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John Murdoch

Bio: John Murdoch is an academic researcher from University of Reading. The author has contributed to research in topics: Valuation (finance) & Contributory negligence. The author has an hindex of 10, co-authored 24 publications receiving 590 citations.

Papers
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Book
31 Dec 1990
TL;DR: In this paper, the authors present a survey of the UK construction sector context, focusing on the role of contract administrator and role of role of the contract administrator in contract termination and suspension and termination of contracts.
Abstract: 1. UK construction sector context 2. Roles and relationships 3. General contracting 4. Design-build 5. Construction management 6. Collaborative contracting 7. Risk allocation and procurement decisions 8. Contract choice 9. Tendering and contract formation 10. Liability in contract and tort 11. Contractor's obligations 12. Employer's obligations 13. Responsibility for design 14. Time 15. Payment 16. Contractors' delay and disruption costs 17. Insurance and bonds 18. Role of the contract administrator 19. Sub-contracts 20. Financial remedies for breach of contract 21. Defective buildings and subsequent owners 22. Suspension and termination of contracts 23. Non-adversarial dispute resolution 24. Adversarial dispute resolution

263 citations

Journal ArticleDOI
TL;DR: In this article, the authors examine critically the margin of error principle currently used by the English courts as a test of negligence in valuations and examine whether the "bracket" of 10-15% which is routinely accepted by judges is justified by reference to existing empirical studies of valuation accuracy and variation.
Abstract: The paper aims to examine critically the margin of error principle currently used by the English courts as a test of negligence in valuations. In particular, it considers whether the 'bracket' of 10-15% which is routinely accepted by judges is justified by reference to existing empirical studies of valuation accuracy and variation. The paper traces the development, status and current operation of the margin of error principle through the case law, noting that the principle was originally put forward by valuers appearing as expert witnesses in negligence actions. It then reviews the previous empirical work on valuation accuracy and valuation variation, concluding that the latter is potentially of much greater relevance. The valuation variation analysis is extended to previously unpublished data, including the performance of expert witnesses themselves, where the paper identifies a striking contrast between the experts' assertions as to the size of 'error' which suggests negligence and the range of valuatio...

99 citations

Book
01 Jan 2019
TL;DR: In this article, the authors present an explanation of the fundamental principles of construction contract law, rather than a clause-by-clause analysis of any particular standard-form contract.
Abstract: This book is aimed primarily at students for whom the study of building or civil engineering contracts forms part of a construction-based course. We have had in mind the syllabus requirements for first degrees in Building, Civil Engineering, Architecture, Quantity Surveying and Building Surveying, as well as those of postgraduate courses in Construction Management and Project Management. We have also assumed that such students will already have been introduced to the general principles of English law, especially those relating to contract and tort. As a result, while aspects of those subjects that are of particular relevance to construction are dealt with here, the reader must look elsewhere for the general legal background. In producing this third edition, we have again been greatly assisted by the many helpful comments made by reviewers and users of its predecessor. Nonetheless, our basic aim is identical to that which underpinned the first edition: to provide an explanation of the fundamental principles of construction contract law, rather than a clause-by-clause analysis of any particular standard-form contract. As a result, while we draw most frequently upon JCT 98 for our illustrations of particular points, this merely reflects the pre-eminent position occupied by that particular form of contract in the UK construction industry. We conclude by repeating our previous warning as to the dangers inherent in a little learning. Neither this book, nor the courses for which it is intended, seek to produce construction lawyers. The objective is rather to enable those who are not lawyers to resolve simple construction disputes before they become litigious, and to recognize when matters require professional legal advice. It should be the aim of every construction student to understand the legal framework sufficiently that they can instruct and brief specialist lawyers, and this book is designed to help them towards that understanding.

45 citations

Book
01 Dec 2001
TL;DR: In this paper, a catalogue of concepts and terms (a “Terminology”) has been compiled and indexed to enable those who draft contracts to choose the most appropriate titles for project participants.
Abstract: Standard form contracts are typically developed through a negotiated consensus, unless they are proffered by one specific interest group. Previously published plans of work and other descriptions of the processes in construction projects tend to focus on operational issues, or they tend to be prepared from the point of view of one or other of the dominant interest groups. Legal practice in the UK permits those who draft contracts to define their terms as they choose. There are no definitive rulings from the courts that give an indication as to the detailed responsibilities of project participants. The science of terminology offers useful guidance for discovering and describing terms and their meanings in their practical context, but has never been used for defining terms for responsibilities of participants in the construction project management process. Organizational analysis enables the management task to be deconstructed into its elemental parts in order that effective organizational structures can be developed. Organizational mapping offers a useful technique for reducing text-based descriptions of project management roles and responsibilities to a comparable basis. Research was carried out by means of a desk study, detailed analysis of nine plans of work and focus groups representing all aspects of the construction industry. No published plan of work offers definitive guidance. There is an enormous amount of variety in the way that terms are used for identifying responsibilities of project participants. A catalogue of concepts and terms (a “Terminology”) has been compiled and indexed to enable those who draft contracts to choose the most appropriate titles for project participants. The purpose of this terminology is to enable the selection and justification of appropriate terms in order to help define roles. The terminology brings an unprecedented clarity to the description of roles and responsibilities in construction projects and, as such, will be helpful for anyone seeking to assemble a team and specify roles for project participants.

33 citations

Journal ArticleDOI
TL;DR: In this article, it is shown that retention is far more expensive for firms whose work consists of short contracts and the extra cost is multiplied when the final payment is delayed, as it often is for those whose work takes place at the beginning of a project.
Abstract: Cash retention is a common means of protecting an employer from a contractor's insolvency as well as ensuring that contractors finish the work that they start. Similarly, contractors withhold part of payments due to their sub-contractors. Larger contracts tend to be subjected to smaller rates of retention. By calculating the cost of retention as an amount per year of a contract, it is shown that retention is far more expensive for firms whose work consists of short contracts. The extra cost is multiplied when the final payment is delayed, as it often is for those whose work takes place at the beginning of a project. This may explain why it is that main contractors are a lot less interested than sub-contractors in alternatives to cash retention, such as retention bonds.

29 citations


Cited by
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19 May 2000
TL;DR: The TFV-teoriaksi (Transformation, flow, value generation) as discussed by the authors is a well-known method for value generation in the literature, e.g. in finance.
Abstract: Vaitoskirja pyrkii vastaamaan kahteen kysymykseen: Onko mahdollista muotoilla tuotannon teoriaa? Jos on, johtaako teoria tehokkuuden kohoamiseen, kun sita sovelletaan rakentamiseen? Historiallinen analyysi paljastaa, etta 1900-luvulla on kehitetty ja sovellettu kolmea eri tuotannon kasitteellista mallia. Tuotanto on nahty muunnoksena, virtana ja arvontuottona. Kaikkia naita malleja voidaan perustellusti pitaa valttamattomina tuotannon ymmartamiseksi, ja niita tulisi siten soveltaa rinnakkain. Vaitostutkimuksessa esitettavaa tuotannon mallia kutsutaan tuotannon TFV-teoriaksi (Transformation, Flow, Value generation). Tutkimuksen tulokset osoittavat, etta tehokkuutta alentavia ongelmia esiintyy yleisesti rakentamisen kaikissa vaiheissa: rakennuttajan paatoksenteossa, suunnittelun ohjauksessa ja rakennustuotannon ohjauksessa. TFV-teoria selittaa suurelta osin rakentamisen ongelmien syntymisen. Tarkasteltaessa pioneeriyritysten kehittamishankkeita, joissa on sovellettu TFV-teorian tiettyja ydinpiirteita, voidaan havaita, etta talle teorialle perustuvat menetelmat tuottavat merkittavia kustannussaastoja ja muita hyotyja. TFV-teorian avulla voidaan siten suunnata uusiin tehokkaampiin menetelmiin tahtaavaa kokeilua ja kehitystyota seka rakentamisen kaytannon etta tutkimuksen piirissa.

1,235 citations

Journal ArticleDOI
Cynthia Hardy1
TL;DR: A review of the book "Organizations: Rational, Natural and Open Systems" by W.R. Scott is given in this paper, where the authors present a review of their work.
Abstract: This article presents a review of the book “Organizations: Rational, Natural and Open Systems,” by W.R. Scott.

1,010 citations

Journal ArticleDOI
TL;DR: Chi2 is a simple and general algorithm that uses the /spl chi//sup 2/ statistic to discretize numeric attributes repeatedly until some inconsistencies are found in the data and achieves feature selection via discretization.
Abstract: Discretization can turn numeric attributes into discrete ones. Feature selection can eliminate some irrelevant and/or redundant attributes. Chi2 is a simple and general algorithm that uses the /spl chi//sup 2/ statistic to discretize numeric attributes repeatedly until some inconsistencies are found in the data. It achieves feature selection via discretization. It can handle mixed attributes, work with multiclass data, and remove irrelevant and redundant attributes.

327 citations

Journal ArticleDOI
TL;DR: There is real potential for DLT to support digitalisation in the construction industry and enable solutions to many of its challenges, but there needs to be further investigation of the readiness of the industry, its organisations and processes, and to evaluate what changes need to occur before implementation can be successful.

307 citations

Journal ArticleDOI
TL;DR: In this article, the authors investigated the causes of delay of building construction projects in Ghana to determine the most important according to the key project participants; clients, consultants, and contractors.
Abstract: This study investigates the causes of delay of building construction projects in Ghana to determine the most important according to the key project participants; clients, consultants, and contractors. Thirty-two possible causes of delay were identified from the literature and semi-structured interviews of 15 key players in the implementation process. These delay factors were further categorised into nine major groups. The list of delay causes was subjected to a questionnaire survey for the identification of the most important causes of delay. The field survey included 130 respondents made up of 39 contractors, 37 clients and 54 consultants. The relative importance of the individual causes and the groups were calculated and ranked by their relative importance index. The overall results of the study indicate that the respondents generally agree that financial group factors ranked highest among the major factors causing delay in construction projects in Ghana. The financial group factors were delay in honouring payment certificates, difficulty in accessing credit and fluctuation in prices. Materials group factors are second followed by scheduling and controlling factors.

303 citations