Consultant Contract Research Articles

Potential Supervision Consultant Contract Disputes Due to Extension of Contractor Time in DKI Jakarta Regional Government Project Based on Fidic White Book

DKI Jakarta is a province in Indonesia that has the most significant regional budget (APBD). This has led to numerous infrastructure development projects funded by the regional budget in Jakarta. Most projects in Jakarta follow a traditional document tendering process, where procurement starts with the engagement of planning consultants to design a project. After the planning documents are completed, contractor and supervision consultant services are procured concurrently. This research aims to identify the factors that result in non-extension and non-payment of supervising consultants and to determine the potential dominant disputes in supervising consultant contracts due to contractor time extension addendums, particularly in projects within the regional government environment of DKI Jakarta. The aim is to minimize the impact of such issues in the future. This research is a combined study with a sequential form. The population of this research consists of building construction projects in the province of DKI Jakarta. The sample for this research is a sports arena construction project. The respondents in this study are the project owners and the supervising consultants associated with the research project. The data will be processed using a rating evaluation method, allowing for the relative comparison of the predetermined variable categories with each other. The provisions should be based on fairness between the contracting parties. The research findings indicate that supervising consultants are entitled to time extensions and additional fees for supervision during the extended period, due to the contractor's extension of the physical implementation time based on technical considerations. The feasibility of the extension proposal is assessed through research, and the results are documented in an addendum to the contract.

Potensi Sengketa Kontrak Konsultan Pengawas Akibat Perpanjangan Waktu Kontraktor pada Proyek Pemerintah Daerah Dki Jakarta Berdasarkan Fidic White Book


 
 
 
 
 
 
 
 
 
 
 
 
 The purpose of this study is the identification of factors that result in supervisory consultants not being extended and not paid. This type of research is a combined study with a sequential form. Where quantitative is based on the philosophy of positivism which emphasizes objective phenomena and is studied qualitatively. A qualitative approach is used to examine the project, several techniques are used to collect data suitable for analysis. The results of the study stated that 7 dominant clauses caused the contractor's claim in the FIDIC Red Book, namely: 1) 8.4 Extension of Completion Time; 11.8 Investigation by the Contractor; 3) 17.1 Indemnification; 3) 7.4 Testing; 4) 8.9 Consequences of Termination; 5) 14.8 Late Payment; and 7) 4.12 Unforeseeable Physical Condition. In conclusion, all respondents the first largest RII value is X.3.4 Article in the Contract "The supervisory consultant contract document on the general terms of the article on the extension of implementation time is not in line with that stated in the SPMK, this has the potential to become a dispute". Then the second largest RII value is X.3.5 Article In the Contract "The submission of the final report of the supervisory consultant must be based on the weight of the contractor's implementation work 100%".
 
 
 
 
 
 
 
 
 
 
 
 
 
 Fidic White Book; Contractor; Government Projects
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Paradigms of Business Consulting Agreements

Abstract Business consulting represents one of the most important activities in the service economy, yet its contractual arrangements have rarely been analysed. Various scandals linked to professional consulting in recent times, such as the accounting scandal surrounding the German DAX-company, Wirecard, or the ‘Luanda Leaks’, give reason for a closer look at this activity, as well as the corresponding contractual agreements. Additionally, the regular functioning of consulting agreements is largely undiscussed. The aim of this contribution is (1) to highlight the essential problems of business consultancy contracts, namely the informational advantage of the consultant with regard to the quality of advice and price; structural conflicts of interest, especially in the case of business consultancy by auditors; the possibilities of abusing consultancy contracts for personal gain, as well as the liability of the consultant and the exemption of management from liability through the use of consultants; and (2) to propose solutions to these problems using the existing rules of due diligence and collateral duties, especially by applying general norms in the light of the economic function of management consultants as brokers for knowledge and know-how.

Perceptions of Higher Specialist Trainees and Fellows of the Proposed Sláintecare Consultant Contract and Implications for Workforce Planning in Ireland

To explore the perceptions of higher specialist trainees and fellows in Ireland with respect to the Irish Department of Health’s recent proposal to implement a drafted, non-negotiated, consultant contract under a new model for healthcare, termed the Sláintecare plan. A customized survey, incorporating multiple-choice and Likert-scale questions and a free-text option, was disseminated to doctors enrolled in Irish higher specialist training (HST) programmes and pre-consultant HST graduates (fellows). Responses were compiled and analysed. There were a total of 1109 respondents across all specialities. Trainees were particularly concerned regarding the Sláintecare contract’s potential impact on their abilities to engage in patient advocacy and provide optimal patient care in the future, the maintenance of specialist skillsets, their ownership of intellectual property and a stable location of the practice. Of respondents, 93.7% (1003/1070) indicated that they would consider working abroad rather than accept the proposed contract. This study highlights the perceptions and concerns of the higher specialist trainees and fellows of Ireland. A large proportion may emigrate rather than accept the Sláintecare proposals. Concerns exist surrounding the ability to advocate for patients, to provide patient care, the proposed working conditions and perceived potential to deskill under this contract’s terms.

Hospital infection control: old problem - evolving challenges.

Hospital infection prevention and control (IPC) is often regarded by doctors as mundane and unnecessarily rigid, but the continued occurrence of preventable healthcare-associated infections, increasing antimicrobial resistance (to which hospitals are major contributors) and rare, but potentially devastating hospital outbreaks of emerging infectious diseases, suggest that IPC must be taken seriously. Healthcare professionals often fail to comply with effective, evidence-based IPC practices and there is ample evidence that doctors, generally, do so less consistently than nurses. However, doctors' practices are highly variable, apparently because of a perceived entitlement to clinical autonomy. In practice, most doctors observe safe IPC practices, most of the time. However, some are ignorant or dismissive of IPC policies and some respond angrily, when reminded. Among a small proportion of senior consultants, negative attitudes to IPC are perceived by their peers to correlate with a more general failure to meet their public hospital commitments, apparently because of conflicting demands, including private practice. The fact that breaches of IPC practice have significant, although often hidden, consequences indicates a need for continued improvement based on new strategies that might include: better surveillance, to identify and inform doctors of the true burdens of healthcare-associated infections; professional self-reflection on falsely dichotomous claims of medical professionalism namely: clinical autonomy versus regard for patient welfare by complying with 'rules' designed to protect them; and review of the consequences of recent changes in healthcare delivery, including proliferation of multiple, part-time consultant contracts at the expense of public hospital culture and status.

A Randomised Controlled Trial of a Novel Digital Therapy for Smoking Cessation

Background: Evidence-based digital therapies for smoking cessation that include a smartphone application (app), the efficacy of which is scientifically demonstrated, are limited. The present study sought to demonstrate the efficacy of a novel digital therapy, 'CureApp Smoking Cessation' (CASC), integrated with a mobile carbon monoxide (CO) checker. Methods: In this multi-centre randomised controlled trial (RCT), 584 participants with nicotine dependence were allocated 1:1 to CASC intervention or control groups by a computer-generated random sequence with stratification for smoking cessation medications and study sites. Both groups received a standard smoking cessation treatment with pharmacotherapy and counselling for 12 weeks. The intervention group used the CASC system, and the control group used a control-app without a mobile CO checker, both for 24 weeks. The primary outcome was the biochemically validated continuous abstinence rate (CAR) from weeks 9-24. Main secondary outcome was an extended CAR from weeks 9-52. Findings: Except for 12 participants who did not download or use the apps, 285 participants were assigned to the intervention group, and 287, to the control group. CAR from weeks 9-24 in the intervention group was significantly higher than that in the control group (63·9% vs 50·5%; odds ratio [OR], 1·73; 95% confidence interval [CI], 1·24 to 2·42; p=0·001). CAR from weeks 9-52 also was higher in the intervention group than that in the control group (52·3% vs 41·5%; OR, 1·64; 95% CI, 1·16 to 2·32; p=0·005). No specific adverse events caused by the CASC system were reported. Interpretation: Despite the restricted areas and ages in Japan, in which smartphone usage rates were high, this study was the first large RCT with a smartphone-based digital therapy for smoking cessation with a long-term observation period. Augmenting the standard treatment with pharmacotherapy, the digital therapy, the CASC system, significantly improved long-term CARs. Funding Statement: CureApp, Inc. Declaration of Interests: KM, HT, and KF have received honoraria from CureApp, Inc. AN received consulting fees from CureApp, Inc. AN and KS are founders of the CureApp Institute. TM is an employee of CureApp, Inc. KS and SS are founders and shareholders of CureApp, Inc. and patent holders of the CASC. EH has a consultation contract as a biostatistician with CureApp, Inc. Ethics Approval Statement: The study was performed in compliance with CONSORT statements. The protocol and informed consent forms were reviewed and approved by the Institutional Review Board at Keio University School of Medicine and all affiliated institutions.

A novel condominium management mode in Taiwan

This study investigates a novel consultancy contract mode for condominium management in Taiwan by using transaction cost theory. This study finds that consultancy contracts offer property management companies lower personnel costs and a lower tax burden compared with full-responsibility contracts, and that such contracts are suitable for condominiums with minimal public funds, few households, and low management fees. However, under consultancy contracts, labor disputes are likely to occur; thus, distinguishing between powers and responsibilities and controlling service quality are difficult, and a property management company's corporate image is likely to sustain damage. Among the nine transaction costs, most of the respondents believe that transaction costs will decrease when using consultancy contracts, although for five transaction costs, some respondents felt that costs will increase, and for two items, no change is expected. This study provides six strategies for property management companies to select management modes and contracts: use a company website and advertising strategy, develop different service modules, use property service proposals, use management contract modes combined with new technologies, enhance the degree of authorization, and help protect employees' rights and interests.

Who benefits from university–industry collaboration for environmental sustainability?

PurposeThis paper aims to analyze the characteristics and performance of university–industry (U-I) collaboration for knowledge transfer in relation to environmental sustainability, considering for both parties of the collaborations.Design/methodology/approachThe study is explorative in nature, based on an original data set of more than 350 U-I research and consultancy contracts signed by more than 70 professors specializing in environmental sustainability-related academic disciplines at the University of Padova (Italy) for the period 2008-2012. A mixed-method approach is adopted. Social network analysis and regressions are used to explore the impact of U-I on performance considering for characteristics of the firms, the professors and the collaboration. Interviews with key informants at University of Padova is used to complement and validate the emerging evidence.FindingsResults suggest that U-I positively impacts the performance of firms, but not of professors. Indeed, the hypothesis that professors’ performance (measures in terms of academic publications) is positively associated with academic engagement is not supported. On the contrary, firms’ financial performance is positively associated with U-I collaboration focused on knowledge transfer for environmental innovation; the higher the contracts activated the better the economic performance.Originality/valueWhile most previous research has focused either on the university or the firm side of U-I, this study looks at both sides and focuses specifically on engagement in green contracts. The analysis of the geographical scope of U-I collaborations contributes to the growing body of literature by outlining geography’s role in U-I collaborations related to sustainability.

Modelling out-of-area admissions.

Out-of-area (OOA) placements occur when patients cannot be admitted to local facilities, which can be extremely stressful for patients and families. Thus, the Department of Health aims to eliminate the need for OOA admissions. Using data from a UK mental health trust we developed a 'virtual mental health ward' to evaluate the potential impact of referral rates and length of stay (LOS) on OOA rates. The results indicated OOA rates were equally sensitive to LOS and referral rate. This suggests that investment in community services that reduce both LOS and referral rates are required to meaningfully reduce OOA admission rates.Declaration of interestP.A.T. holds an honorary consultant contract with the Tees, Esk and Wear Valleys NHS Foundation Trust.

How does the outcome of research training fellowships funded via the NHS compare with that from competitively funded fellowships from the MRC and other charities: a cross-sectional retrospective survey of trainees undertaking research training in the West Midlands

ObjectivesThis study aimed to investigate the impact of research training funded via the National Health Service (NHS) on medical trainees compared with traditional clinical research training fellowships (CRTFs).Design, setting and...

In 2017 Oral & Maxillofacial Surgery (OMFS) trainees and consultants reverse the previous trend of letting their dental registration lapse

Introduction: OMFS in the UK requires both medical registration and a registerable dental degree to enter training and to join the General Medical Council (GMC) specialist list. The GMC is the primary regulator for OMFS. For hospital practice, except where a consultant's contract states otherwise, OMFS surgeons are not required to register with the General Dental Council (GDC).

Lay off employees or terminate consultant contracts? Responses to an external shock in three firms in the Norwegian petroleum industry

PurposePrevious studies on non-standard employment relations have analyzed how firms’ use of non-standard work arrangements are explained by variables related to numerical flexibility. Here, the purpose of this paper is to explore how firms respond to changes in the external environment through reduction in staffing. Since the firms combine employees and external consultants, they are confronted with a dilemma between laying off employees or terminating consultant contracts.Design/methodology/approachThe empirical context is the petroleum sector in Norway. The data consists of 11 interviews with managers at different levels in three firms.FindingsThe authors found that firms terminated over 80 percent of the consultant contracts, while around a forth of employees were downsized. A core-periphery strategy and union power are vital drivers of the prioritization of employees. However, some consultants were retained due to their knowledge of unique aspects of the firm and their role in development and innovation. The authors also found that the firms differed in their emphasis on seniority vs competencies criteria in deciding “survival” among employees.Research limitations/implicationsA main contribution of the study is thus the identification of variables and mechanisms that influence the two interrelated choices of downsizing in such multi-employment contexts. The main limitation is the number of firms analyzed (three), which restricts statistical generalization.Practical implicationsBetter understanding of circumstances and criteria of downsizing choices in employees/external consultants’ constellations.Originality/valueThis study is one of the first to analyze two interrelated issues of downsizing in such constellations lying off employees vs terminating consulting contracts, and whether seniority or competence criteria were prioritized when laying off employees. A main contribution of the study is the identification of variables and mechanisms that influence the two interrelated choices of downsizing in such multi-employment contexts.

Integrated Health Workforce Planning: The Key Enabler for Delivery of Integrated Care?

The Health Service Executive’s role is to provide health and social services for everyone living in Ireland. Its Corporate Plan includes Care, Compassion, Trust and Learning as the organisation's values and sets out five goals, the fourth of which is to: “Engage, develop and value our workforce to deliver the best possible care and services to people who depend on them”. Its People Strategy is developed to deliver this fourth goal with the key premise of achieving our ultimate goal of delivering Safer Better Healthcare. Its fourth priority is Workforce Planning with the outcome of delivering: “Comprehensive workforce plan in place based on current and predicted service needs, evidence informed clinical care pathways and staff deployment”. which breaks into four key areas: Workforce Planning Framework (being established nationally for public and private sectors supported by Cross-Sectoral Group) Workforce and Service Design (Workforce priorities and requirements being led by Clinical Service Redesign) Workforce Talent Management (exciting new work underway for this) Workforce Organisation (Integrated HWFP Unit being established to deliver a self-sufficient, sustainable 10-year plan) International Alignment: Our approach supports the ‘Quadruple Aim’ that is centred around the following four overarching goals; as we accept that the rewards to be achieved within an inspirational workplace could be immense: Improving the individual experience of care Improving the health of populations Reducing the percapita cost of healthcare and Improving the experience of providing care Highlights: The following examples of clinical redesign have incorporated integrated HWFP as a key enabler for the delivery of new models of care and patient pathways: System redesign: With the establishment of a new Children’s Hospital Group and the development of our new National Children’s Hospital at its’ hub, a comprehensive workforce planning process has been initiated to oversee the transition from services delivered across three hospitals to one new hospital in Dublin. Service redesign: With the establishment of an Integrated Care Programme for Older Persons and development of the 10-step Integrated Care Framework for Older Persons we had the opportunity to consider workforce developments and new roles in a comprehensive service design. New Ways of Working & New Roles: With consultant delivered services urgently needed over extended days/week new ways of working and roles must continually be under review. Apart from re-engineering processes and changing work practices we have also introduced new ED Consultant contracts (with hours out of work specified outside traditional core hours) and we have piloted the introduction of an Associate Physician role in a Major Academic Teaching Hospital. Conclusion: We are convinced that we are on the correct track in establishing a Framework and Unit to support the delivery of Integrated Health Workforce Planning here in Ireland. The approach that we’ve taken in valuing our staff and engaging early in the planning process to deliver service redesign has already yielded significant benefits for the organisation and healthcare system overall here in Ireland. It’s onward and upwards from here.

Senior trainees will be balloted on new consultant contract, says BMA

Senior trainees, as well as all consultants, will be balloted on proposals for a new consultant contract, the BMA has said. Delegates at the BMA’s annual representative meeting (ARM) in Bournemouth on 29 June voted in favour of a motion which said that “all consultants, [BMA] members on the specialist register, and junior doctors of year three specialty training and above should be balloted on the new consultant contract proposals.” The motion, which was subject to an electronic vote at the conference, was passed by 116 votes to 89 (57% for the motion, 43% against). Earlier …

Deliverable accountability, change management and breach in consultancy contracts: A comparative study of world bank versus europeaid funded projects

A considerable proportion of donor aid is dedicated to technical assistance to support developing countries in their development initiatives. The majority of this aid comes from globally-operating international donors including the World Bank and the European Union. In spite of several harmonization attempts, there still exist major differences in their procurement regulations and standard contracts. Based on an extensive literature review on consulting services and an in-depth analysis of the standard forms of contract, it was found that divergence between both forms is not only clear but also paradigmatic owing mainly to market orientation paradigm differences. The findings and recommendations help advance research on and practice of various types of consultancy services in general.

What is happening with the consultant contract negotiations?

Details of the progress being made in talks between NHS Employers and the BMA on new contracts for consultants and staff and associate specialist doctors have been published by the Department of Health. Abi Rimmer reports

Lean thinking: outside-in, bottom-up? The paradox of contemporary soft lean and consultant-driven lean implementation

Lean has evolved from an operational tool to a complete management concept that incorporates softer aspects such as participation, learning and leadership. This evolution challenges the traditional way in which large management consultancy firms intervene in the lean implementation process; an outside expert cannot easily install a soft, participation-oriented form of lean. To explore this challenge, we report a longitudinal, qualitative case study of how a large consultancy firm supported lean implementation in a public service organisation. Our findings show that although the consultants’ rhetoric had been adapted to the contemporary ideal of soft lean, their practice had not: implementation remained tool-centred and external consultants took the roles of experts. We posit that the business model of large consultancy firms and the nature of conventional client–consultant contracts may explain this mismatch between consultants’ talk and action. Hence, this challenge is difficult to overcome in practice, and managers are advised to consider critically what management consultants can and cannot effectively deliver in lean implementations.

Consultants oppose government proposals for contract changes

Consultants have opposed the government’s proposals for changes to their contract at a meeting held by the BMA this week. The association held a consultants contract roadshow event in London on Monday 22 February. Consultants and junior doctors heard about proposed changes to the contract for consultants in England and Northern Ireland. Chidi Ejimofo, a consultant in emergency medicine who attended the meeting, said that the audience did not support the proposals.1 He said on Twitter, “At end of @TheBMA roadshow audience [was] asked if anyone in favour of DoH #consultantcontract . . . not a single hand …

Process for Developing Asynchronous Online Training for Transportation Agency Professionals: Case Study

Efficient training is an essential component of work force development for transportation agencies. The South Carolina Department of Transportation (DOT) recognized one such training need in its management of contracts for professional services consultants. This recognition led to a research effort to identify standardized procedures in the procurement and administration of these contracts, resulting in the development of a training manual and daylong pilot training session. Although the session received positive feedback, it limited the time and location for delivery. This traditional, in-class method is no longer the only available option. Asynchronous online training presents agencies with the option of providing training to employees regardless of their spatial or schedule variabilities while minimizing the need for instructor effort and availability. In light of this change, the South Carolina DOT commissioned a subsequent research effort to study best practices for development, delivery, and assessment of online training and to use these findings to create training modules of the previously completed manual and training session. The focus of this paper is to present the process for developing asynchronous online training employed for the 10 modules, which total roughly 5 h. Although this process is based on best practices, they are not discussed at length; rather, references to findings are made where they pertain. The process, unique lessons learned, and advisable practices are discussed. The paper’s presentation of the online development process can be applied to other transportation agencies intending to implement asynchronous online training for professional development.

Are psychiatrists only fools and horses to be open all hours?

The UK government's proposal for 24-hour healthcare means effectively asking doctors to work more unsociable hours for relatively little financial gain. In our opinion, psychiatry is particularly vulnerable to deterioration owing to negotiations of the terms of the current Consultant Contract that ensures fewer antisocial hours, whereas without parallel appropriate internal team and intra-agency working, provisions for which are not included in the government's proposals to extend care, patient care is vulnerable. Clarification and a narrower redefinition of what constitutes a psychiatric emergency is called for.