Changing times for built environment legal scholarship

Chynoweth, Paul

doi:10.1108/ss.2007.11025caa.001

Cited by 2 publications

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“…One of the priorities for the "new academic community" of legal scholars described in this journal (Chynoweth, 2007) was to communicate its purpose, norms values and methodologies to the wider built environment research community in which it resides. The exposition of the following methodology is intended to support the further development towards the blossoming of legal scholarship within the built environment.…”

Section: Methodsmentioning

confidence: 99%

The new Construction Act: views and perceptions of construction industry stakeholders

et al. 2012

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Purpose -Part II of the Housing Grants, Construction and Regeneration Act 1996 introduced major changes to the way in which construction contracts are administered. The payment and adjudication provisions, in particular, have been well received by the United Kingdom construction industry and can be viewed as a success. However, avoidance tactics aimed at reducing liability for payment and discouraging payees away from adjudication became commonplace. The response from Parliament is contained in the Local Democracy, Economic Development and Construction Act 2009, which came into force on 1 October 2011. The purpose of this paper is to analyse stakeholders' first impressions of the new Act and disseminate the insights gained to the industry and policymakers. Design/methodology/approach -Following a review of the current and proposed legislation, industry views were collected by an electronically administered survey. The views of construction industry stakeholders on how the new Act will operate and its prospects of delivering the intended outcomes were ascertained and are presented. Findings -The survey findings indicate there is broad support for the original Act and for the amendments made in the new Act, tempered with pessimism about the likely inability of the new measures to address issues around entrenched industry practice. Avoidance and evasion of key terms is contemplated, for instance in relation to extending payment terms and drafting contracts in favour of the paying party. Originality/value -The conclusions reached call into question the extent to which improvement of this aspect of the construction industry can be achieved by statutory intervention alone, particularly in testing economic circumstances.

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Section: Methodsmentioning

confidence: 99%

The new Construction Act: views and perceptions of construction industry stakeholders

et al. 2012

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“…Regarding methods, the article employs the "applied legal research" method [5] to review and analyze Vietnam's legal documents to define the gaps in the current regulations in terms of the delay in delivery of goods. Besides that, the "comparative legal research" method is adopted to compare the Vietnam Maritime Code 2015 with the international conventions and the China Maritime Code 1992 to propose a suitable solution to improve the regulations of delay in delivery of goods.…”

Section: Introductionmentioning

confidence: 99%

Delay in Delivery of Goods under the Contract of Carriage by Sea in the Vietnam Maritime Code 2015: A Comparative Approach

Hanh

2024

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Delivery of the goods is the carrier’s obligation under a contract for the carriage of goods by sea, which is stipulated in international conventions and national laws. Delay in delivery of goods could lead to disputes between the carriers and cargo interests if the carriers’ liability is not regulated explicitly by the laws and the contract. This paper concentrates on analyzing the regulations of delay in delivery of goods and the carrier’s liability in the Vietnam Maritime Code 2015, compared with the Hamburg Rules 1978, the Rotterdam Rules 2008, and the China Maritime Code 1992, finding the shortcomings of these regulations in the Vietnam Maritime Code 2015, and suggesting the proper amendments. The article employs the applied legal research method and the comparative legal research method to examine: i) the definition of delay in delivery of goods; ii) the liability of the carrier and the limitation of liability for the delay in delivery; iii) notice of loss resulting from delay in delivery. Based on the results of the examination, the article presents the shortcomings of the particular regulations in terms of these matters in the Vietnam Maritime Code 2015, suggests five amendments, and supports Vietnam in ratifying the Rotterdam Rules 2008.

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Changing times for built environment legal scholarship

Cited by 2 publications

References 0 publications

The new Construction Act: views and perceptions of construction industry stakeholders

The new Construction Act: views and perceptions of construction industry stakeholders

Delay in Delivery of Goods under the Contract of Carriage by Sea in the Vietnam Maritime Code 2015: A Comparative Approach

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