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Abbasi, S, Taghizade, K and Noorzai, E (2020) BIM-Based Combination of Takt Time and Discrete Event Simulation for Implementing Just in Time in Construction Scheduling under Constraints. Journal of Construction Engineering and Management, 146(12).

Assaad, R, El-adaway, I H, El Hakea, A H, Parker, M J, Henderson, T I, Salvo, C R and Ahmed, M O (2020) Contractual Perspective for BIM Utilization in US Construction Projects. Journal of Construction Engineering and Management, 146(12).

Assaad, R, El-adaway, I H, Hastak, M and Needy, K L (2020) Commercial and Legal Considerations of Offsite Construction Projects and their Hybrid Transactions. Journal of Construction Engineering and Management, 146(12).

  • Type: Journal Article
  • Keywords:
  • ISBN/ISSN: 0733-9364
  • URL: https://doi.org/10.1061/(ASCE)CO.1943-7862.0001948
  • Abstract:
    The commercial and legal challenges of offsite construction technology have become more pronounced with the ongoing rise and growing popularity of such construction method. Offsite construction represents a combination between construction services-based activities and manufacturing/fabrication goods-based tasks, thus called hybrid transactions. This mixed nature has created many uncertainties concerning whether the common law or the Uniform Commercial Code (UCC) shall govern. To this end, this paper aims to enhance the knowledge of the commercial and legal treatment of hybrid offsite construction transactions. To achieve that, this paper followed a research methodology that employs three types of analysis: analysis of the commercial and legal provisions, case study analysis, and comparative analysis. That said, the paper (1) studied the UCC’s commercial and legal stipulations with regard to hybrid offsite construction transactions; (2) analyzed six case studies in the US to examine the decision structure upon which the courts determine whether the common law or the UCC shall govern the hybrid offsite construction transactions; and (3) compared between the common law and UCC provisions as related to the treatment of hybrid offsite construction transactions. To verify the usefulness and benefits of the performed analyses in this paper, the authors shared the outcomes of the paper with a focus group of leading attorneys and experts at two major US law firms with an average experience of more than 20  years in hybrid transactions, offsite construction processes, and their related commercial and legal considerations. This paper provides guidance on different commercial and legal aspects of hybrid offsite construction transactions including offer acceptance and withdrawal, requirements for a written contract, offsite-fabricated goods’ inspection and rejection, risk of loss, and warranties, among others. Further, eight factors were identified to determine whether the common law or the UCC shall govern hybrid offsite construction transactions. This paper makes many contributions to the body of knowledge, with the primary contributions being providing a better discernment of the commercial and legal aspects of hybrid offsite construction projects and offering guidance to the management, commercial, and legal practitioners on different considerations related to offsite construction transactions.

Bangaru, S S, Wang, C, Zhou, X, Jeon, H W and Li, Y (2020) Gesture Recognition–Based Smart Training Assistant System for Construction Worker Earplug-Wearing Training. Journal of Construction Engineering and Management, 146(12).

Chang, S, Castro-Lacouture, D and Yamagata, Y (2020) Estimating Building Electricity Performance Gaps with Internet of Things Data Using Bayesian Multilevel Additive Modeling. Journal of Construction Engineering and Management, 146(12).

Erol, H, Dikmen, I, Atasoy, G and Birgonul, M T (2020) Exploring the Relationship between Complexity and Risk in Megaconstruction Projects. Journal of Construction Engineering and Management, 146(12).

Jallan, Y and Ashuri, B (2020) Text Mining of the Securities and Exchange Commission Financial Filings of Publicly Traded Construction Firms Using Deep Learning to Identify and Assess Risk. Journal of Construction Engineering and Management, 146(12).

Kong, F and Dou, D (2020) RCPSP with Combined Precedence Relations and Resource Calendars. Journal of Construction Engineering and Management, 146(12).

Li, H, Luo, X and Skitmore, M (2020) Intelligent Hoisting with Car-Like Mobile Robots. Journal of Construction Engineering and Management, 146(12).

Loosemore, M, Sunindijo, R Y and Zhang, S (2020) Comparative Analysis of Safety Climate in the Chinese, Australian, and Indonesian Construction Industries. Journal of Construction Engineering and Management, 146(12).

Mahdavian, A and Shojaei, A (2020) Hybrid Genetic Algorithm and Constraint-Based Simulation Framework for Building Construction Project Planning and Control. Journal of Construction Engineering and Management, 146(12).

Nguyen, P H D, Tran, D Q and Lines, B C (2020) Empirical Inference System for Highway Project Delivery Selection Using Fuzzy Pattern Recognition. Journal of Construction Engineering and Management, 146(12).

Roupé, M, Johansson, M, Maftei, L, Lundstedt, R and Viklund-Tallgren, M (2020) Virtual Collaborative Design Environment: Supporting Seamless Integration of Multitouch Table and Immersive VR. Journal of Construction Engineering and Management, 146(12).

Sarihi, M, Shahhosseini, V and Banki, M T (2020) Multiskilled Project Management Workforce Assignment across Multiple Projects Regarding Competency. Journal of Construction Engineering and Management, 146(12).

Shi, J, Liu, B, Tan, J, Dai, J, Chen, J and Ji, R (2020) Experimental Studies and Microstructure Analysis for Rapid-Hardening Cement Emulsified Asphalt Mortar. Journal of Construction Engineering and Management, 146(12).

Signor, R, Love, P E D, Marchiori, F F and Felisberto, A D (2020) Underpricing in Social Infrastructure Projects: Combating the Institutionalization of the Winner’s Curse. Journal of Construction Engineering and Management, 146(12).

Wang, D, Wang, Y and Lu, Y (2020) Impact of Regulatory Focus on Uncertainty in Megaprojects: Mediating Role of Trust and Control. Journal of Construction Engineering and Management, 146(12).

Wu, W, Sandoval, A, Gunji, V, Ayer, S K, London, J, Perry, L, Patil, K and Smith, K (2020) Comparing Traditional and Mixed Reality-Facilitated Apprenticeship Learning in a Wood-Frame Construction Lab. Journal of Construction Engineering and Management, 146(12).

Xu, X, Chen, K and Cai, H (2020) Automating Utility Permitting within Highway Right-of-Way via a Generic UML/OCL Model and Natural Language Processing. Journal of Construction Engineering and Management, 146(12).

Yin, X, Bouferguene, A and Al-Hussein, M (2020) Data-Driven Sewer Pipe Data Random Generation and Validation. Journal of Construction Engineering and Management, 146(12).