Adjudication is currently in its green age, where many lessons and experience are yet to be learnt. The implementation since its first introduction in 2012 has shown a progressive dynamic as it is widely applied, with many claims resolved, despite numerous being referred to arbitration and litigation. Challenges made against the adjudication decision under various bases and the court only allows for limited grounds for challenges. The paper aims to establish the valid approaches to challenge adjudication decision within the Construction Industry Payment and Adjudication (CIPA) Act 2012 implementation. The objectives include underlining the common problems occurring within the implementation through the behaviour of adjudication practice and studying the basis for challenges in adjudication decision. Law case analysis was carried out using thematic analysis by extracting court judgements from several law cases and categorizing them within a particular theme. Once the data with similar theme was filtered, deductive reasoning was used to extract the conclusion. Limited grounds for admissibility of challenges included a claim against adjudicator acting in excess of his given jurisdiction and/or adjudicator who is in breach of natural justice. Limited ground for challenges are important to ensure the relevance of the adjudication institution while maintaining the role of the judiciary in conserving the fairness and justice within its implementation.
Green practices in the construction industry are coined based on the concept of protecting the environment and providing a more environmentally friendly solution for the construction activities. Various green practices had been introduced namely in the use of green materials, green management and also technology. However, after decades of efforts, the industry is still daunted by the issues such as lack of awareness and knowledge that hinder the full adoption of green practices in the industry. Thus, this paper aims to explore the knowledge sharing behaviour among construction stakeholders to accelerate green practices adoption in the construction industry. There are four knowledge sharing behaviours identified from this paper that possibly can influence the green practices acceptance and adoption in the industry. This paper is based on conceptual findings conducted through literature review.
Legal studies and law related subject are unattractive to technical, engineering and design-based students. The research aims to explore the best way to approach legal studies for built environment students by examining the perceptions towards legal subjects, studying the method used in universities and finally, obtaining the best approach to tackle the least popular subject. Questionnaires were distributed to built environment students from Malaysian universities. The data collected were then processed using SPSS Software to better analyse the outcome. It is discovered that the students acknowledged the importance of legal subjects in preparing them for the industry. However, due to the unfamiliar nature and style of studies from what these students are accustomed to, deterred the students from taking great interest in the subjects. Improvement in the content of the syllabus and teaching approach are important in effort to make it less ‘black letter’ and less traditional, into something more animated and built-environment-friendly.
Malaysia’s construction industry is rapidly growing from time to time. The bidding decision of construction projects is a very complex decision-making process which affected by several factors. Usually, to obtain good quality, cost, time, and safety is the primary goal of the construction project, which the contractors will compete in the tendering process to get a project, and most of the construction work in Malaysia was awarded based on competitive tendering. With the limited information and time, the contractor has to decide whether to tender or vice versa. The paper aims to explore the challenges in conducting strategic decisions in tendering among contractors in Malaysia. A set of questionnaires are used to collect the data for the study. The sampling method used in this study was random sampling and quota sampling. The study only focuses on the contractors in Klang Valley as Klang valley is known as the heartland of Malaysia’s industry and commerce. The data was gathered and analysed by using SPSS. The result of this study was in the form of ranking with the mean value as the ranking indicator. As a result of the questionnaire, most respondents agree that the biggest Challenges in conducting strategic decisions in tendering are the need of the contractor to win a project. The contractor must have sufficient data in deciding to tender. Adequate information regarding the project is vital as it acts as a reference for an estimator to estimate the project cost. Estimating is a critical factor that influences the contractor’s success in the tendering and ensures that the contractor can do the work diligently as stated in the contract.
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