Search results for: contractual complexity

Authors: Mengxia Jin, Yongqiang Chen, Wenqian Wang, Yu Wang

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The complexity and specificity of construction projects have made common opportunism phenomenon, and contractual governance for opportunism has been a topic of considerable ongoing research. Based on TCE, the research distinguishes control and coordination as different functions of the contract to investigate their complexity separately. And in a nuanced way, the dimensionality of contractual control is examined. Through the analysis of motivation and capability of strong or weak form opportunism, the framework focuses on the relationship between the complexity of above contractual dimensions and different types of opportunistic behavior and attempts to verify the possible explanatory mechanism. The explanatory power of the research model is evaluated in the light of empirical evidence from questionnaires. We collect data from Chinese companies in the construction industry, and the data collection is still in progress. The findings will speak to the debate surrounding the effects of contract complexity on opportunistic behavior. This nuanced research will derive implications for research on the role of contractual mechanisms in dealing with inter-organizational opportunism and offer suggestions for curbing contract parties’ opportunistic behavior in construction projects.

Keywords: contractual complexity, contractual control, contractual coordinatio, opportunistic behavior

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Authors: Jingya You, Yongqiang Chen, Yuanyuan Hua, Wenqian Wang

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Conflict is commonplace in construction projects, and construction projects always involve designing contracts between the owner and the contractor. However, how the contract affects the level of conflict between the owner and the contractor has not been elaborated. The purpose of this paper is to explain the effects of contractual complexity on the level of conflict, including task conflict and relationship conflict, and then to demonstrate the moderating role played by the interdependence between the owner and the contractor. Using data from owners and general contractors in the Chinese construction industry, this research reveals that contractual control will reduce relationship conflict. Contractual coordination will also reduce relationship conflict by the mediating effect of task conflict. Besides, under high joint interdependence, the positive relationship between task conflict and relationship conflict is strengthened, while high interdependence asymmetry has effects on weakening the relationship between task conflict and relationship conflict. The findings provide guidance for contract designers to draft suitable contracts in order to effectively deal with conflict. Additionally, this research implies that project managers should highlight the importance of contract in conflict management.

Keywords: construction projects, contract governance, interdependence, relationship conflict, task conflict

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Authors: Munmunlisa Mohanty, K. D. Raju

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Rail industry is one of the model employers in India has separate national legislation (Railways Act 1989) to regulate its vast employment structure, functioning across the country. Indian Railway is not only the premier transport industry of the country; indeed, it is Asia’s most extensive rail network organisation and the world’s second-largest industry functioning under one management. With the growth of globalization of industrial products, the scope of anti-employment discrimination is no more confined to gender aspect only; instead, it extended to the unregularized classification of labour force applicable in the various industrial establishments in India. And the Indian Rail Industry inadvertently enhanced such discriminatory employment trends by engaging contractual labour in an unprecedented manner. The engagement of contractual labour by rail industry vanished the core “Employer-Employee” relationship between rail management and contractual labour who employed through the contractor. This employment trend reduces the cost of production and supervision, discourages the contractual labour from forming unions, and reduces its collective bargaining capacity. So, the primary intention of this paper is to highlight the increasing discriminatory employment scope for contractual labour engaged by Indian Railways. This paper critically analyses the diminishing perspective of anti-employment opportunity practiced by Indian Railways towards contractual labour and demands an urgent outlook on the probable scope of anti-employment discrimination against contractual labour engaged by Indian Railways. The researcher used doctrinal methodology where primary materials (Railways Act, Contract Labour Act and Occupational, health and Safety Code, 2020) and secondary data (CAG Report 2018, Railways Employment Regulation Rules, ILO Report etc.) are used for the paper.

Keywords: anti-employment, CAG Report, contractual labour, discrimination, Indian Railway, principal employer

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Authors: R. M. Rajapaksa

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Construction industry is one of the key players in driving the economy of a country to achieve its prosperity. However, a dispute is one of the crucial factors which prevent the completion of construction contracts within the budgeted cost, scheduled time, and accepted quality. Disputes are inevitable in the construction contract. Accordingly, a study has been undertaken to identify the factors affecting contractual disputes in construction projects in Sri Lanka. The study was a mixed approach with major qualitative and minor quantitative. Qualitative study was set in the form of in-depth interviews with eighteen participants, and quantitative study was conducted using a questionnaire with twenty-four respondents from previously implemented projects by the National Water Supply & Drainage Board representing the employer, engineer and the Contractor to identify the factors affecting contractual disputes and to verify most critical factors respectively. Data analysis for qualitative and quantitative studies was carried out by means of transcribing, code & categorizeand average score methods, respectively. The study reveals that there are forty factors affecting the contractual disputes in construction contracts in Sri Lanka. The finding further illustrates that conflicting decisions by inexperience personnel in the higher position of the Employer, ambiguities resulting inadequate descriptions of the preliminary/general items in price schedule, unfair valuation and late confirmation of variations, unfair determination due to lack of experience of the Engineer/Consultant, under certification of progress payments, unfair grant of EOT & application of delay damages, unreasonable claims for variation of works, errors/discrepancies/ambiguities in the contract conditions and discrepancies & errors in designs & specifications are the most critical factors affecting contractual disputes. Finally, the study proposed remedial measures to most critical factors affecting contractual disputes.

Keywords: dispute, contractual, factors, employer, engineer, contractor, construction projects

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Authors: Farshad Ghodoosi

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This article analyzes the effect of supervening events in contracts. Contracts serve an important function: allocation of risks. In spite of its importance, the case law and the doctrine are messy and inconsistent. This article provides a fresh look at excuse doctrines (i.e., force majeure, impracticability, impossibility, and frustration) with a focus on force majeure clauses. The article makes the following contributions: First, it furnishes a new conceptual and theoretical framework of excuse doctrines. By distilling the decisions, it shows that excuse doctrines rests on the triangle of control, foreseeability, and contract language. Second, it analyzes force majeure clauses used by S&P 500 companies to understand the stickiness and similarity of such clauses and the events they cover. Third, using computational and statistical tools, it analyzes US cases since 1810 in order to assess the weight given to the triangle of control, foreseeability, and contract language. It shows that the control factor plays an important role in force majeure analysis, while the contractual interpretation is the least important factor. The Article concludes that it is the standard for control -whether the supervening event is beyond the control of the party- that determines the outcome of cases in the force majeure context and not necessarily the contractual language. This article has important implications on COVID-19-related contractual cases. Unlike the prevailing narrative that it is the language of the force majeure clause that’s determinative, this article shows that the primarily focus of the inquiry will be on whether the effects of COVID-19 have been beyond the control of the promisee. Normatively, the Article suggests that the trifactor of control, foreseeability, and contractual language are not effective for allocation of legal risks in times of crises. It puts forward a novel approach to force majeure clauses whereby that the courts should instead focus on the degree to which parties have relied on (expected) performance, in particular during the time of crisis.

Keywords: contractual risks, force majeure clauses, foreseeability, control, contractual language, computational analysis

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Authors: Victor E. Lopez, L. Dale Thomas

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As engineered systems become more complex, the difficulty associated with predicting, developing, and operating engineered systems also increases, resulting in increased costs, failure rates, and unexpected consequences. Successfully managing the complexity of the system should reduce these negative consequences. The study of complexity in the context of engineering development has suffered due to the ambiguity of the nature of complexity, what makes a system complex and how complexity translates to real world engineering attributes and consequences. This paper argues that the use of an ontology of engineering design complexity would i) improve the clarity of the research being performed by allowing researchers to use a common conceptualization of complexity, with more precise terminology, and ii) elucidate the connections between certain types of complexity and their consequences for system development. The ontology comprises concepts of complexity found in the literature and the different relations that exists between them. The ontology maps different complexity concepts such as structural complexity, creation complexity, and information entropy, and then relates the to system aspects such as interfaces, development effort, and modularity. The ontology is represented using the Web Ontology Language (OWL). This paper presents the current status of the ontology of engineering design complexity, the main challenges encountered, and the future plans for the ontology.

Keywords: design complexity, ontology, design effort, complexity ontology

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Authors: Olubukola Olumuyiwa Tokede, Dominic D. Ahiaga-Dagbui, John Morrison

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The project environment in construction has been widely criticised for its inability to learn from experience effectively. As each project is bespoke, learning is ephemeral, as it is often confined within its bounds and seldom assimilated with others that are being delivered in the project environment. To engender learning across construction projects, collaborative contractual arrangements, such as alliancing and partnering, have been embraced to aid the transferability of lessons across projects. These cooperative arrangements, however, tend to be costly, and hence construction organisations could revert to less expensive traditional procurement approaches after successful collaborative project delivery. This research, therefore, seeks to assess the lessons-learned in a post-alliance contractual framework. Using a case-study approach, we examine the experiences of a public sector authority who engaged a project facilitator to foster learning during the delivery of a significant piece of critical infrastructure. It was found that the facilitator enabled optimal learning outcomes in post-alliance contractual frameworks by attenuating the otherwise adversarial relationship between clients and contractors. Further research will seek to assess the effectiveness of different knowledge-brokering agencies in construction projects.

Keywords: facilitation, knowledge-brokering, learning, projects

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Authors: T. Francis Thamburaj, A. Aloysius

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Polymorphism is one of the main pillars of the object-oriented paradigm. It induces hidden forms of class dependencies which may impact software quality, resulting in higher cost factor for comprehending, debugging, testing, and maintaining the software. In this paper, a new cognitive complexity metric called Cognitive Weighted Polymorphism Factor (CWPF) is proposed. Apart from the software structural complexity, it includes the cognitive complexity on the basis of type. The cognitive weights are calibrated based on 27 empirical studies with 120 persons. A case study and experimentation of the new software metric shows positive results. Further, a comparative study is made and the correlation test has proved that CWPF complexity metric is a better, more comprehensive, and more realistic indicator of the software complexity than Abreu’s Polymorphism Factor (PF) complexity metric.

Keywords: cognitive complexity metric, object-oriented metrics, polymorphism factor, software metrics

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Authors: Kwasi Dartey-Baah, Mias De Klerk

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Project complexity has been cited as one of the essential areas of project management. It can be observed from environmental, social, technological, and organisational viewpoints, and its handling is critical to project success. Conceptualised in varied industries, this paper seeks to ascertain the meaning and understanding of project complexity within the Ghanaian construction industry based on the three dimensions of complexities (faith, fact, and interaction) using experts' opinions. Taking the form of a focus group discussion, the paper sought to gain an in-depth understanding of project complexity issues in Ghana’s construction industry. The method use obtained data from experts (a purposely selected group) comprising project leaders and project management academics. The findings indicated that the experts broadly agreed with the complexity items but offered varied reasons for their agreement. In the composite assessment of the complexity dimensions of (faith, fact, and interaction), it emerged that there was some agreement with the complexity dimensions of fact and interaction within Ghana’s construction industry. On the other hand, with the dimension for complexity by faith, it was noted that the experts in Ghana’s construction construed complexity by faith, not as the absence of evidence but the evidence that hinges on at least a member of the project team. It is expected that other researches on project complexity will focus on other industries to enhance the knowledge of the same within the field of project management.

Keywords: project complexity, complexity by faith, complexity by fact, complexity by interaction, construction industry, Ghana

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Authors: Alisher Ikramov, Gayrat Juraev

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The production of logic devices faces the occurrence of faults during manufacturing. This work analyses the complexity of testing a special type of logic device on inverse, adhesion, and constant input faults. The focus of this work is on devices that implement cryptographic functions. The complexity values for the general case faults and for some frequently occurring subsets were determined and proved in this work. For a special case, when the length of the text block is equal to the length of the key block, the complexity of testing is proven to be asymptotically half the complexity of testing all logic devices on the same types of input faults.

Keywords: complexity, cryptographic devices, input faults, testing

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Authors: Jae-Hyun Ro, Yong-Jun Kim, Chang-Bin Ha, Hyoung-Kyu Song

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In multiple input multiple output-orthogonal frequency division multiplexing (MIMO-OFDM) systems, many detection schemes have been developed to improve the error performance and to reduce the complexity. Maximum likelihood (ML) detection has optimal error performance but it has very high complexity. Thus, this paper proposes reduced complexity of ML detection combined with decision feedback equalizer (DFE). The error performance of the proposed detection scheme is higher than the conventional DFE. But the complexity of the proposed scheme is lower than the conventional ML detection.

Keywords: detection, DFE, MIMO-OFDM, ML

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Authors: Eunice Chiamaka Allen-Ngbale

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Prior to bill of lading (BOL), merchants travelled along with their goods; then recorded the goods in the ship’s mates’ register; and finally started selling the goods while in transit by way of BOL, indicative that BOL is negotiable. Common law doctrine of privity of contract did not allow the transfer of right to sue to a non-party to the contract. This created hardship to cargo owners, which made many jurisdictions enact laws in this regard. Bill of Lading Act 1855 (BLA) was enacted in the United Kingdom, which applied as statute of general application under section 375 Merchant Shipping Act 1990 (MSA) in Nigeria; and conferred contractual rights of the suit on consignees and endorsees, but on the passing of ownership upon or by reason of such consignment or endorsement on the shipment of the goods simultaneously. The repeal of section 375 MSA by section 439 MSA 2007 created a lacuna, and the doctrine of privity of contract is the extant law in Nigeria. The aim of this study is to evaluate laws governing the transfer of the contractual right of suit to a third party under the bill of lading in Nigeria. The specific objectives of this study are to ascertain: (i) whether the extant law of common law doctrine of privity of the contract covers the transfer of the right of suit to the third party under the bill of lading in Nigeria; (ii) impediment(s) of the common law to transfer such right in Nigeria in the absence of any legislation; (iii) the level of applicability of the doctrine of privity of contract as it relates to transfer of the contractual right of suit to third party under the bill of lading in Nigeria; and (iv) whether to proffer possible suggestion on how to fill the lacuna left by the repeal of Merchant Shipping Act 1990. This work adopted a doctrinal approach with reliance on primary and secondary source materials. It finds that the common law doctrine of privity of contract in Nigeria is retrogressive. This work recommends for amendment of the relevant statute to cure this defect/lacuna like other commonwealth nations for best international practices.

Keywords: contract of carriage by sea, doctrine of privity of contract, lawful holder of bill of lading, third party right of suit

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Authors: Ali Obaid Alyami

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In Saudi Arabia, the pandemic of Coronavirus (COVID-19) has been affecting administrative contracts in many different ways. Lots of planned projects were stopped temporarily or implemented partially. Many contractors have suffered financial struggles and the absence of manpower. These administrative contracts are governed by Government Tenders and Procurement Law (GTPL) which was issued by a royal decree in 2019. This law addresses some challenges that could be stumbling blocks in the way of implementing a contract. One significant challenge is emergency circumstances that occur during the implementation of an administrative contract. The law provides some solutions for this disruption, but these solutions may not compensate for the whole damages that contractors suffer. This study will use the doctrinal methodology to analyze the rules of law and their application to the research problem. Most importantly, the issue that arises in this research is the possibility of governmental entities’ consideration, in administrative contracts, of the pandemic Coronavirus (COVID-19) as an emergency circumstance. This study points out the conditions for applying the theory of emergency circumstances on administrative contracts in addition to the definition of the theory and analyzing its elements. The other significant question is the limits on governmental entities to make a change in an administrative contract to achieve contractual rebalancing. GPTL and its implementing regulation set the conditions and limits of contractual rebalancing. However, this study finds that although GTPL provides rules for contractual rebalancing, there are some other mechanisms that contractors may take to fully compensate for the damages. For instance, when the loss cannot be minimized by GTPL, contractors might file lawsuits before the administrative judiciary. The study concludes that GTPL is a very comprehensive law system that stipulates specific rules for contractual rebalance and treats the emergency circumstances that obstruct the performance of administrative contracts.

Keywords: administrative contracts, emergency circumstances, balance of contract, administrative judiciary, government tenders, procurement law

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Authors: Jay Xiong, Li Lin

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This paper introduces a new software engineering paradigm based on complexity science, called NSE (Nonlinear Software Engineering paradigm). The purpose of establishing NSE is to help software development organizations double their productivity, half their cost, and increase the quality of their products in several orders of magnitude simultaneously. NSE complies with the essential principles of complexity science. NSE brings revolutionary changes to almost all aspects in software engineering. NSE has been fully implemented with its support platform Panorama++.

Keywords: complexity science, software development, software engineering, software maintenance

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Authors: Tzu-Ching Weng, Hsin-Yi Chi

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This study examines the effect of family succession on the cost of bank loans and non-price contractual terms. We use a unique dataset from China and find that lending banks are likely to charge high-interest rates and offer tight contractual terms, such as loan maturity and collateral requirement, for family succession firms. These findings indicate that information and default risks may arise after subsequent family successions. We also find that family succession firms can reduce the cost of bank loans by hiring top-tier auditors to enhance financial reporting credibility. This finding suggests that professional and high-quality auditors can provide extremely valuable services to family succession firms.

Keywords: family succession, cost of bank loans, loan contract terms, top-tier auditor

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Authors: Khaled Barkaoui

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Research on second-language (L2) learning tends to focus on comparing students with different levels of proficiency at one point in time. However, to understand L2 development, we need more longitudinal research. In this study, we adopt a longitudinal approach to examine changes in three indicators of L2 ability, complexity, accuracy, and fluency (CAF), as reflected in the writing of L2 learners when writing on different tasks before and after a period L2 instruction. Each of 85 Chinese learners of English at three levels of English language proficiency responded to two writing tasks (independent and integrated) before and after nine months of English-language study in China. Each essay (N= 276) was analyzed in terms of numerous CAF indices using both computer coding and human rating: number of words written, number of errors per 100 words, ratings of error severity, global syntactic complexity (MLS), complexity by coordination (T/S), complexity by subordination (C/T), clausal complexity (MLC), phrasal complexity (NP density), syntactic variety, lexical density, lexical variation, lexical sophistication, and lexical bundles. Results were then compared statistically across tasks, L2 proficiency levels, and time. Overall, task type had significant effects on fluency and some syntactic complexity indices (complexity by coordination, structural variety, clausal complexity, phrase complexity) and lexical density, sophistication, and bundles, but not accuracy. L2 proficiency had significant effects on fluency, accuracy, and lexical variation, but not syntactic complexity. Finally, fluency, frequency of errors, but not accuracy ratings, syntactic complexity indices (clausal complexity, global complexity, complexity by subordination, phrase complexity, structural variety) and lexical complexity (lexical density, variation, and sophistication) exhibited significant changes after instruction, particularly for the independent task. We discuss the findings and their implications for assessment, instruction, and research on CAF in the context of L2 writing.

Keywords: second language writing, Fluency, accuracy, complexity, longitudinal

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Authors: Sim Nee Ting, Lan Eng Ng

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Standard forms of contract in Malaysia are pre-written, printed contractual documents drafted by recognised authoritative bodies in order to describe the rights and obligations of the contracting parties in all construction projects in Malaysia. Studies and form revisions are usually conducted in a relatively random and qualitative manner, but the search of contractual documents idealization remains. It is not clear how these qualitative findings could be helpful for contractual documents improvements and re-drafting. This study aims to quantitatively and systematically analyse and evaluate the rights and obligations of the contracting parties as stated in the standard forms of contract. The Institution of Engineers Malaysia (IEM) published a new standard form of contract in 2012 with a total of 63 classes but the improvements and changes in the newly revised form that are yet to be analysed. IEM form will be used as the case study for this study. Every clause in this said form were interpreted and analysed according to the involved parties including contractor, engineer and employer. Modified from Matrix Method and Likert Scale, the result analysis were conducted based on a scale from 0 to 1 with five ratings namely “Very Unbalance”, “Unbalance”, “Balance”, “Good Balance” and “Very Good Balance”. It is hoped that quantitative method of form study can be used for future form revisions and any new forms drafting so to reduce on any subjectivity in standard forms of contract studies.

Keywords: contracting parties, Malaysia, obligations, quantitative measurement, rights, standard form of contract

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Authors: Noah R. Fram

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Although it has been confirmed by multiple studies, the inverted-U relationship between stimulus complexity and preference (liking) remains contentious. Research aimed at substantiating the model are largely reliant upon anecdotal self-assessments of subjects and basic measures of complexity, leaving potential confounds unresolved. This study attempts to address the topic by assessing listening time as a behavioral correlate of liking (with the assumption that engagement prolongs listening time) and by looking for latent factors underlying several measures of rhythmic complexity. Participants listened to groups of rhythms, stopping each one when they started to lose interest and were asked to rate each rhythm in each group in terms of interest, complexity, and preference. Subjects were not informed that the time spent listening to each rhythm was the primary measure of interest. The hypothesis that listening time does demonstrate the same inverted-U relationship with complexity as verbal reports of liking was confirmed using a variety of metrics for rhythmic complexity, including meter-dependent measures of syncopation and meter-independent measures of entropy.

Keywords: complexity, entropy, rhythm, syncopation

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Authors: Marlene Kuhn, Franziska Schäfer, Heiner Otten

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Today´s production processes experience a constant increase in complexity paving new ways for progressive forms of leadership. In the customized production, individual customer requirements drive companies to adapt their manufacturing processes constantly while the pressure for smaller lot sizes, lower costs and faster lead times grows simultaneously. When production processes are becoming more dynamic and complex, the conventional quality management approaches show certain limitations. This paper gives an introduction to complexity science from a quality management perspective. By analyzing and evaluating different characteristics of complexity, the critical complexity parameters are identified and assessed. We found that the quality of leadership plays a crucial role when dealing with increasing complexity. Therefore, we developed a concept for qualitative leadership customized for the management within complex processes based on a maturity model. The maturity model was then applied in the industry to assess the leadership quality of several shop floor managers with a positive evaluation feedback. In result, the maturity model proved to be a sustainable approach to leverage the rising complexity in production processes more effectively.

Keywords: maturity model, process complexity, quality of leadership, quality management

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Authors: Mohammad Rostami Mehr, Seyed Arya Mir Rashed, Arndt Lueder, Magdalena Missler-Behr

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This paper represents the conception that complex problems do not necessarily need a similar complex solution in order to cope with the complexity. Furthermore, a simple solution based on established methods can provide a sufficient way to deal with the complexity. To verify this conception, the presented paper focuses on the field of change management as a part of the new product development process in the automotive sector. In this field, dealing with increasing complexity is essential, while only non-flexible rigid processes that are not designed to handle complexity are available. The basic methodology of this paper can be divided into four main sections: 1) analyzing the complexity of the change management, 2) literature review in order to identify potential solutions and methods, 3) capturing and implementing expertise of experts from the change management field of an automobile manufacturing company and 4) systematical comparison of the identified methods from literature and connecting these with defined requirements of the complexity of the change management in order to develop a solution. As a practical outcome, this paper provides a method to capture the complexity of engineering changes (EC) and includes it within the EC evaluation process, following case-related process guidance to cope with the complexity. Furthermore, this approach supports the conception that dealing with complexity is possible while utilizing rather simple and established methods by combining them into a powerful tool.

Keywords: complexity management, new product development, engineering change management, flexibility

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Authors: Robin Molinier

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Industrial symbiosis (I.S) deals with the exchange of waste materials, fatal energy and utilities as resources for production. While it brings environmental benefits from resource conservation its economic profitability is one of the main barriers to its implementation. I.S involves several actors with their own objectives and resources so that each actor must be satisfied by ex-ante arrangements to commit toward investments and transactions. Regarding I.S Transaction cost economics helps to identify hybrid forms of governance for transactions governance due to I.S projects specificities induced by the need for customization (asset specificity, non-homogeneity). Thus we propose a framework to analyze the best contractual practices tailored to address I.S specific risks that we identified as threefold (load profiles and quality mismatch, value fluctuations). Schemes from cooperative game theory and contracting management are integrated to analyze value flows between actors. Contractual guidelines are then proposed to address the identified risks and to split the value for a set of I.S archetypes drawn from actual experiences.

Keywords: contracts, economics, industrial symbiosis, risks

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Authors: Jiyoung Bae, Gyoomi Kim

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This study explores a range of linguistic features used in Korean college students’ argumentative writings for the purpose of developing a model that identifies variables which predict writing proficiencies. This study investigated the latent variable structure of L2 linguistic features, including syntactic complexity, the lexical complexity, and fluency. One hundred forty-six university students in Korea participated in this study. The results of the study’s confirmatory factor analysis (CFA) showed that indicators of linguistic features from this study-provided a foundation for re-categorizing indicators found in extant research on L2 Korean writers depending on each latent variable of linguistic features. The CFA models indicated one measurement model of L2 syntactic complexity and L2 learners’ writing proficiency; these two latent factors were correlated with each other. Based on the overall findings of the study, integrated linguistic features of L2 writings suggested some pedagogical implications in L2 writing instructions.

Keywords: linguistic features, syntactic complexity, lexical complexity, fluency

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Authors: Salamah Ansari

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In absence of a comprehensive international legal regime for sovereign debt restructuring, majority of the complications arising from sovereign debt restructuring are frequently left to the uncertain market forces. The resort to market forces for sovereign debt restructuring has led to a phenomenal increase in litigations targeting assets of defaulting sovereign nations, internationally across jurisdictions with the first major wave of lawsuits against sovereigns in the 1980s with the Latin American crisis. Recent experiences substantiate that majority of obstacles faced during sovereign debt restructuring process are caused by inefficient creditor coordination and collective action problems. Collective action problems manifest as grab race, rush to exits, holdouts, the free rider problem and the rush to the courthouse. On defaulting, for a nation to successfully restructure its debt, all the creditors involved must accept some reduction in the value of their claims. As a single holdout creditor has the potential to undermine the restructuring process, hold-out creditors are snowballing with the increasing probability of earning high returns through litigations. This necessitates a mechanism to avoid holdout litigations and reinforce collective action on the part of the creditor. This can be done either through a statutory reform or through market-based contractual approach. In absence of an international sovereign bankruptcy regime, the impetus is mostly on inclusion of collective action clauses in debt contracts. The preference to contractual mechanisms vis- a vis a statutory approach can be explained with numerous reasons, but that's only part of the puzzle in trying to understand the economics of the underlying system. The contractual approach proposals advocate the inclusion of certain clauses in the debt contract for an orderly debt restructuring. These include clauses such as majority voting clauses, sharing clauses, non- acceleration clauses, initiation clauses, aggregation clauses, temporary stay on litigation clauses, priority financing clauses, and complete revelation of relevant information. However, voluntary market based contractual approach to debt workouts has its own complexities. It is a herculean task to enshrine clauses in debt contracts that are detailed enough to create an orderly debt restructuring mechanism while remaining attractive enough for creditors. Introduction of collective action clauses into debt contracts can reduce the barriers in efficient debt restructuring and also have the potential to improve the terms on which sovereigns are able to borrow. However, it should be borne in mind that such clauses are not a panacea to the huge institutional inadequacy that persists and may lead to worse restructuring outcomes.

Keywords: sovereign debt restructuring, collective action clauses, hold out creditors, litigations

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Authors: S. Ahmed, P. Dlask, B. Hasan

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There are several ways to estimate the cost of the construction project: simple and detailed. The process of estimating cost is usually done during the design stage, which should take long-time and the designer must give attention to all details. This paper explain the causes of the deviations occurring in the cost of the construction project, and determines the reasons of these differences between contractual cost and final cost of the construction project, through the study of literature review related to this field, and benefiting from the experience of workers in the field of building (owners, contractors) through designing a questionnaire, and finding the most ten important reasons and explain the relation between the contractual cost and the final cost according to these reasons. The difference between those values will be showed through diagrams drawn using the statistical program. In addition to studying the effects of overrun costs on the advancing of the project, and identify the most five important effects. According to the results, we can propose the right direction for the final cost evaluation and propose some measures that would help to control and adjust the deviation in the costs.

Keywords: construction projects, building, cost, estimating costs, delay, overrun

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Authors: Prabhakar Venugopal G.

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Complex environments triggered by globalization have necessitated new paradigms of leadership – complexity leadership that encompasses multiple roles that leaders need to take upon. The success of higher education institutions depends on how well leaders can provide adaptive, administrative and enabling leadership. Complexity leadership seems all the more relevant for institutions that are knowledge-driven and thrive on knowledge creation, knowledge storage and retrieval, knowledge sharing and knowledge applications. In this paper are the elements of globalization, the opportunities and challenges that are brought forth by globalization are discussed. The complexity leadership paradigm in a knowledge-based economy and the need for such a paradigm shift for higher education institutions is presented. Further, the paper also discusses the support the leader requires in a knowledge-driven economy through knowledge management initiatives.

Keywords: globalization, complexity leadership, knowledge management

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Authors: Guoliang Fan, Aiping Li, Nan Xie, Liyun Xu, Xuemei Liu

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Mass customization production increases the difficulty of the production line layout planning. The material distribution process for variety of parts is very complex, which greatly increases the cost of material handling and logistics. In response to this problem, this paper presents an approach of production line layout planning based on complexity measurement. Firstly, by analyzing the influencing factors of equipment layout, the complexity model of production line is established by using information entropy theory. Then, the cost of the part logistics is derived considering different variety of parts. Furthermore, the function of optimization including two objectives of the lowest cost, and the least configuration complexity is built. Finally, the validity of the function is verified in a case study. The results show that the proposed approach may find the layout scheme with the lowest logistics cost and the least complexity. Optimized production line layout planning can effectively improve production efficiency and equipment utilization with lowest cost and complexity.

Keywords: production line, layout planning, complexity measurement, optimization, mass customization

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Authors: Linda Ana-Maria Ungureanu

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As space exploration opens to new actors, we are faced with the interesting question of regulating more complex structures that enable private experiments. From intellectual property implications to private and public law, there is a multitude of factors and legal structures that need to be taken into consideration when opening space, and these structures need to be harmonized with the International Space Treaties governing space exploration. In this sense, this article presents an overview of the legal and contractual framework applicable to private experiments conducted in space and/or in relation to off-world environments. Additionally, the article analyses the manner in which national space agencies regulate agreements concluded with private actors and research institutions. Finally, the article sets a series of de lege ferenda proposals for the regulation of general research and development rules and intellectual property matters that are connected to experiments and research conducted in space and/or concerning off-world environments.

Keywords: private space, intellectual property, contracts, ESA guidelines, EU legislation, Intellectual property law, international IP treaties

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Authors: Xin Chen

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Pre-industrial old-world human cultural diversity and societal complexity exhibits remarkable geographic regularities. Along the latitudinal axis from the equator to the arctic, a descending trend of human ethno-cultural diversity is found to be in coincidence with a descending trend of biological diversity. Along the same latitudinal axis, the pre-industrial human societal complexity shows to peak at the intermediate latitude. It is postulated that human cultural diversity and societal complexity are strongly influenced by collective learning, and that collective learning is positively related to human population size, social interactions, and environmental challenges. Under such postulations the relationship between collective learning and important geographical-environmental factors, including climate and biodiversity/bio-productivity is examined. A hypothesis of intermediate bio-productivity is formulated to account for those latitudinal patterns of pre-industrial human societal complexity.

Keywords: cultural diversity, soetal complexity, latitudinal patterns, biodiversity, bio-productivity, collective learning

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Authors: Fabricio Costa Silva, Samuel Xavier de Souza

Abstract:

A Global Positioning System (GPS) receiver is responsible to determine position, velocity and timing information by using satellite information. To get this information are necessary to combine an incoming and a locally generated signal. The procedure called acquisition need to found two information, the frequency and phase of the incoming signal. This is very time consuming, so there are several techniques to reduces the computational complexity, but each of then put projects issues in conflict. I this papers we present a method that can reduce the computational complexity by reducing the search space and paralleling the search.

Keywords: GPS, acquisition, complexity, parallelism

Procedia PDF Downloads 504

Authors: Fabricio Costa Silva, Samuel Xavier de Souza

Abstract:

A Global Positioning System (GPS) receiver is responsible to determine position, velocity and timing information by using satellite information. To get this information's are necessary to combine an incoming and a locally generated signal. The procedure called acquisition need to found two information, the frequency and phase of the incoming signal. This is very time consuming, so there are several techniques to reduces the computational complexity, but each of then put projects issues in conflict. I this papers we present a method that can reduce the computational complexity by reducing the search space and paralleling the search.

Keywords: GPS, acquisition, low complexity, parallelism

Procedia PDF Downloads 455