Principal Contractor Research Articles

How employment-focused social procurement tackles health inequities: an investigation of Australia’s construction industry using determinants of health theory

With public and private clients in the construction industry increasingly using social procurement to achieve their social responsibility goals, it is important to develop theory-informed approaches for understanding how and to what extent social procurement creates social value. The research presented in this article uses social determinants of health (SDOH) theory to develop a case study of an employment-focused social procurement initiative in Australia’s construction industry. The case study shows how the employment-focused social procurement initiative used cross-sector intermediation to alleviate structural barriers to employment, including siloing in the employment services sector, unsupported pathways from training into employment in construction, and negative stereotypes of people who face structural barriers to employment. Using SDOH theory, the paper frames these barriers to employment as ‘upstream’ and ‘midstream’ structural determinants of health inequities. The research finds that the initiative’s impacts on determinants of health inequities are enabled and limited by commercial factors including project location and duration, status of the principal contractor, and insider knowledge of timing and requirements of new jobs.

Professional perceptions of right-first-time and quality management in construction projects through open-ended feedback

PurposeThe construction industry has struggled to deliver schemes on time to budget and right-first-time (RFT). There have been many studies into nonconformance and rework through quantitative research over the years to understand why the industry continues to see similar issues of failure. Some scholars have reported rework figures as high as 12.6% of total contract value, highlighting major concerns of the sustainability of construction projects. Separately, however, there have been few studies that explore and detail the views of industry professions who are caught in the middle of quality issues, to understand their perceptions of where the industry is failing. As such, this paper interrogates qualitative data (open-ended questions) on the topic of nonconformance and rework in construction to understand what industry professionals believe are the causes and suggested improvement areas.Design/methodology/approachA qualitative approach is adopted for this research. An industry survey consisting of seven open-ended questions is presented to two professional working groups within a Tier 1 contractor, and outputs are analysed using statistic software (NVivo 12) to identify prominent themes for discussion. Inductive analysis is undertaken to gain further insight into responses to yield recurrent areas for continuous improvement.FindingsQualitative analysis of the survey reveals a persistent prioritisation of cost and programme over quality management in construction project. Furthermore, feedback from construction professionals present a number of improvement areas that must be addressed to improve quality. These include increased training and competency investment, overhauling quality behaviours, providing greater quality leadership direction and reshaping the way clients govern schemes.Research limitations/implicationsThere are limitations to this paper that require noting. Firstly, the survey was conducted within one principal contractor with varying levels of knowledge across multiple sectors. Secondly, the case study was from one major highways scheme; therefore, the generalisability of the findings is limited. It is suggested that a similar exercise is undertaken in other sectors to uncover similar improvement avenues.Practical implicationsThe implications of this study calls for quality to be re-evaluated at project, company, sector and government levels to overhaul how quality is delivered. Furthermore, the paper identifies critical learning outcomes for the construction sector to take forward, including the need to reassess projects to ensure they are appropriately equip with competent personnel under a vetted, progressive training programme, share collaborative behaviours that value quality delivery on an equal standing to safety, programme and cost and tackle the inappropriate resource dilemmas projects finding themselves in through clear tendering and accurate planning. In addition, before making erratic decisions, projects must assess the risk profiling of proceed without approved design details and include the client in the decision-making process. Moreover, the findings call for a greater collaborative environment between the construction team and quality management department, rather than being seen as obstructive (i.e. compliance based policing). All of these must be driven by leadership to overhaul the way quality is managed on schemes. The findings demonstrate the importance and impact from open-ended survey response data studies to enhance quantitative outcomes and help provide strengthened proposals of improvement.Originality/valueThis paper addresses the highly sensitive area of quality failure outcomes and interrogates them via an industry survey within a major UK contractor for feedback. Unique insights are gained into how industry professionals perceive quality in construction. From previous research, this has been largely missing and offers a valuable addition in understanding the “quality status quo” from those delivering schemes.

Identifying the Causes of Delay Using the Analytic Hierarchy Process (AHP) Method in Brazilian Public Road Infrastructure Projects

The highway infrastructure system plays an important role in a country whose continental extensions require an adequate transportation system to connect people and places and boost the economy. Delayed delivery of these projects is one of the most significant problems in the road construction industry and poses challenges to project success in terms of time, cost, quality, and safety. Some studies have carried out literature reviews, applied questionnaires and performed expert interviews, or used analytical methods such as machine learning and AHP (Analytic Hieraquircal Process) to identify factors that cause delays. The objective of this study was to identify the main delay factors in road infrastructure projects using the AHP analytic hierarchy process approach in the context of public works management in Brazil. This study consisted of two stages, the first being a search in databases and search engines, using keywords that point to studies on delay factors in road construction projects. After this, the criteria and sub-criteria were examined and classified, and the factors and causes of delays were ranked based on discussions with an expert and the application of a questionnaire, according to the AHP methodology. The supporting software used was SuperDecisions. The main factors (criteria) and sub-factors (sub-criteria) that influence delay were categorized according to the literature. The main factors were compiled into five criteria called: principal contractor, designer, manager, material/manpower/equipment, and external factors. Within these groups, 24 sub-factors that most influenced delay were initially selected. But after the consistency tests were not acceptable, a new selection was made, which considered in the analysis the 15 most influential sub-factors. According to the experts, the order of importance was: Contractor>External Factors>Materials>Manpower and Equipment>Manager>Designer. The most important sub-criterion according to the specialists in causing delays in Brazilian road infrastructure projects was climate. The study pointed out which factors should have priority in decision-making to avoid delays in public, government-funded road transportation projects in Brazil. By applying it, one can arrive at the variables that can be used to develop a prediction model that helps mitigate the risks of delay in public road infrastructure projects.

On quality and complexity: non-conformance failures, management perspectives and learning outcomes on a highways megaproject

PurposeThe construction industry continues to struggle to deliver a right first time culture, seeking a panacea for improvement whilst maintaining project milestones. Complex construction projects demand stringent programmes, however, (un)foreseen changes, political influences and human behaviours all have significant impacts on delivering schemes without error. Previous studies have questioned the ability of the construction industry to successfully learn from errors. A major barrier has been the sharing of sensitive data from failed outcomes. Hence, this paper investigates non-conformance on an existing scheme and suggests avenues for improvement.Design/methodology/approachA mixed-method approach was adopted whereby 1,260 non-conformance reports (NCRs) from a highways megaproject were interrogated using root cause analysis (RCA) techniques to uncover the most frequent and costly areas. This was followed by a survey to industry professionals within a tier 1 principal contractor to gain insight into their perceptions of non-conformance and rework on construction projects.FindingsUsing Pareto analysis, the authors find that materials management, workmanship (poor quality execution) and supervision issues are the most frequently occurring and costly root causes of non-conformance on a major highways scheme. Furthermore, the authors link corresponding viewpoints of two project professional groups to the posed, achieving a high degree of consensus for the areas requiring development. Lastly, the authors suggest avenues for improvement via lessons learnt. These include greater emphasis on quality culture via a strong leadership mandate, enhanced vetting of workforce competence and improving the way materials are managed by embracing technology to drive efficiency.Originality/valueThis paper interrogates a current highways scheme using a uniquely rich, sensitive dataset to determine how the construction sector may improve efforts to achieving right first time outcomes.

Problematic Interfaces and Prevention Strategies in Modular Construction

Modular construction increasingly is used for building projects to improve productivity, quality, and sustainability. However, interfaces between modules and site-based works are complex, and often cause problems that hinder the wide application of the modular approach. This paper investigated problematic interfaces in modular construction and their causes, and developed prevention strategies. The research was carried out through a 1-year participatory case study with a modular building project, coupled with an interview-based survey with leading module suppliers in the United Kimgdom. Wide-ranging problematic interfaces were identified in physical, contractual, and organizational groups from the case study, and their interconnections and complexities were examined using social network analysis. The case study results highlighted the significance of physical problematic interfaces and indicated the centrality of the module supplier in both facing and causing the problematic interfaces, which was echoed by findings from the module supplier survey. Likewise, a variety of causes were identified in the technical, contractual, and organizational aspects, markedly, the lack of management and coordination, and poor communications. Effective communication between the module supplier and installer and all other subcontractors was found to be most critical to preventing problematic interfaces, for which the module supplier should advocate and the principal contractor should coordinate. This research demonstrated the interconnections and complexities of problematic interfaces and their causes in modular construction with empirical evidence, and highlighted the leading role of module suppliers in preventing problematic interfaces. The findings contribute to a better understanding of complex problematic interfaces in modular construction and provide valuable insights into interface management of modular building projects.

An Estimation of the Safety Risk Factors Encountered During Tower Crane Installation and Dismantling on Construction Sites in Vietnam

The construction field has an important and meaningful role in the economy of any nation, especially developing nations. However, construction is one of the most dangerous fields and has the highest rate of accidents, including deaths and disabling injuries in the world. The construction field uses many tower cranes, especiallyfor constructing multi-storey buildings, factories, or in urban areas, and requires an increasing number of tower cranes. Tower cranes certainly contribute to the high rate of construction injuries and fatalities, in which tower crane installation and dismantling take a high rate. Accidents during tower crane installation and dismantling can killpeople (workers and citizens) as well as delays in construction schedules of project and/or damage to buildings and machines under construction. As a result, the cost of costruction projects can increase. In this paper, safety risk factors during tower crane installation and dismantling on construction sites in Vietnam are estimated byshowing their likelihood of occurrence, degree of influence, and risk levels. A suitable-structured questionnaire was produced and sent to get data that had their likelihood of occurrence and degree of influence by applying a five-point Likert scale. The results showed that “Time constraints are requested by investor, principal contractor or employer” is the most likely factor with a mean value of 3.60 and “Break of a wire rope occurring on dismantling” has the highest degree of influence, with a mean valueof4.18. The result also showed that there are 15/21 factors with a moderate risk level that is acceptable but, requires suitable controls to maintain a safe working condition of tower crane installation and dismantling. The results of the paper may help managers as well as practicians with good understandings of how to advance the safety of tower crane installation and dismantling on construction sites in Vietnam.

Factors That Affect Safety of Tower Crane Installation/Dismantling in Construction Industry

Abstract: This paper is to investigate factors that contribute to accidents during tower crane installation/dismantling. Accident analysis and focus group interviews (FGIs) were conducted with people involved in crane work. Accidents occurring during installation/dismantling of tower cranes accounted for 68.4% of all fatal accidents. Accident analysis identified “Not following work procedures” as one of the main causes of these accidents, followed by “unsafe acts of workers.” The FGIs investigation revealed the following factors that adversely affected the safety of the tower crane installation/dismantling: competence of the workers; roles of stakeholders such as principal contractors in the tasks; deterioration of tower crane components; and working conditions for conducting the tasks. These results may provide regulators as well as practitioners with insights for improving the safety of tower crane installation/dismantling.

Subcontractors’ Health and Safety Compliance on a Water Board’a Projects

Compared to other industrial sectors, the construction industry is responsible for a disproportionate number of fatalities and injuries. Subcontracting constitutes a significant portion of all construction projects, and it is noted for its adverse H&S influence in the industry. Health and safety (H&S) risks related to subcontracting pose a significant business risk to principal contractors (PCs) who employ subcontractors (SCs). Some PCs report that their sites have been shut down because of poor H&S compliance by the SCs. This situation has a negative impact on time schedules, and the overall profitability of projects.The study seeks to examine why construction SCs undertaking projects for a Water Board located in Johannesburg do not comply with H&S regulations. Quantitative methods were employed for the study. Literature was reviewed, followed by a questionnaire survey to obtain primary data. A total of 174 construction managers, supervisors, and H&S officers in the employ of PCs and SCs participated in the survey to gather data relative to SCs’ degree of compliance with H&S legislation, H&S regulations, and the Water Board’s H&S specifications.The literature suggests that there is general H&S non-compliance on construction projects by SCs. The salient findings include: SCs on the Water Board’s projects do not comply with H&S legislation and regulations, and H&S specifications; SCs’ management is not trained in terms of H&S; PCs do not issue work stoppage orders relative to SCs’ unsafe acts / behaviour; SCs further subcontract; the contractual relationships between PCs and SCs are not clear due to unauthorised subcontracting, and H&S enforcement by PCs and the Department of Employment and Labour (DEL) is inadequate.Recommendations include: PCs must ensure that H&S practices are implemented; PCs and the DEL must enforce H&S requirements, and a framework must be evolved for ensuring SCs’ H&S compliance on construction. must be evolved for ensuring SCs’ H&S compliance in construction.

High Leys service reservoir: a semi-precast construction

High Leys Service Reservoir (SR) was required as part of the West Cumbria Water Supplies Project (WCWSP) by United Utilities PLC to feed the south-western region of the network including Egremont, Whitehaven and local regions. The principal contractor was Mott MacDonald Bentley. The site was chosen for its strategic elevated position to reduce outgoing pumping and provide adequate pressure within the WCWSP network. With a footprint of 10 512 m2 (109.5 m × 96 m) and 50 ML storage capacity, the SR comprises a semi-precast concrete (PCC) system (precast/in situ composite). As of March 2021, High Leys SR stands as the largest semi-precast SR in Europe. Due to the size and complexity of the scheme, elements of the design and construction were constrained by the requirements of the Lake District National Park Steering Group. Enabling works commenced in June 2018 followed by SR construction through 2019, with planned completion late 2021. This paper details the phases of construction highlighting key design philosophies and construction techniques. Furthermore, the benefits of implementing a PCC system instead of a traditional in situ construction for a potable water-retaining structure are discussed. The paper identifies benefits associated with design, quality assurance, speed of construction, sustainability, safety and innovations.

Safety in the Quebec construction industry: An overview of and possible improvements in hazardous energy control using lockout on construction sites by electricians, pipefitters, refrigeration mechanics and construction millwrights

Lack of proper energy control on construction sites leads to numerous worker fatalities every year. Energy control refers to the concept of lockout and other methods used in particular in North America. The aim of this exploratory research project was to achieve a better understanding of energy control practices in the Quebec construction industry for four trades: electricians, pipefitters, refrigeration mechanics and construction millwrights. For each trade, 10 or so semistructured interviews were conducted by means of an open-ended questionnaire, developed with reference to the current provincial regulatory requirements. The 95 experiences described by the 38 participants were compiled by trade and type of construction sites (i.e., residential, commercial/institutional, industrial). This qualitative analysis revealed that energy control compliance with regulatory requirements in force varies mainly with the type of construction site. The responsibilities of principal contractors, who have a legal obligation to supervise energy control on construction sites, are generally well defined contractually before work begins on industrial sites and some major commercial/institutional sites. On other types of construction sites, energy control is a more complex issue, as the client does not always have the required technical expertise. In this case, the worker must choose whatever work method seems appropriate. In most cases, this method is not lockout as defined in the regulation. Based on the findings, possible ways to promote individual control over energy sources involving planning, equipment design and simplified procedures are presented.

Price collusion, rationalisation and Admiralty oversight in British shipbuilding: The case of the Warship Group, 1926–1945

Between 1925 and 1935, several private firms capable of constructing warships, or parts thereof, collapsed, merged or were partly or fully ‘sterilised’ against any return to shipbuilding during a period of ‘rationalisation’ to reduce perceived overcapacity relative to demand in British shipbuilding. Thereafter, rearmament had the opposite effect upon industry; lack of capacity in some key areas created almost unprecedented demand, and led eventually to uncontrolled price collusion and profits, particularly on warship contracts. An investigation into profiteering was undertaken in 1943, which embarrassed the remaining builders and their principal contractors. This article establishes that the Admiralty had allowed a form of price-fixing at taxpayers’ expense to proliferate for some time, a largely unknown episode that spanned the years of disarmament and rearmament. Further, it explains how and why collusion occurred when it did, and discusses the catalytic role of shipyard rationalisation. Finally, we conclude by suggesting reasons for such loose Admiralty control of warship costs during rearmament.

Relationship quality in construction projects: A subcontractor perspective of principal contractor relationships

One of the defining characteristics of the construction industry is its subcontracting model of project organisation. Surprisingly, despite the criticality of the subcontractor/principal contractor relationship to successful project outcomes, research into this important relationship has been fragmented, disorganised and under-theorised. Mobilising theories of relationship quality to address this gap in knowledge, a survey of three hundred and thirty seven tier-one subcontractors in the Australian construction industry was undertaken to explore what factors influence relationship quality between subcontractors and principal contractors, whether these factors vary across the supply chain and how they affect overall relational satisfaction. The findings give subcontractors a missing voice in this important debate and provide a more nuanced understanding of this critical project relationship from a novel theoretical perspective. They indicate that from a subcontractor perspective, subcontractor/principal contractor relationship quality is determined by six key factors: integrity respect and fairness; prompt payment; willingness to negotiate risk and price; effective communication; concern for worker health, safety and well-being; and opportunities for early involvement in planning and design. Conceptually, when these factors are organised under the three dimensions of relationship quality theory (trust, satisfaction, and commitment), the results show that trust is by far the most important determinant of relationship quality. However, subcontractors cannot be treated as a homogeneous group and the factors that influence relationship quality and the importance of trust vary significantly between large and small subcontractors and by the amount of turnover-dependency in a relationship. Conceptually, the findings are important for refining the concept of relationship quality in a project management context and for helping construction project managers to improve often tenuous subcontractor relationships in an increasingly competitive industry where the quality of these relationships is a critical determinant of project outcomes and competitive advantage.

Community New York: Father Nelson Baker's Testimony of Faith

Community New YorkFather Nelson Baker's Testimony of Faith Richard Gribble CSC (bio) Driving along Ridge Road in Lackawanna, New York, east from the Buffalo Skyway (Route 5) or west from the New York Thruway (Interstate 90), one observes at the midpoint a towering edifice of faith. Located at the corner of Ridge Road and South Park is the Basilica of Our Lady of Victory. This church, with its twin towers in front and its magnificent cupola dome, stands alone in the area, dominating the skyline of the city. A sign reads: "Welcome to Father Baker's—Our Lady of Victory Pray for Us." On January 14, 2011, Pope Benedict XVI declared Monsignor Nelson Henry Baker to be "venerable" in the Church.1 Who was Monsignor Baker (who always preferred the Click for larger view View full resolution Our Lady of Victory Basilica, circa 1970s. courtesy of our lady of victory shrine and basilica archives. [End Page 393] Click for larger view View full resolution Father Nelson Baker, ordination photo. courtesy of our lady of victory shrine and basilica archives. humbler title of "Father Baker"), and why did he achieve this level of recognition from the Church? Nelson Baker (1842–1936), a priest of the Diocese of Buffalo, New York, became an iconic figure in western New York through his operation and supervision of St. Joseph's Orphanage and St. John's Protectory for boys, an infant home for unwed mothers and their children, and his pastorship of St. Patrick's Parish, later known as Our Lady of Victory. This series of institutions, known by Buffalonians as "The Second Holy City," protected, educated, and gave faith development to thousands of children during Baker's fifty-four-year tenure as superintendent and pastor. The remarkable ministry of Father Baker continues today as Our Lady of Victory Charities and Services. The Basilica of Our Lady of Victory was Baker's crowning achievement and today stands as a symbol of his life and ministry. As Buffalo's only Roman Catholic basilica, the second church so honored in the history of the United States, it stands as a testimony to Baker's faith, devotion to the Blessed Virgin Mary, and persistence.2 In 1921, having placed his three major institutions—the orphanage, protector, and infant home—on solid fiscal and physical foundations, Baker finally turned his full attention to building a monument to Our Lady of Victory, a project that had occupied his thoughts for many years. Baker chose [End Page 394] Click for larger view View full resolution Father Nelson Baker laying the final cornerstone for Our Lady of Victory Basilica, 1925. Courtesy of Our Lady of Victory Shrine and Basilica Archives. Emile Uhlrich, a Frenchman and graduate of the Academy of Paris, to design the church. Edward Jordan, one of Baker's parishioners and the principal contractor for the institutions for youths, was chosen to build the edifice. With his two major players for this massive undertaking in place, Father Baker turned his attention to financing the project. Ever confident that his patroness, Mary, would provide heavenly aid, Baker went forward with this project. Baker used his organ, the Annals, to raise the funds. Baker was also able to convince religious orders, fellow priests, and a few bishops to contribute more substantial funds to sponsor an altar or a statue of a saint.3 With financing underway, the project began with Baker overseeing every aspect of the construction. As the shrine rose majestically from the earth, the skyline of Lackawanna changed significantly. During the latter years of construction, Father Baker continued his vigilant and strict oversight of every aspect of the project. Construction proceeded relatively smoothly due largely to Father Baker's ability to wear several hats in order to get the job done. He often served as a cheerleader keeping all contractors and various other parties as happy as possible. His main function seems to have been as arbitrator when disputes arose between various contractors. Finally, in December 1925, the shrine was completed. Appropriately, Baker celebrated the first Mass in the shrine on Christmas Day.4 Formal dedication of the church was scheduled for March 19, 1926, Father Baker's...

Applying Lean Six Sigma in construction. World practice experience.

Persistent problems faced across the world by managing and construction companies (increasing construction costs, unsatisfactory level of construction materials quality, lack of coordination and consistency between process participants, decreased profitability of principal contractors, subcontractors and suppliers, failure to meet deadlines and budget deficit, inconsistency and fragmentation of processes) can be eliminated. A centralized and integrated approach is needed to identify, prioritize, find and eliminate the origin of problems, help to develop effective solutions and manage consequent activities to get necessary results. Foreign experience analysis has proved that both the required approach, the methodology and the problem-solving tools in the construction industry are available – this is the Lean Six Sigma management methodology, acknowledged as industry leading across the world. Without exaggeration, it seems possible to evaluate the results of Lean Six Sigma methodology practical application as outstanding since they stay ahead of the curve of industry average performance indicators in such developed economies as, for instance, the USA and Great Britain. The Lean Six Sigma methodology is focused on achieving world-class quality by eliminating all types of losses, costs, overhead expenditure and creating value for consumers. To achieve this goal, the Lean Six Sigma deployment affects all construction project participants involved and acting in the common interest - the customer, managing company, principal contractor, subcontractors, product suppliers, equipment suppliers, designers, surveyors.

Behind Subcontractor Risk: A Multiple Case Study Analysis of Mining and Natural Resources Fatalities

Subcontractors have always been linked to higher risk by the industry and academia. However, not much work exists in establishing the reasons behind this relationship. Much of the existing work, either categorise subcontractors under a theoretical label of work to apply the drawbacks of the label to them, or directly enter problem-solving mode. This study focusses on taking the perspective of subcontractors and explores ways in which this viewpoint interacts with safety systems and processes. This study applies a case study methodology to this problem. It examines a total of six cases reflecting six closed single subcontractor fatality accident investigation reports from the year 2004 to 2014 obtained from the Department of Natural Resources and Mines (DNRM) Queensland. These cases are then thematically analysed by employing subcontractor theory to identify themes to categorise the links between higher risk and subcontractors. The themes identified match two pre-existing categories (Institutional safety mechanisms do not cope with variability introduced by subcontractors; expertise in work does not translate to expertise in safety) and two new categories (communication does not flow to the subcontractor from the layers above them; safety work is viewed differently by subcontractor staff when compared to principal contractor’s/operators’) of subcontractor risk. This study aims to serve as a starting point for further research in understanding the subcontractor safety situation by putting things into the subcontractor’s perspective.

A SOFT SYSTEMS METHODOLOGY APPROACH TO IMPROVING THE SUPPLY CHAIN OF A CONSTRUCTION PROJECT IN GAUTENG PROVINCE, SOUTH AFRICA

The Soft Systems Methodology (SSM) was developed as a set of tools for identifying and making incremental steps to improve situations with poorly defined causes or solutions. The supply chain forms a key process of any construction project; however, on any given construction site, supply chain inefficiencies could arise from many different avenues. Opinions vary, though, on which of these avenues is more important for increasing supply chain efficiencies; whether any problem even exist across the different aspects of the supply chain; as well as what steps should be taken to resolve them. It was therefore studied, here, whether SSM could be employed as a useful tool to systematically apply in the supply chains of a construction project in South Africa, for understanding and targeting the problematic situations that arise. Following thorough cyclical open-ended interviews with 17 workers, supervisors, foremen, site clerks, senior managers, and the CEO of the principal contractor at a new office park construction project in Rosebank, Johannesburg, and a thematic analysis of the data, SSM was performed to understand the existing challenges, and develop a suitable model for improvement. The study found that SSM was a good tool for understanding the ‘messy’ circumstances surrounding the chosen construction project supply chain, as well as actions that could be taken to improve the supply chain’s efficiency on site. The findings add weight to the argument that SSM could be a good tool for project managers to systematically introduce into their project planning regimens

Subcontracting chain and workers’ participation in continuing vocational training: findings from the French, quantitative, linked employer–employee survey of training and career paths

This article discusses the correlation between cascading subcontracting and employees' participation in continuing vocational training. Based on a capability approach, it uses the French quantitative linked employer–employee survey on training and career paths (DEFIS) to question to what degree inter‐firm relations influence their employees’ training opportunities and processes. The results suggest cascading effects in training participation, considered from the angle of taking part both in training and training decision making. It addresses public policy issues arising from inequalities in employee participation with respect to the subcontracting relationship and thereby questions the liability of pure principal contractors.

건설하도급 거래의 공정화방안에 관한 일고찰

30 years has passed since the Fair Transactions in Subcontracting Act took effect, but most subcontracts are still executed orally, and unfair practices such as delaying in paying subcontract consideration still continue. Nevertheless, subcontractors are afraid of reporting such unfair practices in fear that big companies may cut off transactions and take a retaliatory action. Against this backdrop, the government is stepping up its efforts to prepare the system and policy to make fair subcontract transactions to take roots in order to vitalize economy. The Fair Trade Commission has made lots of endeavors so far to eradicate unfair transactions. Such endeavors have brought some improvement to unfair subcontract transactions through the actual condition survey and statistical analysis of subcontract transactions. This study examined the matters regulated in subcontract transactions from the stage entering into a contract to the stages of implementing the contract, delivering the object, paying consideration and completing transactions through the decisions of the Fair Trade Commission which ordered a principal contractor to correct violations against a subcontractor and pay penalty. In addition, in a recent case, the Supreme Court made a judgment that it should be deemed as an unreasonable decision of subcontract consideration in the event that a principal contractor decides subcontract consideration by reducing unit prices uniformly without due reason or at low unit prices unilaterally without agreement with a subcontractor. Even though the Fair Trade Commission prepared the Standard Form Subcontract and pushes for mandating or requesting to legislate its use, the Standard Form Subcontract is subject to many variables whenever construction related laws and systems change and depending on different conditions of construction site. Therefore, it is not desirable to obligate the use of the Standard Form Subcontract and it is more realistic to achieve the policy goal similar to obligating the use of the Standard Form Subcontract. In most cases where the Standard Form Subcontract has an unfair special agreement, the decisions of the Fair Trade Commission found them in violation with the Fair Transactions in Subcontracting Act, resulting in ordering correction, penalty and reporting to the prosecution. To solve this problem, it was examined to add a clause to invalidate any provision falling under unfair special agreements, and the Paragraph 3 of Article 5 of the Act on Contracts to Which the State is a Party, which was recently promulgated, added a clause to invalidate any unfair special agreement etc. Thus, it can be proposed to revise the Fair Transactions in Subcontracting Act and add a new clause to invalidate any unfair special agreement just like the Act on Contracts to Which the State is a Party. In particular, as opposed to the Monopoly Regulation and Fair Trade Act, the Fair Transactions in Subcontracting Act reflects the nature of mediating the disputes between the parties to subcontract transactions, and in this respect, it is not contradictory in legal system to prescribe the provision of the Fair Transactions in Subcontracting Act as a compulsory provision. Finally, the more capitalistic the society becomes today, the more specialization becomes the driving force of economic growth of companies and the differentiation between companies tend to be more specialized. At the same time, with the size of large companies expanding and the number of small and medium sized enterprises increasing in the market economy, the integration into large companies and the differentiation of small and medium sized enterprises are taking place together. As such, the driving force of economic growth today can expect reasonable economic growth when competition and cooperation exist in proper harmony and seek a win-win effect. And mutual synergy effect can be expected only when fair subcontracting is established at the center.

Using the cost of construction work to trigger legislative duties for WHS: the Australian experience

PurposeIn an attempt to create national harmonisation of legislation, a set of model Work Health and Safety (WHS) Regulations were developed in Australia. These regulations require principal contractors to undertake specific WHS planning and coordination activities if the construction works to be completed cost AU $250,000 or more. However, there are some doubts about the usefulness of this monetary threshold. This study aimed to investigate how effective this threshold can be in Australia.Design/methodology/approachTo evaluate the performance and operation of this threshold in the Australian construction industry, this study modelled the costs of construction for four construction project scenarios – small classroom, two-storey home renovation with adjacent pool, small commercial warehouse and single-storey house (volume home builder) – under various conditions based on historical data (2011–2017) and in eight Australian jurisdictions.FindingsAmong the six study factors (i.e. the types for construction, geographical location, design specification, delivery method, contracting approach and inflation), the research found considerable variation in the operation and performance of the monetary threshold.Originality/valueThe research highlights some potential challenges associated with the use of a monetary threshold in the regulation of WHS planning in construction projects. Thus, the results are expected to contribute to addressing these challenges, leading to the development of an appropriate balance to achieve efficient and effective WHS regulation in Australia.

Safety at the Front Line: Social Negotiation of Work and Safety at the Principal Contractor–Subcontractor Interface

AbstractThis research investigated the influence of the social context on work practices and safety at the principal contractor–subcontractor interface. Previous research has acknowledged that soci...