Challenges to the UK Building Industry Regulations

Challenges to the UK mental synthesis manufacture RegulationsLiterature ReviewThe Building (construction) industry is complex in nature. It involves several stakeholders with different procedure, process and intelligence therefore, there argon bound to be participations and disputes amongst them.Jaffar et al. Jaffar, Abdul Tharim, et al. 2011 state that a study chthoniantaken by Kumaraswamy and Yogeswaran Kumaraswamy and Yogeswaran 1998 provided a good reference of the rough-cut sources of construction disputes that are in all likelihood related to contractual matters, including variation, extension of time, payment, availability of in clearation, quality of skillful specification, administration and management, failure to meet clients expectations and determination. difference may be as a dissolving agent of difficulties in communications between individuals, barriers between psycheal and professional relationships, informal agreements etc. Conflict are also known to produce tension and astonishment amongst team members or stakeholders, from performing their agreed task.Gould Gould explained that dispute may arise in construction project, and taking adequate steps in avoiding them is actually important. sound communication, identifying objective solutions and avoiding involvement stern help in achieving a hurdle-free project lifecycle. In the construction industry, commercially based settlement is frequently used, either in negotiation or by mediation. Time and money nookie be saved by using a mediator or other ADR (Alternative engagement Resolution) process.The literature review of this research will cover the UK building Industry the building regulations applicable in the UK causes of involvement and how they can be managed.The UK Building IndustryThe UK construction industry employs 2.9 million good deal, approximately 10% of all jobs (in over 280,000 businesses). It contributes nearly 90bn to the UK economy, 6.7% of the total. The g lobal construction output is expected to increase from around $8.5 one thousand million today to $12 trillion in 2025. The UK is considered to be the sixth superst green construction sector in the world, with around 60,000 jobs to support the insulation sector solo by 2015 HM Government.As stated by HM Government HM Government, the population of 2.9 million people is divided into the next tradesExecutive and managerial 11%Painters and decorators 3%Civil, mechanical, electrical engineers 5%Bricklayers, masons, roofers, tilers 3%Metal, electrical and mechanical trades 10%Architects, town planners, surveyors 6%Carpenters and joiners 7%Plant and machine operatives and drivers 7%Plasterers, glaziers and other trades 5%Plumbers and warmth ventilation engineers 5%Other occupations 37%Building Regulations in the UKIn the United Kingdom, Building regulations are statutory instruments that match that the policies set out in appropriate regulations are rail dash carried out a s required. Building regulations that are applied across in Scotland are set out in the Building (Scotland) lick 2003 while across England and Wales, Building regulations applied are set out in Building Act 1984.The Building regulations for the UK are generally divide into terceEngland and WalesScotland andNorthern Ireland.In England and Wales, the plane section for Communities and Local Government (CLG) is responsible for Building Regulations. The Building regulations legislative frame acidify principally make up of the Building Regulations 2000 and the Building ( approve Inspectors etc.) Regulations 2000. The aim of these regulations is to provide standards for most aspects of buildings construction, including its structure, unload safety, thermal efficiency, sound insulation, drainage, ventilation and electrical safety. Further more than, Electrical safety was acknowledged in January 2005 to reduce the number of fatality, injuries and fire caused by faulty electrical install ation KnaufInsulation.As stated by England and Wales Planning Portal UK National Archives, the Building Act 1984 is the primary legislation under which the Building Regulations and other secondary legislation are made.The many powers of the Building Act 1984 include those forSetting the status of Approved DocumentsSetting the status of Approved DocumentsDangerous structuresDemolition of buildingsThe role of Approved InspectorsEnforcement of Building RegulationsPowers of entry to premises etc.As noted in the Building and Buildings, England and Wales The Building Regulation 2010 Legislation.gov.uk, the regulations covers the followingControl of Building reckonNotices, Plans and CertificatesSupervision of Building Work Otherwise than by Local AuthoritiesSelf Certification SchemesEnergy Efficiency Requirements peeing Efficiency RequirementsWater EfficiencyInformation to be provided by the Person Carrying Out WorkTesting and CommissioningMiscellaneousIn Northern Ireland, the departmen t of Finance and Personnel (DFPNI) for Building regulations. The Building regulations (Northern Ireland) Order was enacted in 1972, which was subsequently amend in 1978 before finally replaced by the Building Regulations (Northern Ireland) Order 1979 (as amended 1990). The current regulations are the Building Regulations (Northern Ireland) 2009. The Building Regulations set the requirements and standards that can be attained reasonably, having regard for the health, safety, welfare and comfort of people in and around buildings and others affect by buildings or building matters KnaufInsulation.The Scottish Building Standards Agency (SBSA) is responsible for the Scottish building standards system. The Building regulations legislative framework in Scotland is principally made up of the Building (Scotland) Act 2003 and the Building (Procedure) (Scotland) Regulations 2004. The Scottish Building Standards Agency will work on behalf of Scottish Ministers to KnaufInsulationPromote the heal th, safety, welfare and comfort of people in and around buildingsEncourage the conservation of fuel and power andEncourage the achievement of sustainable increase.Planning permission are different from Building regulations they are concerned with appropriate development, the neighbourhoods appearance, and nature of land usage while Building regulations control how buildings are designed and construction (building specifications).Definition of fightingsMost people do not recognise the difference between conflict and dispute. Many scholars suffer differentiated between the two terms. As defined by Burgess et. al Burgess and Spangler, Disputes are defined as short-term disagreements that are relatively easy to resolve. Long term, deep-rooted problems that involve seemingly non-negotiable issues and are resistant to resolution are referred as Conflicts.A dispute can go when a claim or assertion made by one party is rejected by other party and that rejection is not accepted Kumarasw amy and Yogeswaran 1998. This shows that a dispute is more likely to occur when the conflicting parties exhibit an action or arguments to a controversy.Jaffer et al. Jaffar, Abdul Tharim, et al. 2011 noted that according to Thomas Thomas 1992, there are three themes among the definitions of conflict. The first, it is regarded as a perception issue, whether conflict make it or not. The perceived difference may not be real but conversely if the difference is real but not perceived, there is no conflict. The second, there is interdependence among parties (i.e. each has the potential to mediate with the other). Thirdly, there are issues of opposition, blockage and scarcity. Resources (money, power and prestige) are limited. Their scarcity creates blocking demeanour.Conflict and dispute are two distinct notions. Conflict tends to exists where there is repulsion of interest, and it is pandemic. Conflict can be managed to an extent at which a dispute is avoided to occur from the conflic t. Dispute require resolution, and it is associated with defined justiciable issues and third party intervention Fenn and Lowe 1997.Costintino and merchandiser Costintino and Merchant 1996 defined conflict as the fundamental disagreement between two parties, of which a dispute is one possible outcome (conciliation, conflict avoidance, or capitulation are other outcomes). Furthermore, conflict is a state rather than a process. Participating parties with different interests, value, or needs may be in a state of conflict, which may be considered to be latent (meaning ignored) or manifest resulting in a form of dispute or disputing process. Therefore, a conflict can exist without a dispute, but a dispute cannot exist without a conflict Yarn 1996Conflict can be defined as a social phenomenon which can arise when people interact and pursue common goals. The beginning of a disagreement if oft when two people or parties have differing interests and work against one another in smart set t o achieve their set objectives. Furthermore, conflicts only carry destructive potential, they can also offer many opportunities for change, development and innovation Proksch 2016.Gorse Gorse 2003 defined conflict as any divergence of interest, objectives or priorities between individuals, groups or organisation, or non-conformance to requirements of a task, activity or process. Conflict is not only inevitable in the construction industry, it is often desirable.The numerous definitions shows that scholars look at conflicts and disputes from different angles. However, most researchers are of the opinion that conflict and disputes division the same definition that is generally involve disagreement regarding interests or ideas Kumaraswamy and Yogeswaran 1998. This research adopts the view that conflict and dispute are the same.Types of ConflictsIdentifying what type of conflict that exist is very important, as it will reduce the risk of tackling the wrong problem. Each conflict has a multitude of different facets. In resolving a conflict, it is often essential to determine the root cause before solving the actual problem. Depending on the causes, there are six different basic forms of conflict, namely Proksch 2016 specific conflictsCircumstantial conflict are referred to those conflicts that are caused as a result of differing, insufficient or incorrect information, as well as differing interpretations of this information. An example is A car accident resulting in damage to property. Solution to such conflict is normally on factual aim obtaining all required information, clarify all facts, sanction agreement on facts assessed and if necessary, employ the assistance of independent experts.Circumstantial conflict is more about who compensates whom for the damages caused and in what amount. Emotions that arises in this type of conflicts usually disappears after clarification of the issue.Conflicts of interestThis type of conflict is not about facts but differing interests. For example in a neighbourhood, conflict between a bar possessor and a resident due to noise disturbance, the former has a legitimate right to have as many customers as possible. In this context, the bar owner may be required to play loud music. The resident also has a legitimate interest in peace and quiet.It is advisable to identify the individual interest and requirements. These are sometimes not clear by the positions of the parties involved. Once legitimate interest are revealed, it makes it easier to resolve, as requirements are often broadly-based. Consequently, these increases the possibility of versatile options.Relationship conflictsRelationship conflict is caused by problems of an emotional nature. These conflicts are as a result of feelings like fear, frustration, similar emotions, envy, unmet expectations or reoccurred mis understands. Something of value to one person may not be of interest to the other person e.g. punctuality. A relationship conflict may arise amongst parties where one perceive the unpunctuality of the other as a gesture of contempt. The parties involved should be given the opportunity to express their feelings and the underlying aspirations and needs of each individual should be understood by parties.Conflicts of valuesDiffering ideals and principles clash may result in Conflicts over value. A classic example of this form of conflict is disparate religious norms, but a more general example is when values such as seniority on one side and transaction orientation on the other come into conflict. In some cases, both principles in varying degree are valued.Establishing a common value footing will aid conflicts of values resolution. In an way out where a common basis for discussion cannot be determined, a decision should be taken at a higher instance or by a court.Structural conflictsThis form of conflict does not result from difference between people but from differences in structural factor. There is typically a n flying field of tension between sales and construction areas of a company, a latent conflict, because they set definite priorities and pursue different goals. Another example is the tension that exist between two opposing lawyers in a trial, they engage in conflict with one another based on the logic of the legal system.In search of a solution, It is advisable to focus on the development of regulatory and coordination processes, in a view to constructively manage the permanent tension.Inner conflictsThis form of conflict is the world of thoughts and feelings of one person. Everyones desires, goal or role requirements varies therefore, contradict one another. For example, the thought of Shall I finish the assignment today and line post later, or put it off until tomorrow and have dinner with my family? In this instance, the role of a family person and the role of a professional come into conflict. return conversation with someone may help in dealing with serious inner conflicts .Figure 1 Types of Conflicts As explained by Gorse Gorse 2003, conflict can be perceived to be natural, functional and constructive or unnatural, dysfunctional, destructive and unproductive. Challenges, disagreements and arguments relating to tasks, roles, processes and functions, may result from functional conflict which often involves detailed discussion of germane(predicate) issues. The advantages of function conflict areHelping to expose problemsReduce risksIntegrate ideasProduce a range of solutionDevelop understandingEvaluate alternatives and rectify solutions.Unnatural conflict can be defined as where a participant enters into encounter intending the destruction or disablement of the other party. Dysfunctional conflict can be as a result of personal insults, criticism that encourages self-ego and comments that lack regards for others feelings. This type of conflict is not aimed at improving task performance Gorse 2003.Causes of Conflict in Construction IndustryConflict devel ops in multidisciplinary building teams as group members tend to impose their team objectives on others, in order to change others beliefs or actions. Furthermore, conflict may result due to a failure to develop and manage peoples expectations. For example, the in see of some clients means that when explaining the construction process, it has be detailed. Explanation should broken-down to their level of understanding. When problem arises and decision need to be made, clients require unbiased and professional responses but this is often inconsistent because information or responses are offered from different professionals. Information from professionals may differ even if they provide the same service because they tend to concentrate on aspects closely associated with their profession, training and experience Gorse 2003.Conflicts are often not conspicuous, they are mostly recognisable by their symptoms which may include Proksch 2016Opposition, rejection The conscious or unconscious a ttempt to prevent the opposing in achieving his objectives, in the work that is carried out carelessly or information is not communicated.Withdrawal, indifference The parties involved loses motivation to work as well as the need to open up emotionally. This often referred to as inner resignation.Kumaraswamy Kumaraswamy 1997 identified 20 common causes of construction conflict and disputes, which are as followsFailure of answer to issues on timeLack of communication among the team membersThe mechanism is not clear in providing informationPoor management, control and coordinationFailure to determine obligation in accordance with the contractEstimation delusionDelayed in providing informationDesign errors and specificationsPictures and specifications are incompleteCalculation of incorrect work get alongLack of experience of consultantsLack of contractor management, supervision, and coordinationDelay of jobsFailure of plan and implement change of workThe failure to understand the p rice of the work or the offer price correctlyLack of understanding of the brisk agreement in the contractEmployment contracts and the complete lack of construction documentsThe lack of pellucidity of document in the distribution of work flowNon clarity of terms in the contract documentsThe big difference in understanding of contracts in opposed languages within the same contractAs noted by Jaffer et al. Jaffar, Abdul Tharim, et al. 2011, Hohns Hohns 1979 opined that construction disputes have their instinct nature and characteristics therefore, the sources of disputes will vary from one project to another. In his study, he identified five primary sources of construction disputes that includes existence of errors, defects or omissions in the contract documents, failure of someone to count the cost of an undertaking at the beginning, changed condition, consumer reaction and people involved.Jaffer et al. Jaffar, Abdul Tharim, et al. 2011 explained that conflict causes identified by researchers are summarised into three categories, namely causes due to behavioural, contractual and technical problems.Conflicts causes due to behavioural problemsHuman interaction, personality, cultures, perception and professional background amongst team members are common behavioural problems. Other causes of conflicts in human behaviour are individuals ambition, frustration, dissatisfaction, desire or growth, communication and level of power, fraud and faith.It is one thing to lose money in a contractual issue, but it is a lot to lose face. People tend to cherish their integrity and pride no matter the cost. Once ones ego involved can survive, disputes tend to be more easily resolved. Everyone wants a better succeeding(a) and the opportunity to increase the self-recognition therefore, goal realisation and increase of authoritative power will help in resolving disputes.Conflict causes due to contractual problemsThe stakeholders in a project are governed by a contract which defin es their obligation to each other, and also the exchange of construction materials and services for money. MacNeil MacNeil 1974 defined contract as a promise or the set of promises for the breach of which the law give a remedy or the performance of which the law in some way recognises as a duty.As indicated in a study undertaken by Kumaraswamy Yogeswaran Kumaraswamy and Yogeswaran 1998, the sources of construction disputes are mainly related to contractual matters including variation, extension of time, payment, quality of technical specification, availability of information, administration and management, unrealistic client expectation and determination.Standard contract documents in the building industry are guided by codes and regulations. They provide common ground for contractual definitions clarifications, thereby making conflict less likely in construction operations and specific project requirements.Conflict causes due to technical problemsProjects come with uncertainty, mo st times surrounded around the technicality of the project. Technical disputes due to uncertainty are considered as the most common issues. Technical disputes include engineering clarification which is considered as a part of engineering making processes. For example, Request for Information (RFI) which is a tool used for clarifying differences in understanding during project operation, is used to resolve issue onsite before they develop to technical dispute. Such dispute can be resolved by project violence with appropriate expertise.The engineering decision making process is quite straight forward and reasonably justifiable for all participants. The ways of resolving technical disputes in project management is different from the resolution of contractual disputes during project operations. The design deficiency is generally regarded as being beyond an error of omission. Design error significantly alter the means, methods, environment, duration, or the conditions of the constructio n process. In the construction industry, design errors are common in foundations, frame and enclosure, and in space utilisation.As explained by Rauzana Rauzana, Susila Susila opined that on one hand the contractors attention is on project completion in accordance with specified schedule and attempt to gain financially, while on the other hand the owner needs excellent asset at economical prices. Each party goal contradict with another therefore, it may result in circumstances which could lead to conflict. The factors of conflicts are owner, consultants, contractors, contracts and specifications, human resources and project conditionsConflicts in the building industry Negatives or Positives?Proksch Proksch 2016 explained that conflict has its negatives and positives, and may consumes valuable resources time and money. When conflict escalate and develop into power struggle or paralyses an organisation, this becomes a commercial problem.The risk that arises from conflicts in an organis ation affect various areas, which are as follows Ref. 6 focus and pressure on employees Conflict experienced by participant are often stressful and are associated with anxiety, aggression, excessive demands, lack of esteem and similar feelings. even out in productivity may be as a result of stress, which may further cascade to demotivation, inner resignation and absenteeism spread.Fragmentation of teams Communication behaviour between opponents is passive or aggressive. Participants are disparaged and increasing value may be placed on allies. Avoiding or insulting each other arises. In some cases, it may result in deception, theft, sabotage and hostile behaviour.Unproductive usage of time The time that should be spent on carrying out work is taken up by conflicts. Colleagues focus more on talking about the conflict, speculating about causes and relationship, people blaming each other or scheme, seeking information, shoot the breeze agony on one another, etc.Staff turnover and sick leave Lengthy conflicts results in higher levels of absenteeism due to stress or sickness. degenerative unresolved conflict are suggested to cause up to 90% of dismissals as well as in at least 50% of employee resignations. Running cost increases as a result of staff losses, recruitment and training of new employees.The comments above does not mean that conflicts are principally negative. As earlier noted, conflict has its advantages as well. Conflicts are perceived as the rule of human co-existence the way it is being manage determines how successful organisations are in solving their problems, and consequently in protecting their future. Conflicts have positive aspects, which are as follows Proksch 2016Conflicts indicate problems Problems or misunderstandings become visible and noticeable through conflicts. Tension between participants is an indicator of subscribe for Action.Conflicts trigger change Conflicts provide opportunity for change. At this point, actions or decisions a re taken to trigger change and thereby prevent deadlock.Conflicts arouse interest and distinctiveness Conflicts encourages great enthusiasm to human co-existence. They would lead to tension, curiosity, fostering interest and stimulating the search for creative new solutions and innovations.Conflicts strengthen relationships When conflicts are successfully overcome by both sides, they provides enduring relationships. Friendship tend to get stronger when they go through through and thick and finally settle their differences. Conflict free relationships are often cursory. Frictions will produce understanding amongst participants which will improve trust.Conflicts strengthen group cohesion Having constructive debate will result in knowing preferences, strengths and weaknesses of colleagues or participants. Making it easier to develop trust and to recognise ones weaknesses.Conflict Management in OrganisationsProksch Proksch 2016 noted that the survey carried out by the working group In ternal intermediation concluded that methods of conflict management can be reduced to four basic forms. In attempting to settle conflict, the parties to the disputes can be separated or brought together. However, attempts can be made to resolve the conflict on an issue-related or individual -related basis. The four basic forms of conflict management are as followsSeparative measures fruit related measuresIntegrative measuresIndividual related measuresTraditionalComplementaryFigure 2 The four forms of conflict management (Proksch 2016)Separative MeasuresSeparative measures are focused on separating the parties, thereby eliminating the conflict. Examples of this are dismissal or transfer of an employee or employees from their work base to other locations of the organisation. Another example is where the Project manager in a conflict with the site engineer, one of them is transfer to another location to avoid issues. These forms are often used and constitute a classic form of conflic t management, whereby existing conflicts are made to vanish from the face of the earth relatively quickly and effectively Proksch 2016.Proksch Proksch 2016 suggested that if a similar conflict arises frequently, that means it is probably a structural conflict. Therefore, the conflict is not related to the person but to his/her organisation and the management system. On this occasion, it is advisable to apply an integrative form of conflict management to get to the root cause.Issue-Related MeasuresIssue Related Measures is implemented where the organisational or technical solution is sought independently of the conflict participants. First step is to identify the mistake and decompose it then draw up regulations, guidelines or standards aimed at preventing the recurrence of the same conflict.In the construction industry, regulations, guidelines and standards that are in relation to the industry and tasks should be consulted. hard-hitting tools such as work procedures, organisation al chart, procurement procedures, business process models and so forth should be used to organise the way in which people work together.An example of issue related measure is increasing scarce resources, and they are a frequent cause of conflict. The basis of the conflict is eliminated as result of the trim down degree of mutual dependency when the bottleneck is removed.These methods are bound to be successful if the conflict is caused by unclear guidelines or boundaries or when assignment are not explicit thereby resulting in misinterpretation. Method fails when the causes are perceive to be only a pretext, and other underlying problem such as personal issues or organisational culture are the main causes.Individual Related MeasuresIndividual Related measures focuses on seeking solution at an individual level. sometimes personal discussions are conducted or coaching offered to the affected individual. If the conflict cannot be resolved through discussions, the task of resolving the conflict may be delegated to someone.Disagreements by the categorisation of events into good or bad, right or wrong make it easily to resolve. The judicial system operates on this principle in order to ensure order and security. In the professional context, this approach has its shortfall because conflicts do not only arise on individual level but a large number of influencing factors play a role together that result in conflict organisational frameworks, customs, power structures or limited resourc