiškiai ir suprantamai statybos rangos sutartis ir teisės norminiai aktai apibrėžia sutarties šalių teises ir pareigas, paskirsto jų riziką bei atsakomybę už sutartinių prievolių netinkamą vykdymą. Atsižvelgiant į tai, darbe yra kompleksiškai analizuojami statybos rangos sutarties šalių atsakomybės pagrindai, nagrinėjamos problemas, susijusios su atsakomybės taikymu. Pirmojoje darbo dalyje atskleidžiama teisinių statybos santykių ir statybos rangos santykių samprata. Antrojoje dalyje apžvelgiama statybos rangos teisinius santykius reglamentuojančių teisės aktų sistema, pateikiamos statybos rangos santykių dalyvių sąvokos, atskleidžiamas jų teisinis subjektiškumas, nagrinėjama statybos rangos sutarties samprata ir jos esminės sąlygos, statybos rangos ir subrangos sutarčių santykis. Trečioji darbo dalis skirta išsamiai statybos rangos sutarties šalių – užsakovo, rangovo ir subrangovo – atsakomybės analizei: atskleidžiama jos specifika, taikymo pagrindai bei sąlygos, nagrinėjami atvejai, kai atsakomybė statybos rangos sutarties šaliai gali būti sumažinta arba panaikinta visa apimtimi, apžvelgiama LAT praktika, suformuota... [toliau žr. visą tekstą] / The subject of the master work – „The liability of the parties in legal construction relationship“. Keywords: construction, legal construction relationships, constuction contract, subconstruction contract, client, contractor, subcontractor, liability. Efficaciousness of the construction process for the most part depends on how clear and comprehensible the construction contract and legal acts define rights and obligations of the parties and divide between them risk and liability for an improper execution of the obligations. Taking it into consideration, in this work there is complex analysis of the legal basis for liability and problems, which are related to application of the liability. The first part of the work reveals conception of legal construction relationships. In the second part there is rewiev of the legal acts provided as well as the concepts of the parties.The author studies the conception of the construction contract, it‘s substantial conditions and relation between construction and subconstruction contracts. The third part of the work is committed to comprehensive analysis of the liability of the client, contractor and subcontractor: it reveals liability specific, basis and conditions of use, cases when liability can be reduced or avoided, provides the review of the Suprime Court of Lithuania practice, that was formed by solving cases for application of liability in legal construction relationships. The author, after accomplishing analysis of legal act... [to full text]

The survival and sustainable development of construction contractors depends on their own capacity as well as their ability to cope with the ever changing environment. Hong Kong was once a large construction market by the world standards; but in the period 1998 to 2007 has suffered from long term market shrinkage. This shrinkage in the work load available in the market has demanded that Hong Kong contractors change their business strategy and consider expanding their construction business to the international marketplace. From surveys and studies of Hong Kong contractors, it is noted that traditionally the majority of contractors organizations were not active in participating in the international construction markets. The prime reasons were that the Hong Kong domestic market was large enough to sustain the contractors and that Hong Kong construction professionals are reluctant to work overseas. However due to the continuous shrinkage of the market, Hong Kong contractors were being forced to consider expanding their construction business to the overseas markets in order to survive. This thesis reviews existing theories and previous studies in overseas con-struction business development. It analyzes surveys of Hong Kong con-struction contractors and conducts a scientific study of a Hong Kong based contractor organization which expanded its construction business to overseas markets. This study was conducted through an integrated action research methodology. Based on the problems, impacts, difficulties and success this organization faced during its practical experience in the overseas business expansion, this thesis explores and recommends a structured approach for Hong Kong contractors to re-define and develop their business overseas. The focus of study is the pre-contract award stage of business development. It focuses on the entry modes, strategic planning, risk management and tender management of the organization. The author also presents various models for use in attaining width and depth of understanding of overseas knowledge. These include preliminary entry selection model, dynamic management, and a spiral model (a learning & knowledge based business development model), for use in the management of international construction business development at the pre-contract stage. The groundwork laid down in this thesis will form the basis for further studies and the development of theories / models. It is the expectation of the author that other contractors in Hong Kong and other nation s contractors may make use of this research as assistance to their overseas business development. The ultimate aim of the author has been to change the goal of contractors from being companies able to compete with international contractors in their domestic market to contractors that are able to compete in the international market place.

Building Information Modeling (BIM) plays an important role in today's construction industry. Models are tools that help stakeholders communicate, visualize building geometry, perform trade coordination and clash detection among others. A less popular aspect of BIM that shows high potential is the quantity take-off (QTO) feature. Yet, its implementation among commercial general contractors (GC) has not received as much attention. The purpose of this study was to identify how the BIM QTO features were being implemented among commercial general contractors, what challenges they faced and how they worked to overcome those challenges. Through a three-step process including semi structured interviews with estimators, preconstruction, BIM and Virtual Design Construction (VDC) managers, valuable insights on the BIM QTO implementation state among general contractors were gathered and analyzed. Links between BIM QTO benefits, project design phases and delivery methods, software, training, leadership and jurisdictions were discussed. The data indicated that BIM QTO's benefits were best leveraged through early general contractor involvement, the adequate contract framework, trained BIM QTO estimators, and early and strategic communication between owners, designers and estimators. The conditions for increased efficiency were discussed along with the solutions to the common BIM-based QTO challenges.

Private sector U.S. defense contractors failing to meet contract objectives experience lower profitability, pay costly penalties, and risk survivability. Using the theory of contracts, the purpose of this multiple case study was to the explore strategies that some leaders of U.S. defense contracting businesses use to meet all the contract terms with the U.S. Department of Defense. Data were collected from 5 leaders of private sector defense contracting companies in northwest Florida through face-to-face, semistructured interviews and through a review of operations manuals, quality assurance policy manuals, and archived U.S. Department of Defense contracts. During data analysis using Yin's 5-step process of compiling, disassembling, reassembling, interpreting, and concluding the data, 4 themes on strategies emerged: (a) communication strategy for successful completion of contracts, (b) technology strategy to monitor contract compliance, (c) training strategy for program managers, and (d) subcontractor selection strategy. The findings indicated that communication among all contract parties was an essential component of each of the 4 themes. Computerizing the contracting workflow to monitor compliance efforts, training program managers for effective oversight of contract compliance, and selecting subcontractors were vital elements of the strategies private sector defense contractors used to meet all the terms and conditions of U.S. Department of Defense contracts. The implications for positive social change include the potential for private sector defense contractors to improve the strength of the defense of the northwest Florida community, lower unemployment, and provide a safer environment for humanity.

Magistro baigiamojo darbo tema - „Nuostoliai ir jų atlyginimas statybos sutartiniuose santykiuose“. Raktiniai žodžiai: nuostoliai, nuostolių atlyginimas, statybos rangos sutartiniai santykiai, statybos rangos sutartis, užsakovas, rangovas. Magistriniame darbe analizuojami statybos sutartiniai santykiai. Atsižvelgiant į tai, kad statybos ranga yra populiariausias statybos organizavimo būdas, darbe nagrinėjami santykiai, kylantys iš statybos rangos. Vartojimo ranga darbe nenagrinėjama. Statybos rangos sutartinių santykių pagrindas yra šalis siejanti sutartis. Nuostoliai sukeliami tada, kai viena iš šalių arba abi šalys neįvykdo arba netinkamai įvykdo sutartį. Pirmame skyriuje nagrinėjami bendrieji nuostolių klausimai tokie kaip, nuostolių sąvoka, rūšys, nuostolių atlyginimo sąlygos bei atleidimas nuo nuostolių atlyginimo statybos rangos sutartiniuose santykiuose. Antrame skyriuje nagrinėjami nuostolių ir jų atlyginimo ypatumai ikisutartiniuose statybos rangos santykiuose. Trečiame skyriuje analizuojami dažniausiai pasitaikantys statybos rangos sutarties pažeidimai, jų kilimo priežastys, nuostoliai, kurie kyla dėl sutarties pažeidimų, bei jų atlyginimas. Išanalizavus teisės aktus, teisės doktriną bei teismų praktiką, patvirtinami darbe nurodyti ginamieji teiginiai. Kadangi Lietuvoje nėra vieningos nuomonės, kokią atsakomybę taikyti ikisutartiniuose santykiuose, dėl to nuostoliai ne visada yra tinkamai atlyginami statybos rangos ikisutartiniuose santykiuose. Taip pat, autorė... [toliau žr. visą tekstą] / The subject of master work – „Damages and their compensation in construction contractual relations“ Keywords: damages, compensation for damages, construction contractual relations, construction contract, client, contractor. In this master work author analyses construction contractual relations. Consumer contract relations are not the object of analysis. The base of construction contractual relations is a construction contract. When one of contract parties or both parties breaches the contract that causes damages. In the first part author analyses general questions about damages. Damages concept, types of damages, conditions for damages compensation, releases from damages compensation in construction contractual relations. In the second part author analyses damages and their compensation in pre-contractual construction relations. The third part of the work is commited to analysis of the most common breach of construction contract, causes of breach of contract and also damages and their compensation in construction contractual relations. After accomplishing analysis of legal act, law doctrine and practice of Lithuanian Courts, author can prove defended statements. Since there is no consensus about what kind of liability should be in pre-contractual relations in Lithuania, damages in construction contractual relations are compensated wrongly. Also author confirmes that imperative duty to cooperate is one of the remedies to avoid damages or reduce existing damages to a minimum... [to full text]