June 2017
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28 Reads
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June 2017
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28 Reads
January 2017
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55 Reads
The fundamental drive behind the introduction of the statutory adjudication scheme is to improve cash flow within the construction industry and also to provide a swift and inexpensive means of resolving construction disputes. While cash flow is widely regarded as the lifeblood of the construction industry, unfair payment practices remain a lingering issue affecting the delivery chain. Most often, contractors and subcontractors at the lower rung of the contractual chain face financial difficulties from main contractors who delay or refuse payment in the knowledge that court and arbitration proceedings are often too expensive and a slow remedy for the smaller contractors in particular. These oppressive acts, in many instances, have led to insolvency of the lower-chain players and, as such, generated serious concerns within the construction industry. Consequently, statutory adjudication was introduced in several countries globally to offer swift relief to the financially squeezed and cash-starved (sub)contractors. Similar legislation is about to be promulgated in the South African (SA) construction industry. This paper details the experts' views on critical factors that can enhance the effective implementation of the statutory adjudication process in SA. Data were gathered through qualitative interviews with fifteen adjudication experts that have direct interaction with profound knowledge of the adjudication process in the United Kingdom (UK), Australia, Singapore and Malaysia. The findings reveal the influencing factors in the form of combinations of 'enablers' and 'drivers' upon which successful implementation of statutory adjudication and the realisation of the benefits it has to offer could be hinged.
August 2016
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11 Reads
The study investigates disputes that are peculiar to the integrated system of procurement by examining major factors relating to actions and inactions of project participants and external factors. It evaluates the criticality and intensity of the identified causes of disputes on projects procured by the integrated procurement strategy. Data were obtained through questionnaire survey from construction professionals that are involved in integrated system of procurement in Gauteng, South Africa. The results revealed that-design related problems‖,-claim and contractual problems‖ and,-financial issues‖ are the three prominent dispute areas in the integrated procurement system. The results also showed that disputes were most intense in financial and payment issues. The study finally concluded that adequate provisions for disputes avoidance strategies are required to address the identified dispute areas under the integrated procurement strategy.
August 2016
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20 Reads
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1 Citation
Purpose This paper presents the outcomes of data analysis of experts' perceptions on the critical challenges to effective statutory adjudication implementation. The paper further highlights the causes and consequences of the identified challenges, and finally presents a suggested approach to prevent the identified challenges. Design/methodology/approach The conduct of the qualitative interview followed Patton's general interview guide principles and was carried out in accordance with the phenomenological approach through the use of Skype interviews with adjudication experts from the United Kingdom, Australia, Singapore and Malaysia. Findings The study reveals that the effective implementation of statutory adjudication could be threatened when there are challenges. Seven categories of challenges were identified in the study and the possible means of avoiding the identified challenges were also suggested. Practical implications Arising from the findings, the application of proposed means of avoiding the identified implementation challenges would positively lead to the effective operation of statutory adjudication practice in the South African construction industry. Value The avoidance strategies proposed from the study will ensure cheap and quick resolution of construction disputes through the use of statutory adjudication mechanism in the SA construction industry.
July 2016
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151 Reads
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5 Citations
Journal of Engineering Design and Technology
Purpose Incentives are mechanisms used to create genuine opportunity for contracting parties to work together to achieve good results, rational returns and bear appropriate risks. The question of how to motivate the construction workforce rightly so as to achieve best performance has remained paramount to project owners. This paper aims to investigate on how to model for incentive payoffs in the Nigerian construction industry to effectively use the benefits of incentive mechanisms. Design/methodology/approach The collected data are analysed using descriptive and inferential statistics, such as frequency counts, charts and principal component analysis. Findings The findings reveal the metrics for measuring organisational incentive payoff and the scaling factor for each metric. The study further develops the employee incentive payoff models for both operational workers and management staff in the construction sector. Originality/value This study provides a practical solution to the application of incentive mechanisms in construction projects. The paper recommends the need for restructuring of incentive mechanisms to significantly impact on other performance criteria, therefore contributing to best performance in project delivery.
July 2016
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17 Reads
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1 Citation
The concept of adjudication is no longer new in the South African construction space. The forms of contract in use and that are endorsed by the Construction Industry Development Board (CIDB) incorporate adjudication as a standard form of dispute resolution. However, a careful observation indicates that sufficient attention has not been given to adopting the adjudication provisions by contracting parties on public sector projects. This paper discusses the existing adjudication provisions in the standard forms of contract, review current practices of contractual adjudication and thereafter evaluate adjudication potential in resolving disputes among public sector contracting parties. The paper analyses the current status of adjudication practice in South Africa by systematically reviewing selected articles and documents on both contractual and statutory adjudication with emphasis on the South African construction industry. The analysis of the selected documents reveals that there are adequate provisions for adjudication in the current forms of contract endorsed for usage in the South African construction industry and as such, the adjudication process has the potential to resolve disputes effectively among the public sector contracting parties. The value of the paper is that it alerts the industry to give adequate consideration to factors that can promote more and effective usage of adjudication provisions by public sector contracting parties.
September 2015
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31 Reads
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3 Citations
Purpose The concept of adjudication is no longer new in the South African construction space. All the modern forms of contract in use incorporate adjudication as a standard form of dispute resolution. However, a careful observation indicates that sufficient attention has not been given to adopting the adjudication provisions by contracting parties on public sector projects. This paper discusses the existing adjudication provisions in the standard forms of contract, review current practices of contractual adjudication and thereafter evaluate the potential of adjudication as an alternative dispute resolution process in resolving disputes among public sector contracting parties. Design/methodology The paper analyses the current status of adjudication practice in South Africa by systematically reviewing selected articles and documents on both contractual and statutory adjudication with emphasis on the South African construction industry. The methodology involves the examination and analysis of selected documents and published literatures. Findings The analysis of the selected documents reveals that there are adequate provisions for adjudication in the current forms of contract endorsed for usage in the South African construction industry. However, the public sector contracting parties rarely invoke adjudication provisions when disputes arise. This paper therefore provides a future direction by indicating the need to identify the constraints to effective adoption and invocation of adjudication provisions by public sector contracting parties. Original/value of paper The study adds to the body of knowledge by creating an insight into the potential of adjudication in resolving disputes among public sector contracting parties in South Africa. The study also alerts the industry to give adequate consideration to factors that can promote more effective usage of adjudication provisions by public sector contracting parties. Keywords: Adjudication, disputes, public sector, South Africa
November 2014
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769 Reads
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2 Citations
June 2014
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480 Reads
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1 Citation
Acta Structilia
Incentives are regarded as motivational tools which can be used to propel construction workforces to achieve project objectives. This article contributes to the existing body of knowledge by evaluating the current practices of incentive mechanisms in the South African construction industry and identifying the challenges confronting the use of incentives. The study adopts both qualitative and quantitative methods for data collection. For the quantitative approach, a total number of 52 project stakeholders practising in Gauteng participated in the survey by completing the structured questionnaire. The questionnaire survey is used to obtain information from respondents, in order to assess their perceptions on the impact of current practices of incentives on work productivity and the construction industry. For the qualitative approach, personal interviews were conducted with selected respondents to clarify their answers. The findings reveal ‘unattainable project goals’, ‘poor communication processes’, and ‘inappropriate contractual arrangement’ as the most significant challenges confronting the use of incentives in the South African construction industry. The findings reported in this article show problems frustrating the absolute absorption of incentives in the industry, and also contribute to redesigning the incentive plan so as to improve project performance.
December 2013
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607 Reads
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1 Citation
The construction industry employs a high percent of workforce with the highest record of job losses when compared to other industrial sectors. Notwithstanding, the demand for best performance in construction activity has also increased dramatically. South Africa is among the most financially advanced countries in Africa with only few large construction firms. The biggest challenge in the South African construction industry is an acute shortage of skilled workforce. Most of the construction firms are regarded as unorganized and fragmented in nature. This paper is focused on reviewing the workforce motivation and their impact on job performance in the South Africa's construction industry. The review is part of an ongoing research, which is focused on resolving the current issues of unemployment, shortage of skilled workforce, and poverty in the industry. The paper creates an insight into the construction workforce motivation in the South Africa's construction industry and how the work productivity is influenced.
... The South African construction industry is not spared in this unhealthy act (CIDB annual report, 2012;Maritz, 2014). In South Africa, delayed payments have traditionally been particularly common especially in public sector projects (Mewomo and Maritz, 2015;CIDB, 2015;Maritz and Mewomo, 2016). Often, the issue of delayed payments has not only resulted in protracted disputes and adversarial relationship between contracting parties but has significantly threatened the social and economic objectives of the country, thus affecting the national economic growth (CIDB, 2015;Rahman and Ye, 2010). ...
September 2015
... The South African construction industry is not spared in this unhealthy act (CIDB annual report, 2012;Maritz, 2014). In South Africa, delayed payments have traditionally been particularly common especially in public sector projects (Mewomo and Maritz, 2015;CIDB, 2015;Maritz and Mewomo, 2016). Often, the issue of delayed payments has not only resulted in protracted disputes and adversarial relationship between contracting parties but has significantly threatened the social and economic objectives of the country, thus affecting the national economic growth (CIDB, 2015;Rahman and Ye, 2010). ...
July 2016
... In investigating the presence of kaizen within an SMSCC in Nigeria, identifying waste reduction policies within these organisations gave an inkling of how the management function addresses continuous improvement. Reviewing existing policies on waste reduction gives a clearer understanding of how the system behaves towards cost reduction (Olanrewaju and Anavhe, 2014;Ogwueleka and Maritz, 2016). Effective productivity will lead to the reduction in waste management. ...
July 2016
Journal of Engineering Design and Technology
... The construction sector in Akwa Ibom is very active with a significant number of important construction works currently ongoing. Maritz and Ogwueleka (2012) observed that the oil rich status of Akwa Ibom State ensures that it receives a high revenue allocation from the Nigerian federation and deploy same into the massive procurement and construction of infrastructure projects. Most of the construction works are executed on the basis of a contract signed between a client and a contractor, and it is likely that there could be a contractual breach by one party or the occurrence of an event that will cause delay or disruption as the construction work proceeds in the face of the ravaging COVID-19 pandemic. ...
December 2012
... A high rating of factors related to injustice confirms Adams' message. People are inspired to work hard only when the treatment is fair [29]. Otherwise, productivity will be at a level close to the average among the same category workers operating at the same organizational level. ...
December 2013
... Other studies linked organisational justice to organisational commitment. Previous studies that focused on fairness and organisational commitment 3,8 , Fairness, organisational commitment and other behavioural factors 1 Justice and Organisational Commitment 2,9-12 , Justice and Other behavioural factors [13][14][15][16][17] , Fairness and other behavioural factors 6,[18][19][20][21][22] . Out of this number, only seven studies 3,8 focused on the relationship between fairness and commitment, 2,[9][10][11][12] none of the studies investigated construction industry workers. ...
November 2014
... The South African construction industry is deemed crucial based on its operations are still mostly labour-intensive within the emerging economics (Ogwueleka and Maritz 2014: 6). The construction industry also plays a significant role, with ripple effects in supporting other economic sectors through provision of building and engineering infrastructure assets (Ogwueleka and Maritz, 2014). and thus, slow adoption of the emerging technologies within the construction industry makes it prone to low productive and cost overruns due to rudimentary style of construction planning and delivery (Castro-Lacouture, 2009).Therefore, the following hypothesis H1 was formulated: H1: The usage of robotic tool and techniques will significantly enhance modern construction project delivery in South African construction. of site space, logistics, and initial layout prior to project work commencement.Therefore, the following hypothesis H5 was formulated: H5: 3D printing and virtual reality (VR) has a huge potentiality to significantly enhance modern construction project delivery and performance in South African construction industry. ...
June 2014
Acta Structilia
... Occupational health hazards have become an increasing concern for governmental organizations and workforce, particularly in the construction industry, owing to the short-and long-term health impairments attributed to the exposure to hazardous substances . Globally, the construction industry is the largest industry, employing majority of the human workforce (Ogwueleka and Maritz, 2013). ...
October 2013