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Alshibani, A, El Ghazzawi, Y A, Mohammed, A, Ghaithan, A M and Hassanain, M A (2024) A multi-criteria decision-making model for heavy construction equipment replacement in Saudi Arabia. Journal of Financial Management of Property and Construction, 29(03), 485–511.
Amadi, A I (2024) Investigating ground-related design deficiencies as potential triggers to cost overruns in highway projects. Journal of Financial Management of Property and Construction, 29(03), 349–71.
Atapattu, C N, Domingo, N and Sutrisna, M (2024) A conceptual cost estimation model for the pre-design stage of road projects using multiple regression analysis. Journal of Financial Management of Property and Construction, 29(03), 388–404.
Badamasi, A A, Aryal, K R, Makarfi, U U and Dodo, M (2022) Drivers and barriers of virtual reality adoption in UK AEC industry. Engineering, Construction and Architectural Management, 29(03), 1307-18.
Barrientos-Orellana, A, Ballesteros-Pérez, P, Mora-Melia, D, González-Cruz, M C and Vanhoucke, M (2022) Stability and accuracy of deterministic project duration forecasting methods in earned value management. Engineering, Construction and Architectural Management, 29(03), 1449-69.
Bon, R and Crosthwaite, D (2001) The future of international construction: some results of 1992-1999 surveys. Building Research & Information, 29(03), 242–7.
Chandra, V and Loosemore, M (2011) Communicating about organizational culture in the briefing process: case study of a hospital project. Construction Management and Economics, 29(03), 223–31.
Choi, J O, Shrestha, B K, Kwak, Y H and Shane, J (2022) Exploring the benefits and trade-offs of design standardization in capital projects. Engineering, Construction and Architectural Management, 29(03), 1169-93.
Chowdhury, A N, Chen, P-H and Tiong, R L K (2011) Analysing the structure of public-private partnership projects using network theory. Construction Management and Economics, 29(03), 247–60.
Davidson, C H (2001) Technology watch in the construction sector: why and how?. Building Research & Information, 29(03), 233–41.
Demirkesen, S and Tezel, A (2022) Investigating major challenges for industry 4.0 adoption among construction companies. Engineering, Construction and Architectural Management, 29(03), 1470-503.
Eghbali-Zarch, M, Tavakkoli-Moghaddam, R, Dehghan-Sanej, K and Kaboli, A (2022) Prioritizing the effective strategies for construction and demolition waste management using fuzzy IDOCRIW and WASPAS methods. Engineering, Construction and Architectural Management, 29(03), 1109-38.
Guo, J, Chen, J and Xie, Y (2022) Determining a reasonable concession period for risky transportation BOT projects with government subsidies based on cumulative prospect theory. Engineering, Construction and Architectural Management, 29(03), 1396-426.
Hernández-Nicolás, C M, Martín-Ugedo, J F and Minguez-Vera, A (2022) Women CEOs and firm performance in the construction industry: evidence from Spain. Engineering, Construction and Architectural Management, 29(03), 1343-57.
Jawad, S and Ledwith, A (2022) A measurement model of project control systems success for engineering and construction projects case study: contractor companies in Saudi's petroleum and chemical industry. Engineering, Construction and Architectural Management, 29(03), 1218-40.
Kadan, R, Omotayo, T S, Boateng, P, Nani, G and Wilson, M (2024) The application of Bayesian network analysis in demystifying construction project subcontracting complexities for developing countries. Journal of Financial Management of Property and Construction, 29(03), 444–69.
Koolwijk, J, van Oel, C and Bel, M (2022) The interplay between financial rules, trust and power in strategic partnerships in the construction industry. Engineering, Construction and Architectural Management, 29(03), 1089-108.
Koskela, L and Vrijhoef, R (2001) Is the current theory of construciton a hindrance to innovation?. Building Research & Information, 29(03), 197–207.
Laryea, S (2011) Quality of tender documents: case studies from the UK. Construction Management and Economics, 29(03), 275–86.
Li, H, Guo, H L, Skitmore, M, Huang, T, Chan, K Y N and Chan, G (2011) Rethinking prefabricated construction management using the VP-based IKEA model in Hong Kong. Construction Management and Economics, 29(03), 233–45.
Lin, Y and Yang, W (2022) Tri-optimization of building shape and envelope properties using Taguchi and constraint limit method. Engineering, Construction and Architectural Management, 29(03), 1284-306.
Maina, J J (2024) Modelling business performance from marketing practices of architecture firms in Nigeria. Journal of Financial Management of Property and Construction, 29(03), 425–43.
Mbachu, J and Frei, M (2011) Diagnosing the strategic health of an organization from SWOT analysis results: case study of the Australasian cost management profession. Construction Management and Economics, 29(03), 287–303.
Naveed, F and Khan, K I A (2022) Investigating the influence of information complexity on construction quality: a systems thinking approach. Engineering, Construction and Architectural Management, 29(03), 1427-48.
Ndekugri, I, Silverio, A K and Mason, J (2024) Enforcing payment obligations under construction contracts by insolvency proceedings. Journal of Financial Management of Property and Construction, 29(03), 372–87.
- Type: Journal Article
- Keywords: adjudication; construction contract administration; insolvency; payment; summary judgment; winding up
- ISBN/ISSN: 1366-4387
- URL: https://doi.org/10.1108/JFMPC-08-2023-0051
- Abstract:
Purpose: States have intervened with legislation to improve cashflow within construction project supply chains. The operation of the UK’s Housing Grants, Construction and Regeneration Act 1996 leads to payment obligations stated either as a contract administrator’s certificate (or equivalent) or an adjudicator’s decision. The purpose of the intervention would be defeated unless there are speedy ways of transforming these pieces of paper into real money. The combination of the legislation, contractual provisions and insolvency law has produced a minefield of complexity concerning enforcement of payment obligations stated in these documents. Unfortunately, the knowledge and understanding required to navigate these complexities have been sorely lacking. The purpose of this paper is to plug this gap. Design/methodology/approach: Legal research methods and case study approaches, using relevant court decisions as data, were adopted. Findings: The enforcement method advised by the court is the summary judgment procedure provided under the Civil Procedure Rules. An overdue payment obligation, either under the terms of a construction contract or an adjudicator’s decision, amounts to a debt that can be the subject of insolvency proceedings. Although the insolvency enforcement method has been successfully used on some occasions, using it purely as a debt collection weapon would be inappropriate and likely to be punished by the court. Originality/value: The paper contributes to knowledge in two ways: (i) it maps out the factual situations in which these payment challenges arise in language accessible to the construction industry’s professions; and (ii) comparative analysis of payment enforcement methods to aid decision-making by parties to construction industry contracts. It is relevant to the other common-law jurisdictions in which similar statutory interventions have been made. © 2024, Emerald Publishing Limited.
Ni, G, Zhang, Z, Yuan, Z, Huang, H, Xu, N and Deng, Y (2022) Transformation paths and influencing factors of tacit knowledge into explicit knowledge in real estate companies: a qualitative study. Engineering, Construction and Architectural Management, 29(03), 1319-42.
Ogunseiju, O, Olayiwola, J, Akanmu, A and Olatunji, O A (2022) Evaluation of postural-assist exoskeleton for manual material handling. Engineering, Construction and Architectural Management, 29(03), 1358-75.
Oke, A E, Aliu, J, Ehiosun, L U, Ebekozien, A and Rotimi, A A (2024) From hurdles to heights: Blueprint for tackling distributed ledger technology challenges in the construction sector of a developing economy. Journal of Financial Management of Property and Construction, 29(03), 405–24.
Olawumi, T O and Chan, D W M (2022) Developing project evaluation models for smart sustainable practices implementation in construction projects: a comparative study between Nigeria and Hong Kong. Engineering, Construction and Architectural Management, 29(03), 1522-52.
Oraee, M, Hosseini, M R, Edwards, D and Papadonikolaki, E (2022) Collaboration in BIM-based construction networks: a qualitative model of influential factors. Engineering, Construction and Architectural Management, 29(03), 1194-217.
Rajhans, R K (2024) Promoters’ equity pledging, policy uncertainty and firm-level cash holding: Evidence from an emerging market. Journal of Financial Management of Property and Construction, 29(03), 470–84.
Seaden, G and Manseau, A (2001) Public policy and construction innovation. Building Research & Information, 29(03), 182–96.
Shan, Y, Goodrum, P M, Zhai, D, Haas, C and Caldas, C H (2011) The impact of management practices on mechanical construction productivity. Construction Management and Economics, 29(03), 305–16.
Sharma, V, Zaki, M, Jha, K N and Krishnan, N M A (2022) Machine learning-aided cost prediction and optimization in construction operations. Engineering, Construction and Architectural Management, 29(03), 1241-57.
Slaughter, E S (2001) Design strategies to increase building flexibility. Building Research & Information, 29(03), 208–17.
Stouffs, R (2001) Visualizing information structures and its impact on project teams: an information architecture for the virtual AEC company. Building Research & Information, 29(03), 218–32.
Tabish, S Z S and Jha, K N (2011) Analyses and evaluation of irregularities in public procurement in India. Construction Management and Economics, 29(03), 261–74.
Toosi, H, Ghaaderi, M A and Shokrani, Z (2022) Comparative study of academic research on project management in Iran and the World with text mining approach and TF–IDF method. Engineering, Construction and Architectural Management, 29(03), 1553-83.
Umar, T (2022) Challenges of BIM implementation in GCC construction industry. Engineering, Construction and Architectural Management, 29(03), 1139-68.
Wang, Y, Ye, G, Zheng, C and Zhang, S (2022) Total factor productivity growth and its decomposition in the Chinese construction industry since China's accession to the World Trade Organization. Engineering, Construction and Architectural Management, 29(03), 1258-83.
Yu, J, Ma, G, Ding, W, Mao, J and Wang, J (2022) Structural model for the relationships between age-friendly communities and quality of life of older adults in Hefei, China. Engineering, Construction and Architectural Management, 29(03), 1376-95.