Construction Law Research Articles

Computational Framework Concerning the Formulation of Maximum Work Principle used in Plasticity, Materials Forming and Tribology as a Consequence of a Variational Optimization Problem Defined From the Constructal Law

This research work proposes a fundamental application of the Constructal Theory developed by Prof. Adrian BEJAN of Duke University (USA) to prove on a mathematical point of view the “Principle” of Maximum Work, used by the theory of plasticity, material forming and tribology, as a consequence of the global solution defining a constrained variational optimization problem. According to the first and second law of thermodynamics, the principal law of Constructal Theory try to complete them with a quantitative prediction of the natural tendency of any finite size system to evolve towards an optimal space-time configuration minimizing the losses and the entropy generation simultaneously with a required maximum of the global entropy. In this sense, regarding a material plastic deformation characterising the forming processes, among all possible and admissible flow undergoing well-specified boundary conditions and loadings, the real one is the one who minimizes the sum of the dissipated power of volume deformation and surfaces friction. Thus, all the mechanical variables defining the real mechanical state (velocities, stresses, strain and strain rate) are those ones which minimize the total dissipated power. A variational minimization problem under a lot of defined constraints is then obtained. Using the Principle of Virtual Powers it can be shown finally that the “Principle” of Maximum Work, used particularly in metals plasticity, is obtained as a consequence of a minimization problem under constraints based on the Constructal Theory. This generalizes its application to any type of continuous media (metals, polymers, fluid, mushy state) and allows proving an equivalent form for the friction stresses occurring on contact interfaces. The convexity properties of both the plastic and the friction potential together with their normal rule properties can be also proven using the proposed mathematical framework. It is concluded that only the rheological and tribological flow laws associated with a potential become to satisfy the second thermodynamics principle completed with the Constructal Law. Analytical computations concerning plane and cylindrical crushing show the feasibility of the proposed minimization problem formulation to define material flow giving accurate approximate solutions. In order to valid the whole presented theory, comparisons are made using classical analyses based on the upper and lower bound theorems (obtained as consequences of the proposed optimization variational problem), the well-known slices method and a finite element modelling (FEM). A second application concerning the anisotropic formulation of a Coulomb friction law from a quadratic convex tribologic potential will be presented to define contact evolution during rectilinear sliding of a circular pion on a plane laminated thick plate surface along different orientations.

Construction Law Quarterly

Construction Law Quarterly

Constructal design of flat tubes cooled by natural convection

AbstractA set of vertical flat tubes cooled by natural convection and placed in a finite size space is designed based on the constructal law. The constraint in this design is the size of the space where the tubes are placed. The freedom inside the space is the distance between the tubes. When the constructal law is applied, the optimal distance between the tubes is determined. Rayleigh numbers are taken as (Ra = 103, 104, and 105). The dimensionless tube diameter (tube diameter/tube height) is changed from (D* = 0.2) to (D* = 1) (circular tube). All the tubes are heated to the same wall temperature. The air used to cool the tubes has a Prandtl number (Pr = 0.72). The equations of conservation of mass, momentum, and energy for steady, two‐dimensional, and incompressible flow are solved by the finite volume method. The result showed that the best or optimal distance at a given Rayleigh number remains constant for all tube diameters. The result also showed that the number of the small diameter tubes must be more than the number of the large‐diameter tubes for the same Rayleigh number and the same size of the space to make the heat flow from the tubes to the coolant easier.

Design and bio-inspired optimization of direct contact membrane distillation for desalination based on constructal law

At the present study, a one-dimensional model for the flat sheet direct contact membrane distillation (DCMD) for desalination purposes is proposed. Flows and membrane properties have been estimated by appropriate temperature-dependent correlations. Results show that the numerical model is in a very good agreement with experimental data at various feed temperatures, flow rates and concentrations. A constructal design is investigated for DCMD to assess how constructal law can improve the DCMD performance. With the same thermal efficiency of 93.5%, constructal design improves the water mass flux by 37.5% in comparison with the conventional DCMD design. Also, an evolutionary-based optimization algorithm is employed to increase the efficiency of the constructal and conventional design. The Pareto frontier of the constructal and conventional design is compared with each other and the correlations between design variables are investigated. Overall, the present study demonstrates how constructal law can increase the performance of energy systems with a simple modification.

The Anomaly of Anomaly of Anomaly

The Anomaly of Anomaly of Anomaly

Role of Blockchain-Enabled Smart Contracts in Automating Construction Progress Payments

The construction industry has long been plagued with late and nonpayments. Despite the desired benefits of payment automation and today’s increased access to digitized progress data, too often payment applications still rely on inefficient workflows and documents that are time-consuming to prepare, review, approve, and execute. This paper argues that current payment applications, even if computerized, cannot support reliable automation of progress payments due to their reliance on centralized control mechanisms and lack of guaranteed execution. The paper examines why blockchain-based and decentralized smart contracts can address these limitations. It explores the conceptual underpinning for the design of an automated payment system and investigates the role of smart contracts in enabling reliable and autonomous conditioning of cash flow on product flow status. To illustrate these points, a use case is presented for smart contract-based progress payments in the context of unmanned aerial vehicle-based progress monitoring. The paper concludes with a discussion of challenges facing blockchain-based payment automation and the broader implications for dispute resolution and construction law informatics, namely zero-trust computing and the creation of an auditable single source of truth for projects.

Impact analysis of expressway construction on ecological carrying capacity in the Three-River Headwater Region

Abstract The construction of expressways has a variety of impacts on the ecologically fragile and sensitive Three-River Headwater Region and causes changes in the structure and carrying capacity of the ecosystem. To assess the impact of expressway construction on the ecological carrying capacity of the regional natural system, net primary productivity (NPP) was used as the quantitative index to indicate the efficiency of the regional ecological environment to fix and transform photosynthesis products. In this study, trend analysis and buffer zone analysis were used to quantitatively analyze the spatial and temporal characteristics of NPP in the study area from 2006 to 2015 based on the MOD17A3/NPP dataset. In addition, the spatial-temporal effects of expressway and interchange construction on NPP in buffer zones were studied using GIS spatial analysis. The summarized results are as follows. (1) The multi-year average NPP in the study area is 137.9 gC/m2, indicating a slight downward trend; spatially, the overall NPP shows a downward trend from east to west. (2) The impact of expressway construction on NPP in buffer zones will last for more than two years, generally presenting greater NPP further from the expressway. (3) After completion of the interchange, the NPP decreases significantly within its radiation radius; at a distance of 6 km, the NPP gradually stabilizes. (4) The influence law of expressway construction and interchange construction on NPP is approximately the same in the respective buffer zones.

The liver, a functionalized vascular structure

The liver is not only the largest organ in the body but also the one playing one of the most important role in the human metabolism as it is in charge of transforming toxic substances in the body. Understanding the way its blood vasculature works is key. In this work we show that the challenge of predicting the hepatic multi-scale vascular network can be met thanks to the constructal law of design evolution. The work unveils the structure of the liver blood flow architecture as a combination of superimposed tree-shaped networks and porous system. We demonstrate that the dendritic nature of the hepatic artery, portal vein and hepatic vein can be predicted, together with their geometrical features (diameter ratio, duct length ratio) as the entire blood flow architectures follow the principle of equipartition of imperfections. At the smallest scale, the shape of the liver elemental systems—the lobules—is discovered, while their permeability is also predicted. The theory is compared with good agreement to anatomical data from the literature.

Usable floor space of the attic as the basis for real estate tax

In terms of real estate tax, the tax base for a building is the usable area measured on all floors, including the attic. According to the provisions of the Act on Local Taxes and Fees, to include an attic in the tax base of a building, the attic must be of a usable nature, as this is a condition for recognizing it as a storey, the area of which is included in the usable area constituting the taxable amount. The provisions of the Act on Local Taxes and Fees do not contain a legal definition of the terms “attic” and “storey”. These terms appear in the provisions of regulations in the field of construction law and fire protection, however, when determining the tax base, one should not refer to legal acts of a lower rank, especially in the field of other areas of law than tax law. Due to the lack of legal definitions, the dictionary meaning of the terms is decisive, so whether the attic of a building should be treated as a storey within the meaning of real estate tax is determined by its usable nature, and not the actual use or compliance with technical construction or fire standards.

Who is responsible for construction safety in Australia? A STAMP analysis

Limitations surrounding knowledge of the construction safety operating system have contributed to a failure to understand and prevent fatal incidents. The aim of this paper is to present a control structure model of construction in Australia to provide an improved understanding of the construction operating system. The model was developed by applying and extending the Systems Theoretic and Accident Model and Processes (STAMP) method to show the actors, organisations, controls, communication loops and relationships that are involved in managing safety throughout the Australian construction industry. The control structure was validated by subject matter experts from across all levels of the system. The analysis highlights a disconnect between the upper and lower levels of the system in terms of feedback mechanisms and relationships that limit the understanding and effectiveness of safety controls. To demonstrate the limitations of current approaches to understanding accident causation in the construction domain, the model is used to represent the findings from a recent Coronial investigation into a fatal construction incident. The benefits of applying systems thinking in accident analysis and countermeasure development by construction organisations, clients, regulators and law makers are discussed.

Study on the Performance of a Y-Shaped Liquid Cooling Heat Sink Based on Constructal Law for Electronic Chip Cooling

Abstract The power of one rack in a data center can be greater than 3 kW, which is released within a relatively small area. However, most of the heat in a data center is released from the electronic chips. Thus, the energy consumption of the air-conditioning system in a data center will be significantly decreased if the heat released by the electronic chips can be reduced directly. Although liquid cooling heat sinks (LCHS) have been demonstrated as an effective way to resolve this problem, the application of LCHS is limited by the uneven cooling distribution on the surface of the electronic chips and the liquid leakage of the LCHS. The constructal law optimizes the design of the pipeline by introducing the freedom of deformation in the fluid geometry to obtain the optimal global performance. In this study, a novel Y-shaped liquid cooling heat sink (YLCHS) was proposed based on the constructal law, in which the cooling water enters the center of the heat sink through the inlet pipe and diffuses into the periphery through the internal Y-shaped microchannels. A numerical simulation was carried out to determine the cooling effect of the YLCHS. Compared to those of the conventional S-shaped liquid cooling heat sink (CSLCHS), the peak surface temperature and the average surface temperature of the electronic chip with YLCHS were decreased by 15.2 °C and 6.3 °C, respectively. Furthermore, the pressure loss of the electronic chip with YLCHS was also reduced by 63.0%.

Costructal law, exergy analysis and life cycle energy sustainability assessment: an expanded framework applied to a boiler

Life cycle sustainability assessment (LCSA) is one of the most relevant tools delving in sustainability science, based currently on the triple bottom line idea that is defined as the contemporary implementation of the three tools of life cycle assessment (LCA), life cycle costing (LCC) and social life cycle assessment (S-LCA). The methodology is currently being applied to a wide set of products and systems. However, as per in the large interest towards energy-related products, the sustainability assessment of energy systems—in particular those where fluid streams are used—could be more effective if some further stages could be included in the analysis, i.e. a process level analysis with regard to energy quality and exergy, and a more thorough energy analysis of the fluid flows available to achieve an optimal design of the system. This paper proposes an extended framework for LCSA introducing two additional stages to the methodology: Constructal law (CL) inspired analysis of the energy design of the system and exergy analysis (EA) of the system and its life cycle. A fully developed case study (a biomass boiler) is proposed, described the extended life cycle energy and sustainability assessment (LCESA: LCA, LCC, S-LCA, CL, EA), highlighting both the quantitative results related to each section together with the strengths and limits of the methodology, while stressing the potential applications as, e.g., decision support tool and support to the design of energy system. The results highlight different and optimized designs for the boiler through a constructal law–based analysis and several hot-spots throughout different stages of the life cycle, ranging from the production stage of steel for most environmental indicators in LCA to the cooking stage for the exergy analysis. Relevant positive impacts are traced also in the S-LCA point of view during both the use and production step. The methodology could represent a potential advancement towards the LCSA application to energy technologies as it highlights some limits and proposes specific advancements.

Construction Law Quarterly

Construction Law Quarterly

Boundary layers from constructal law

This article communicates a new problem and solution: Fluid is initially motionless in a rectangular space the shape of which is free to vary. A blade enters along one of the sides of the rectangle, moves at constant speed, and sets the fluid in motion by viscous diffusion. If the constructal law of design evolution is invoked, then the evolutionary direction is toward the shape of the rectangular space such that the entire fluid is set in laminar flow more easily, during the shortest time. The shape is found via scale analysis, and, coincidentally, it matches the shape of the boundary layer known from classical boundary layer theory. The difference between the two methods is fundamental: with the constructal law, the shape comes from the evolution of all the possible shapes toward greater access for the flow of momentum; with boundary layer theory, the shape is unique and comes from solving the simplified momentum equations for an assumed slender flow region.

Systèmes vivants : Lois locales et globales, invariance d'échelle

To survive that is 'to eat and not to be eaten', to live on [9, 11]. Any living system [10], to survive and live on [9], whatever is its spatial [28] and temporal [23, 29, 35] level of organization, owns 7 invariant qualitative characteristics (degrees of freedom) [19]. Any alive system is formed by embedding and juxtapositions [17] of pre-existing systems [22]. How are the local quantitative laws, of their spatial-temporal structuring and functioning, associated with these qualitative characteristics independently from the dimensional scales? How are they independent/dependent from the new global level of organization and the local situations of emergence? How do the local actors become mutually integrated into their global whole? And reversely (systemic constructal law [4]), why and how is the global whole reciprocally integrating the local parceners [18, 20]? At every level of organization, the evolution of the living systems obeys 5 organizing principles of emergence [33] and the space (the volume of the adult system VA) and the duration (time of generation tg) are linked through a power law (generalized Kepler's 3rd law like VA2 = C.tg3), a law of growth (figure 3) and exchange (figure 4). As all the sub-systems which live in it, the whole Universe is living in an ecoexotope that it can share with other Universes.

Метафора у художньому світі М. Пруста: від буття мистецтва до мистецтва буття

The article deals with the functions of metaphor in the artistic world of M. Proust. In the context of the novel sequence In Search of Lost Time, metaphor becomes a mechanism to implement involuntary memory, which allows to combine the present (impressions) and the past (memories). Metaphor, given by the associative connection between impressions and memories, becomes the main constructive law of the artistic model of reality created by the French writer. The multifunctionality of metaphor correlates with the three forms of the subject of consciousness that appears in the context of the artistic whole of the novel sequence as an author, a narrator and a character. The author organizes the work of involuntary memory, based on the metaphor; the narrator balances what has been fished out of the past against the present with the help of experience associations; the character experiences the impressions by going through discoveries and disappointments. Proust’s lyrical epos gives the subject the ability to move beyond the hellish circle of the present into timeless dimensions. The novels created by the author and the character, intersect creating the effect of full being, allowing the subject of creative consciousness to recover its identity by overcoming painful contradictions of individual existence in the artistic creativity as in the dialogical interaction with the other. By using the formal and the hermeneutical methods with the emphasis on the philosophy of dialogue, the article explores the peculiarities of metaphor functioning at the macro- and microlevels. The former allows to construct the experimental picture of the world at the intersection of different time-space spheres that correlate with each other due to the spiritual and intellectual efforts of the subject. The latter allows us to consider the artistic image based on metaphor the core of the modernist writer’s artistic style and the way to the new concept of artist and art.

Corona virus, tariffs, trade wars and supply chain evolutionary design

PurposeUsing the constructal law of physics this study aims to provide guidance to future scholarship on global supply chain management. Further, through two case studies the authors are developing, the authors report interview findings with two senior VPs from two multi-national corporations being disrupted by COVID-19. This study suggests how this and recent events will impact on the design of future global supply chains.Design/methodology/approachThe authors apply the constructal law to explain the recent disruptions to the global supply chain orthodoxy. Two interviews are presented from case studies the authors are developing in the USA and UK – one a multi-national automobile parts supplier and the other is a earth-moving equipment manufacture. Specifically, this is an exploratory pathway work trying to make sense of the COVID-19 pandemic and its impact on supply chain scholarship.FindingsAdopting the approach of Bejan, the authors believe that what is happening today with COVID-19 and other trade disruptions such as Brexit and the USA imposing tariffs is creating new obstacles that will redirect the future flow of supply chains.Research limitations/implicationsIt is clear that the COVID-19 response introduced a bullwhip effect in the manufacturing sector on a scale never-before seen. For scholars, the authors would suggest there are four pathway topics going forward. These topics include: the future state of global sourcing, the unique nature of a combined “demand” and “supply shortage” bullwhip effect, the resurrection of lean and local production systems and the development of risk-recovery contingency strategies to deal with pandemics.Practical implicationsSupply chain managers tend to be iterative and focused on making small and subtle changes to their current system and way of thinking, very often seeking to optimize cost or negotiate better contracts with suppliers. In the current environment, however, such activities have proved to be of little consequence compared to the massive forces of economic disruption of the past three years. Organizations that have more tightly compressed supply chains are enjoying a significant benefit during the COVID-19 crisis and are no longer being held hostage to governments of another country.Social implicationsAn implicit assumption in the press is that COVID-19 caught everyone by surprise, and that executives foolishly ignored the risks of outsourcing to China and are now paying the price. However, noted scholars and epidemiologists have been warning of the threats of pandemics since the severe acute respiratory syndrome (SARS) virus. The pundits would further posit that in their pursuit of low-cost production, global corporations made naive assumptions that nothing could disrupt them. Both the firms the authors have interviewed had to close plants to protect their workforce. It was indicated in the cases the authors are developing that it is going to take manufacturers on average one month to recover from 4–6 days of disruption. These companies employ many thousands of people, and direct and ancillary workers are now temporarily laid off and face an uncertain future as/when they will recover back to normal production.Originality/valueUsing the constructal law of physics, the authors seek to provide guidance to future scholarship on global supply chain management. Further, through two case studies, the authors provide the first insight from two senior VPs from two leading multi-national corporations in their respective sectors being disrupted by COVID-19. This study is the first indication to how this and recent disruptive events will impact on the design of future global supply chains. Unlike the generic work, which has recently appeared in HBR and Forbes, it is grounded in real operational insight.

A Study on the Principle of Change of Circumstances: Focusing on Comparison between Taiwan Law and Vietnam Law

本文初步分析臺灣與越南關於情事變更原則之規範異同。首先，臺越情事變更原則從實務發展到法典化的路徑大致相同，臺灣從早期透過判例揭示情事變更之法理、特別法中承認在特定範圍有適用餘地、在1968年民事訴訟法第397條進行規範，最後於1999年民法第227條之2明文規定，而越南則從保險業務法中出現情事變更原則之曙光、工程法承認國家政策重大變動影響交易條件之情事變更法理、售貨亭事件作為情事變更原則的指標性案例，最後在2015年民法第420條設有明文。其次，在越南協商先行程序之特色立法中，其特殊性在於其為任意性的協商先行、以及協商不影響契約義務之履行。再者，越南法及臺灣法情事變更原則之構成要件大致相同，值得注意者有二：一、越南法之防險措施或得以臺灣民法第217條加以詮釋，惟前者係真正義務，後者為不真正義務。二、臺灣法上顯失公平之判斷，或可以契約繼續履行會造成一方的重大損害之要件作為形式審查的判準，而後實質考量變更程度是否影響當事人的締約決定或交易條件之變更。最後，關於情事變更之法律效果，臺灣以增減給付或變更而越南以調整或終止作為法律效果，二者範圍就文義上有所不同，另外，值得參考者為，越南法上有經濟因素考量之具體規定，然在經濟因素考量之外，或得將非經濟因素同時列為斟酌因素。This paper makes a study on the principle of change of circumstances, that focusing on comparison between Taiwan Law and Vietnam Law. First of all, Taiwan and Vietnam's principle of change of circumstances from practice to codification is roughly the same. Since the early time, Taiwan had recognized the principle through jurisprudence and special laws, next concretized in Article 397 of the 1968 Civil Procedure Code, and then fixed in Article 227-2 of the 1999 Civil Code. While in Vietnam, the change of circumstances principle was known as transaction changes affected major amendment from national policies in the insurance business law and construction law, as well as the rise of some cases like the typical kiosk case, as the results of Article 420 of the 2015 Civil Code. Secondly, the regulation of re-negotiation in Vietnam is not an arbitrary precedence and the process of negotiation does not affect the performance of contractual obligations. In addition, it is worthy attention in the compositions of change of circumstances principle, Vietnam law's risk prevention measures may be interpreted by Article 217 of the Taiwan Civil Law, but the former is a real obligation and the latter is unreal obligation. Finally, regarding the legal effect of the change of circumstances, in Taiwan it is to increase or decrease payment or change, while Vietnam law is to adjust or terminate contract. In addition, it is worthwhile to refer to Vietnam law has the specific regulation of legal effect based on economic factors, but non-economic factors may be considered as discretionary factors.

General Derivation Law With Torque-Free Achieving of Integral On-Board Charger on Compact Powertrains

Integrated charging for electric vehicles (EVs) is considered as a good transitional scheme to expand the mileage range under the battery capacity limit. It can save the costs and reduce the volume by replacing the on-board charger, and can increase the charging power by reusing the high power propulsion system. Then, the charging and propulsion system will therefore be light and compact. As the charging topology is based on the propulsion system, the design degrees of freedom are not very high, further resulting in limited application. And the laws of topological construction are lacking. Therefore, most of the integrated charging schemes are designed for a specific occasion and are difficult to adopt for other applications. In this article, a general derivation law with a unified design criterion is proposed to improve the generality of integrated charging, by considering the charging torque and equivalent filter inductance of the multiplexed converter and motor. The criterion is illustrated and analyzed in a specific scheme that is applied in the Toyota plug-in hybrid EV. The simulation results in a software-in-the-loop environment and experimental results in a down-scaled prototype are demonstrated to confirm the validity of the unified criterion and the effectiveness of the control schemes. It is suitable for the design of integrated charging solutions with multiphase power and multiphase motors.

Rethinking traditional approaches of parties' autonomy in construction contracts: decennial liability as a case study

PurposeEmployers, contractors, subcontractors and engineers often believe that they have a “common language”, which consists of drawings and specifications, notwithstanding that drawings and specifications must be interpreted and understood in their legal context. Accordingly, due to the legal-technical aspects of construction, it is essential that construction contracts should strike the right balance between the interests of all stakeholders. The purpose of this paper is to examine this issue in depth.Design/methodology/approachTo examine this issue in depth, this paper is divided into four sections. First, general background on Jordanian construction law. Second, the conformity between the Jordanian law and international federation of consulting engineers (FIDIC) rules. Third, crystallisation of parties autonomy in construction contracts. Fourth, per defects liability in construction contracts as a case study.FindingsConstruction disputes are not only a legal issue. It is also a technical challenge to which an interdisciplinary body of legal scholars, contractors, engineers and construction experts should respond by setting flexible standards as practices could change faster than rules. Judges in particular are bound to understand the peculiar technical-legal nature of construction disputes. This should be a good starting point for developing case law in the field of construction which is rather limited. In this way, construction case law can be established gradually and cumulatively on a case by case basis.Originality/valueAs far as the author is aware, the issue of construction contracts in Jordan has not been researched comprehensively before from technical and legal standpoints. This paper represents a first attempt to examine the issues arising in this difficult and important subject.