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Abbas, N M A (2007) Construction claims in Saudi Arabia: a study of sources and associations of claims, Unpublished PhD Thesis, Department of Civil Engineering, University of Strathclyde.
Abdalall, S (2017) Concurrent delay analysis in public works construction disputes: a cross-jurisdictional study of Egypt, Scotland and England, Unpublished PhD Thesis, Law School, University of Strathclyde.
Adjei-Kumi, T (1997) The development of an intelligent system for visual simulation of construction projects, Unpublished PhD Thesis, , University of Strathclyde.
Al-Meshekeh, H S S (1991) The relationship between conflict management style and construction project effectiveness, Unpublished PhD Thesis, , University of Strathclyde.
Alahmadi, N H (2018) Nudging contracting firms rivals within municipal road projects in Saudi Arabia to bid competitively, Unpublished PhD Thesis, Department of Architecture , University of Strathclyde.
Bell, T (2018) A detailed investigation into the engineering properties and challenges affecting the potential introduction of a UK grown dowel-laminated timber floor panel into the domestic construction market, Unpublished PhD Thesis, Department of Architecture, University of Strathclyde.
Branki, C N E (1995) Agents, applications, and interactions in collaborative building design, Unpublished PhD Thesis, , University of Strathclyde.
Campos, C R (2023) Simplified Matlab calculation tool for LCA optimization of domestic buildings, Unpublished PhD Thesis, , University of Strathclyde.
Charley, J (1995) The dialectic of the built environment: A study in the historical transformation of labour and space, Unpublished PhD Thesis, , University of Strathclyde.
Coffey, M (1995) The propensity for participation in mechanical and electrical sub-contractors in the British construction industry, Unpublished PhD Thesis, , University of Strathclyde.
Collins, H J (2007) Identity and interpretation of the built environment: a case study of interpretation of symbolic artefacts in the organisational built environment and it's effect on the identity forming process, Unpublished PhD Thesis, , University of Strathclyde.
Craigen, A (1990) Britain's school building estate: evaluation by life cycle for effective maintenance, with an illustrated study on Glasgow schools, Unpublished PhD Thesis, , University of Strathclyde.
Cummings, A J G (1980) The York Buildings Company: A case study in eighteenth century corporation mismanagement, Unpublished PhD Thesis, , University of Strathclyde.
Duncheva, T A (2019) Offsite timber systems multi-factor productivity index, Unpublished PhD Thesis, Department of Architecture , University of Strathclyde.
Hajjah Dayang Suzana, B H A A (2006) An exploration of the business environment of the construction industry of Negara Brunei Darussalam: in the context of public-private partnerships, privatisation and private finance initiatives, Unpublished PhD Thesis, Department of Architecture and Building Science , University of Strathclyde.
Hand, J W (1998) Removing barriers to the use of simulation in the building design professions, Unpublished PhD Thesis, , University of Strathclyde.
Hassanien, A (2003) Analysing hotel repositioning through property renovation in the hospitality industry, Unpublished PhD Thesis, The Scottish Hotel School , University of Strathclyde.
Hughes, J (2020) Global claims in engineering and construction contracts, Unpublished PhD Thesis, Law School , University of Strathclyde.
- Type: Thesis
- Keywords: complexity; construction law; negligence; UK
- ISBN/ISSN:
- URL: http://digitool.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=33382
- Abstract:
In the UK over the last 50 years or so, legal developments in relation to extensions of time and/or monetary compensation for delays in construction projects, have been both cautious and incremental. In order to contend with the practical difficulties inherent in the construction industry, the courts have established various legal concepts and principles, not least those pertaining to claims which, given the often complex nature of construction projects, are evidentially difficult to prove; and where a myriad of events,which are both the employer and contractor responsibility, may have caused a composite loss and/or delay. The foregoing claims are commonly understood by the construction industry as being global in nature, the legal determination and assessment of which remains, to a degree intractable. In the last 20 years or so, there has been a growing perception in the construction industry that the UK courts are becoming more sympathetic towards global claims. This perception is evidenced in a revision made between the 1st and 2nd Editions of the Society of Construction Law's Delay and Disruption Protocol, which has moved from global claims being 'rarely accepted by the courts' to 'an apparent trend for the courts to take a more lenient approach towards global claims'. This thesis examines the foregoing proposition by adopting an exhaustive, historical case based analysis of the UK case law relevant to global claims from its origins in the 1960's, until the present day. The doctrinal approach, including an in-depth analysis of authoritative literature on the subject, reveals that aside from a softening of judicial language and certain clarifications; the UK courts are not, in fact, taking a more lenient approach to global claims. The thesis also provides an updated and fresh perspective on various legal principles germane to the phenomena of global claims, such as the burden of proof, causation, contributory negligence, the dominant cause and apportionment. The research also identifies and explains certain jurisprudential disparities between the English and Scottish courts, in particular how causation is applied differently to global claims where competing causes are evident. In consequence, it is submitted that despite creative application of the law, the disparity in the judgements, north and south of the border may have inadvertently tightened the Gordian knot, the courts set out to untangle. In light of this complexity, the thesis also includes a framework with support diagrams,in order to assist a claimant in navigating its way around the preconditions required in order to maximise its chances of successfully pleading a claim which may include an element of globality.
Ibrahim, W A B (2016) Regulatory framework for adjudicators in the Malaysian construction industry, Unpublished PhD Thesis, Law School , University of Strathclyde.
Makulsawatudom, A (2003) Construction productivity measurement and improvement in Thailand by improved work-sampling, Unpublished PhD Thesis, Department of Architecture and Building Science, University of Strathclyde.
Mansfield, N R (1990) The internationalisation of the British construction consulting sector and technology transfer in developing countries, Unpublished PhD Thesis, Department of Marketing , University of Strathclyde.
McElroy, L B (2009) Embedding integrated building performance assessment in design practice, Unpublished PhD Thesis, Department of Architecture and Building Science , University of Strathclyde.
McLellan, R (1994) The use of project management procedures by construction contractors, Unpublished PhD Thesis, Department of Civil Engineering , University of Strathclyde.
Mohd Nor, M F I (2019) The development of a pedagogical framework for the integration of building information modelling in the architecture degree programme in Malaysia, Unpublished PhD Thesis, Department of Architecture , University of Strathclyde.
Morbitzer, C A (2003) Towards the integration of simulation into the building design process, Unpublished PhD Thesis, , University of Strathclyde.
Nakhi, A E (1995) Adaptive construction modelling within whole building dynamic simulation, Unpublished PhD Thesis, , University of Strathclyde.
Newton, S (1983) Analysis of construction economics: a cost simulation model, Unpublished PhD Thesis, Department of Architecture and Building Science , University of Strathclyde.
Orsaah, S (1984) Perception and management of risk in the construction industry, Unpublished PhD Thesis, Department of Marketing , University of Strathclyde.
Salamati, A A (2001) Urban housing design in Iran in response to socio-cultural and environmental conditions, Unpublished PhD Thesis, Department of Architecture and Building Science, University of Strathclyde.
Sinha, S (2006) Skill based framework for measuring complexity of construction projects, Unpublished PhD Thesis, , University of Strathclyde.
Tennant, S (2007) Site management teams and project performance in the UK construction industry, Unpublished PhD Thesis, Department of Architecture , University of Strathclyde.
Verzobio, A (2020) Supporting rational decision-making in civil engineering, Unpublished PhD Thesis, , University of Strathclyde.
Walters, R J (1983) An evaluation of user experience of CAAD: With particular reference to health buildings, Unpublished PhD Thesis, , University of Strathclyde.
Wools, R M (1971) The subjective appraisal of buildings, Unpublished PhD Thesis, , University of Strathclyde.
Yakubu, S U-N (2017) The barriers to the implementation and enforcement of the Building Code Standards Structural Provisions for mid-rise residential buildings: the case of Nigeria, Unpublished PhD Thesis, , University of Strathclyde.
Zhang, L (2022) Risk management framework to guide off-site manufacturing process: a Chinese perspective, Unpublished PhD Thesis, , University of Strathclyde.
Zubairu, M (1990) Sites and services housing development: Strategies for improving the effective demand for projects by low-income families in the urban areas of Nigeria, Unpublished PhD Thesis, , University of Strathclyde.