Construction Law Research Articles

Application of BOPPPS Collaborative Case Teaching Method in Construction Law Classroom Instruction

This study focuses on students majoring in Engineering Management and explores the teaching model of the BOPPPS Collaborative Case Teaching Method in the Construction Law course. The research involves reforming the teaching model, introducing construction law cases, utilizing online platforms, and improving evaluation methods. The aim is to “activate” the classroom, shifting from traditional teaching to guided learning, achieving a synchronous resonance between teaching and learning. This approach intends to provide students with the time and space to enhance their ability to explore new knowledge and analyze and solve problems. It also seeks to improve students’ awareness of engineering and law, cultivate their innovative abilities, and contribute positively to enhancing the quality of talent cultivation in higher education institutions.

Water consumption rates in indoor swimming pools: Analysis of design assumptions in the context of green deal implementation

A significant part of the operating costs of indoor pools is influenced by the demand for water and the amount of sewage discharged. In Poland, there are no current national guidelines for the design of pool installations. Designers often use the guidelines of the German standard DIN 19643, the application of which in Poland is limited due to construction law regulations. The aim of the work is to analyze design assumptions (guidelines for designing water supply and sewage installations) vs. actual water consumption in a selected Auapark (case study). The analysis takes into account new design solutions (water recovery from washings, rainwater management, new filter design), irregularities in the implementation assumptions (oversized installation diameters), existing operational problems related to appropriate water quality and reference to the seasons (March 2023 - June 2024). It has been shown that the use of modern solutions, consistent with the idea of sustainable development, in the field of water and sewage management allows to significantly reduce the demand for water and sewage discharged in relation to the currently adopted indicators and assumptions in this area. For example: in summer, the consumption of water was 36.3 m3/d, while the projected consumption was 132.5 m3/d.

Reconstruction of Law Enforcement Rule for Employers of Medical Practitioner without Practice Licenses Based on Restorative Justice

In Indonesia, current constructive law lacks clear regulation regarding the enforcement of laws against employers who hire medical practitioner without practice licenses. As a result, law enforcement often relies on general statutes such as the Penal Code or Civil Code, treating offenders similarly to criminals. This situation emphasizes the urgent need for specific rule that adhere to principles of restorative justice. This study aims to study the absences in current law enforcement rule pertaining to employers of unlicensed medical practitioner, explore these issues from a restorative justice perspective, and propose a reconstructed regulatory framework grounded in restorative justice principles. The research employs a constructivist paradigm with a descriptive-analytical approach, utilizing socio-legal methods within a qualitative research design. Data consist of primary, secondary, and tertiary legal materials gathered through literature review, observation, and interviews, and are studied qualitatively. The findings reveal that existing rule do not follow to principles of restorative justice. Enforcement lacks consistency, hindering the equitable access of the public to law enforcement, justice, and benefits. Weaknesses include the absence of specific legal provisions and insufficient knowledge among law enforcement officials regarding healthcare law, resulting in inconsistent enforcement practices. Illustration on international and national legal insights, the study proposes a reconstructed legal framework that ensures balanced protection for employers, medical practitioner, and patients, promoting dignified and high-quality healthcare services free from stigma, and showed with fairness and professionalism. Reconstructing legal norms such as Article 442 and healthcare legislation could create a balanced law enforcement regulation that upholds legal enforcement, legal utility, and societal justice perceptions.

Will the new definition of a building structure as a subjectof real estate tax put an end to interpretation disputes?

Cascading terminological connections with the provisions of construction law have led to a pathological mechanismof amending the real estate tax without changing the tax act, but through changes to a large group of normativeacts that, prima facie, have nothing to do with taxes. As a result of the Constitutional Tribunal’s judgmentin case SK 14/21, the Ministry of Finance prepared an amendment to the Act on local taxes and fees, which is intendedto cut off connections with the provisions of construction law.

Legal Analysis of Default in Construction Projects Involving Individuals: A Case Study of Guesthouse Construction.

In the realm of construction, contracts form the fundamental basis of projects involving multiple parties with clear responsibilities and obligations. This research explores a case of breach of contract (wanprestasi) in a construction project involving an individual, which not only caused financial and reputational harm to other parties involved but also compromised the integrity and quality of the project. The legal framework governing construction services and contracts, including Article 1 paragraph (3) of Law Number 2 of 2017 concerning Construction Services, sets the ground for understanding obligations and rights under Indonesian civil law. The methodology employed in this study is a qualitative analysis, focusing on the application of legal principles, relevant regulations, and real-life practices related to cases of breach of contract using literature reviews and case document analysis. This approach has allowed for an in-depth understanding of the legal norms and the actual enforcement of laws in similar situations. The findings reveal that the specific breaches included not meeting agreed specifications and delays in project completion, which are deemed as wanprestasi under Article 1243 of the Indonesian Civil Code. These violations stem from poor project management, opaque fund usage, and unilateral decisions by the executing party, highlighting the need for stringent legal enforcement and protection for the aggrieved parties. Keywords: Construction Law, Breach of Contract, Legal Enforcement, Project Management, Civil Law

Designing movement space for elderly and disabled people in the construction law in selected countries.

Building law regulations determine designing the built environment recognising the needs of users of different ages and psychophysical abilities. Seniors and their spatial needs are covered there to a limited extent. The benchmark for design are wheelchair users. Their spatial requirements are greater in relation to independent walkers, including most older people. This makes it difficult to adapt the whole built environment to the needs of people with less mobility dysfunction. This can be considered in terms of spatial design and investment costs. The paper analyses the building regulations of 3 countries in terms of legal conditions to shape the architectural movement space of older people and disabled people. Analytical and comparative methods are used. Such research is becoming relevant and necessary. The analyses are conducted in the context of ageing populations. They are justified by statistical data on the age groups of Polish society. This is followed by design analyses of the legal requirements in the wheelchair movement space and proposals for alternatives, e.g., people walking with canes (case study). Their aim is to indicate methods to limit excessive communication spaces in buildings while maintaining functional values for all users. Research may show the possibility of greater diversification of regulations and alternatives to current laws. They are dedicated to participants in investment processes to shape accessible buildings. They can also be used in legislative work on amendments to the construction law. Changes in building regulations and a detailed approach to the mobility needs of older and disabled people (walking independently) are proposed. These decisions can provide benefits (spatial and economic savings). They fall into the "design for all" trend and sustainability of the built environment. These demands are based on no longer valid normative regulations. Med Pr Work Health Saf. 2024;75(3):189-197.

Construction Law Quarterly

Construction Law Quarterly

New Construction Laws

The new Construction Act became the object of interest of many lawyers and representatives of towns and municipalities. Despite many amendments, the original Construction Act is outdated, cumbersome and inflexible, and along with it, the Act on Spatial Planning and Amendments to certain Acts is changing. Thanks to the introduction of the Urbion information system, the issuance of construction permits will be speeded up and facilitated, and 13 of the 84 actions required to issue a building permit should remain. It interferes with the competences of municipalities, and even reduces their decision-making on their own spatial development. The contribution is devoted to the legislative changes in question and, in addition to the approximation of the functioning of the new Urbion information system, it also presents the opinions and attitudes of representatives of towns and municipalities in relation to spatial development and spatial planning.

2023년 행정법 중요 판례 평석: 건설행정법 판례를 중심으로

The Supreme Court sentenced a number of meaningful administrative law rulings in 2023. Many of them are based on individual public law regulations and specific problems arising from them. In this article, several rulings related to the ‘Public Construction Law’ were selected and examined. ① The Supreme Court’s sentence of 2022DU31143 on September 21, 2023 confirms once again that it is necessary to obtain ’the legal status of being allowed to development’for construction in addition to securing a source of use of land. It is meaningful in that it declared that the above requirements are also necessary for notification of building construction. Considering the judgment, it has been more clearly confirmed that the notification of building construction is bound to be regarded as a notification requiring acceptance, and the need for a legislative review of the overall building construction notification system emerges. ② The Supreme Court’s sentence of February 2, 2023, 2020DU43722 is a question of whether the guidelines for the operation of development permission, which are orders of the Ministry of Land, Infrastructure and Transport prepared based on Article 56 (4) of the Enforcement Decree of the National Land Planning Act, are externally binding legal orders. Aside from the evaluation of the conclusions of the judgment, the judgment provides various issues regarding the handling of administrative rules and normative control. ③ The Supreme Court’s ruling on February 23, 2023, 2020Du36724 is meaningful in that it revealed the relationship between members and landowners in housing redevelopment projects in accordance with the Urban Improvement Act, and that the right to receive a house in housing redevelopment projects should be based on the status of members. ④ The Supreme Court’s ruling on October 18, 2023, 2023DU42584 dealt directly with whether indemnity for possession of state property can be imposed on a person who is in a legal position to justify the possession and use of state property but does not get a use permit or sign loan contract. Although we can accept the conclusion of the judgment, it raises the question of the court’s interpretation of the law and its limitations. The above two judgments are examples of how the purpose of a public law can be considered in the interpretation and application of individual public law regulations, and provide implications regarding the legal interpretation method of administrative law.

Diesel/biodiesel/biogas mixtures driven compression ignition internal combustion engines constructal design

This paper introduces a first and second law based transient mathematical model for 4-stroke compression ignition internal combustion engines (CI-ICE) driven by diesel/biodiesel/biogas mixtures to allow for the maximization of system performance. In this way, the CI-ICE morphology that provides easier access to the currents that flow through it is sought, according to constructal law. The total entropy generated in the CI-ICE cycle was calculated by adding the entropy generation in all strokes. An optimization problem was formulated based on the variation of operating and geometric parameters, and the objective functions were the effective and 2nd law efficiencies, ηef and ηII, as well as the destroyed exergy fraction, yD. The optimal ranges found for the bore-stroke, compression and conrod-crank ratios were 0.51≤Bopt≤1.25; 2.07≤ROD/CSopt≤4.14, and 10.23≤CRopt≤33.44 in which ηefηIImax≃0.330.37 with yD,min≃0.66 for D100 (pure diesel), and ηefηIImax≃0.310.35 with yD,min≃0.64 for B50D25NG25 (biodiesel/diesel/natural gas blend). The maxima and minimum found were sharp, since ηef and ηII varied up to 71% and 69% in comparison to their maximum values, respectively, and yD up to 45% in comparison to its minimum value within the adopted ranges of variation of the optimized parameters. Such large variations stress the importance of considering the optimized CI-ICE morphology in actual design, i.e., CI-ICE constructal design.

Construction Law for the Crime of Sexual Harassment in Indonesia: Beyond the Basics of Criminal Law

Sexual Harassment in Indonesian is defined as sexual harassment, which often occurs in society. This kind of condition can be carried out by the community directly or indirectly, physically or verbally, towards the victim. Sexual harassment is an act of a sexual nature that makes the victim feel uncomfortable and disadvantaged, so legal action needs to be taken to take action against the perpetrator. Because there are so many forms of sexual harassment, it seems necessary to examine which acts of sexual harassment qualify as criminal acts according to positive criminal law in Indonesia. In this research, the formulation of the problem raised concerns about how the legal construction of sexual harassment is in criminal law in Indonesia. This research uses a normative juridical method that will analyze acts of sexual harassment that are associated with elements of criminal acts based on criminal law in Indonesia, both based on the Criminal Code and in connection with other related laws and regulations.

General formalism for symmetrically structured flows according to constructal Law

Flows from point to line or to surface (and vice versa) that obey a set of constraints are necessarily structured (Constructal Law). We can observe this feature in natural systems, in man-made systems, in the economy and in society. Here we develop a formalism for general application in point to line and point to surface symmetrical flow structures with constraints. We show that flow structuring occurs between successive branching levels, and that it is possible to find general structuring rules of the respective flow tree according to the Constructal Law.

Analysis of sensor parameters for ultra close range lateral penetration of subway tunnel full section sand layer soil pressure shield tunneling

In order to solve the problem of large disturbance to the stratum caused by shield tunneling in the full face sand layer geology by using the earth pressure balance full bin tunneling technology in the subway tunnel shield construction, this paper presents a parameter analysis of the ultra close side penetration of the full face sand layer earth pressure shield in the subway tunnel. By analyzing the monitoring data of surface settlement caused by subway shield construction, it is concluded that the law of surface horizontal settlement basically conforms to peak settlement theory, and the law of surface vertical settlement basically shows a steady downward trend. Through the mathematical modeling of the cumulative settlement data affected by the shield passing of the right line tunnel at the surface monitoring point, the influence of the shield passing of the left line tunnel on the surface settlement is predicted, and the prediction result is accurate. The experimental results show that the maximum deviation is 1.47 mm and the minimum deviation is 0.03 mm. The prediction accuracy is high and meets the accuracy requirements of practical engineering. Under the same geological conditions and construction parameters, the disturbance law of tunnel shield construction on the ground surface has important guiding significance in practical engineering.

Почва — земельный участок — земля — территория

The article is devoted to the differentiation of some notions in civil law, land law and public construction law of Russia such as soil, categories of lands, land parcel, zone of regulation and territory. The land parcel as a true object of civil law requires its being defined as 3-dimentional thing (res) with corporeal (physical) contents. It does not matter what these contents are — soil, water or mineral resources. Technical description of the land parcel as a 2-dimentional surface (without filling) is one of the method of its individualisation. All other notions — categories of lands, zone of regulation, territory — are the notions of public law. Using these public notions in the description of civil law objects should be eliminated.

A constructal perception of the electromagnetic field

As a law of physics, the Constructal Law (CL) encompasses the electromagnetic field (EMF). Undoubtedly, CL manifests in the functioning principles or in improving the design of machines, engines, and systems where EMF is part of the energy–work–heat conversion chains. Moreover, the EMF constructal design empowers the designer with the freedom to develop more efficient engineered constructs through its actions, controllable by the project and energizing strategy, to adjust, adapt to, or alleviate constraints. In all these instances, EMF fluxes interact, merge, influence, and are influenced by other flows and fluxes.A vacuum system is hypothesized here as a state of extreme rarefaction of matter. EMF's constructal nature extends the CL construal from material and heat flows to fluxes that detach from their source and evolve in space and time (propagate) in ponderable or imponderable systems. Consistently to CL's perception scale (finite-size flow system, not infinitesimal, one particle, or sub-particle), the couplings and interactions between the electric and magnetic fields are assumed to be modeled by Maxwell-Hertz's laws. If ponderable matter occurs, it participates in this evolutionary process. It morphs and flows together with the fluxes.Constructal law may predict fluxes and flows, whether material or not.

Vascular flow design and predicting evolution

Porous materials are usually thought of as amorphous mixtures of two or more things, solids, fluids, and voids. I was drawn to the nature absent from the amorphous: the structure, flow, configuration, design, purpose, and evolution. This article is a pictorial review of the work. It begins with defining the terms: design, freedom, evolution, and prediction (theory). Vascular (tree shaped) architectures offer greater flow access than channels with only one length scale (diameter, slit, wall to wall spacing). The tendency to evolve with freedom toward flow configurations that provide greater access is everywhere in nature, bio, and non-bio. This universal phenomenon is summarized as the Constructal Law of evolution everywhere, which empowers us to predict evolution, miniaturization, high density of fluid flow and heat transfer, and scaling up (or down) of existing designs. Vascular designs are icons of the multiscale design called hierarchy. Vasculatures occur naturally because they flow more easily—they offer greater access—than one-scale designs. All movement in society is hierarchical, from city traffic to global air traffic, fuel consumption, and wealth. The future of evolutionary design everywhere points toward vascular, hierarchical flow architectures that will continue to morph with freedom and directionality.

The freedom law

This article explains (strong) emergence in reductionist terms. Two laws predict the structure of reality from the smallest particles to consciousness. The freedom law predicts (in a reducible way) how and when new systems, life and even new matter will emerge and where reducibility ends. The law of life, that is Bejan's “constructal law,” predicts how this life will evolve or die. If this being or system persists then it is either alive in the sense that it persists and evolves in its “design” while being a process, or it is dead in the sense of being “bricked” after having been alive. But ‘to predict’ is not ‘to understand.’ This article is about understanding. As an illustration and elaboration the laws are applied to heat and fluid flow examples, and to the emergence of consciousness.

Connection between the artistic design of form in architecture and design and laws of psychology and physiology of perception

Specialists who have ever been involved in compositional work could not help but notice that there is a connection between compositional methods and techniques (architects, designers and artists use them in their work) and the fundamental tools of perception that nature has endowed man with and which he uses. The direction of Gestalt psychology is of greatest importance for the chosen topic. This direction describes and studies integral structures that, in principle, cannot be derived from the components that form them. At the same time, the theory of composition studies such laws of construction of a work of art that ensure the integrity of this work. It is quite obvious that the process of creating an attractive form simply must be built according to the laws of perception that are laid down by nature. It is this interesting connection that this article is devoted to.

Construction Law Quarterly

Construction Law Quarterly

Replacement fire protection solutions for a pick tower building - case study

Polish construction law and technical and building regulations allow for deviations from the requirements with appropriate alternative solutions. Modern buildings often require an individual approach due to the fact that the current regulations do not keep up with the constantly emerging modern technical solutions. This requires the development of engineering design documentation in the form of a technical opinion on the state of fire protection, prepared by building and fire protection experts. This documentation, previously agreed with the locally competent Regional Fire Chief of the State Fire Service, is submitted through the local building authority to the Minister responsible for construction issues. The subject of the article is the development of a justified set of alternative solutions for a warehouse building equipped with pick tower racks. Modern computer methods, simulations of evacuation, smoke extraction and construction were used to justify the solutions used. Determination of the mutual influence of the applied solutions on the expected level of fire safety allowed to confirm the validity of the adopted design concept. As a result, a complete fire protection concept was obtained, which, after its application to the documentation of the construction project, will allow safe use of the building. The analyzed building was implemented in Poland and, using the described fire safety concept, passed all stages of the investment process.