The Duty of Care Owed by Architects and Engineers to Employers - Scholarship Essay Example

The duty of care, in contract or in tort, owed by architects and engineers to employers, to avoid or prevent economic loss, exists concurrently when architects have granted an extension which should not have been granted or when architects have over certified extensions of time due to the contractor SAQ 11.1: What is the independent variable contained in the above statement What are the dependent variables Answer: Independent Variable: Employers Dependent Variables: Architects and Engineers SAQ 11.2: Formulate a simple hypothesis from the above statement. Answer: If Architects and Engineers have granted an extension to the Contractors (which may or may not be necessary) they are still liable, in contract or in tort, to their employers to avoid or prevent economic loss due to such a decision. SAQ 12: Compare the interview technique with the questionnaire survey showing the limitations and advantages of each method. Review and evaluate each method in the context of your own dissertation proposal and justify why you have or have not chosen either method as a means of data collection. Answer: Gathering data is an important step in both Case Research and Action Research. 'Interview Technique' and 'Questionnaire Survey' are both ways of gathering data. While designing a research method, a key question is what should be the number of respondents. In research design, we must consider the tradeoff between efficiency (by increasing no. of respondents) and richness (by increasing depth of our questions) of data. Interviews can be unstructured, focused with more structure or highly structured resembling a questionnaire. Questions asked in an interview can be a 'Pure Inquiry' (What happened), 'Exploratory Diagnostic Inquiry' (What did you do) or even 'Confrontive Inquiry' (Have you thought about doing this). Since answers are in more detail, they provide in-depth or 'qualitative' data. Questionnaires are used generally to ask only 'Highly Structured' questions. Though it is obvious that you do not get much depth or quality answers, the efficiency of data is improved. Since a vast number of cases can be studied, the risk of interviewee bias and other problems can be reduced. Both quantitative and qualitative data offer alternative advantages and benefits that eventually serve the validity and the credibility of the entire research project. However, due to the nature of the dissertation, which requires much exploration, getting more quality and in-depth answers would be more desirable. Therefore, significant weight will be attributed to the qualitative approach, which is 'Interview Technique'. SAQ 13: Briefly review the Action Research and Case Research papers and compare each method as appropriate means of data collection or methodology for your dissertation research project. (500 words approx) Answer: Action Research Action Research (AR) is an approach to research that aims both at taking action and creating knowledge or theory about that action. Action Researcher takes action and is not merely a spectator. However, since AR projects are situation specific, they do not 'aim' to create universal knowledge. At the same time, it may extrapolate to other similar situation. Action Research is highly interactive requiring cooperation between the researchers and the client. AR is used to understand, plan and implement change in the style of working and should be conducted in real time. AR is appropriate when the research question describes an unfolding series of action and an analysis as to how and why these actions could change to improve the working. The Action Researcher needs to act in a facilitative manner to help clients inquire into their own issues and create and implement solutions. An AR cycle comprises three types of steps: 1. A pre-step: to understand the context and its purpose. 2. Six main steps: to gather data, feedback and analyse data, and to plan, implement and evaluate the action. 3. A meta-step to monitor. Case Research Case Research (CR) is based on analysis of a limited number of cases. It is one of the most powerful research methods in the development of new theory. It is possible to use different cases from the same firm to study different issues or to research the same issue in a variety of contexts in the same firm. Case Research can be used for different types of research purposes like exploration (to develop new ideas and questions), theory building (identifying key variables, their inter-relationship, etc.), theory testing (prove validity and predict future outcomes) or theory extension / refinement (better theories in light of observed results). Various steps involved in a CR project are: 1. Preparing the research framework 2. Choosing Cases 3. Developing research instruments and protocols 4. Conducting the field research 5. Determining the reliability and validity of the data 6. Data documentation and coding 7. Analysis: Analysing data within cases, or cross-case patterns, hypothesis development and testing, etc. Comparison with respect to our dissertation research project: Our dissertation project is a case study of "The Impact of Organizational Culture on Employee Performance". An Action Research would be appropriate in case we were required to "Closely monitor the Culture within some Organization" and "pro-actively suggest some improvements so as to improve Employee Performance". The important step of 'implementing changes' which would be necessary in an Action Research is not required in our dissertation. Since it is related to only deep investigation and exploration of 'Organizational Culture' and drawing conclusions and theories from it, we would prefer to do it using the 'Case Research' methodology. Also, AR projects are generally situation specific and not aimed at creating universal knowledge. However, our dissertation proposal has a 'generic' approach and aims at investigating and identifying the general principles that apply to employee performance. Since our dissertation focuses only on the 'Financial Services Sector' and on 'Organizational Culture', it could also be considered as only a 'Case Study' or a detailed longitudinal examination of a single example, in an even wider research. The hypothesis generated from this research could extrapolate to cross-case patterns, which could be, 'The Impact of OC across sectors' or 'Factors that impact Employee Performance in Financial Services Sector'. Since both, qualitative and quantitative data offer alternative advantages, we would use interviews as well as questionnaires for data collection. Also, observations and informal discussions could be important sources of information. SAQ 14: Read the paper on Procurement of Construction Facilities and comment on the extent to which the case study approach is similar to or different from the case research in operations management. Critically evaluate the use of case study as used in the Procurement paper. (300- 500 words approx.) Answer: A 'Case Research' (CR) is research based on analysis of a number of cases to which statistical analysis can be applied. Generalisable conclusions can be carefully drawn from these set of cases ensuring rigorous research. It is particularly suitable for developing new theories and ideas and can also be used for theory testing or refinement. A 'Case Study' (CS) is unit of analysis in a 'Case Research'. A 'Case Study' is a detailed examination of a single example of a class of phenomena. It cannot provide reliable information about the broader class, but it may be useful in the preliminary stages of an investigation since it provides hypotheses, which may be tested systematically with a larger number of cases. Case study methods involve an in-depth, longitudinal examination of a single instance or event: a case. On the other hand, Case Research means single and multiple case studies, which can include quantitative evidence, rely on multiple sources of evidence and benefits from the prior development of theoretical propositions. In short, a Case Research is made up of individual Case Studies and is not complete without them. On the other hand a Case Study being specific to a situation may be useful to generate a hypothesis but it is often difficult to summarize and develop general propositions and theories on the basis of specific case studies. The paper 'Procurement of Construction Facilities' shows a very good example of the 'Case Study' approach. Since the case selected of Company A is a typical example of a large construction company, the Case Study can generate theories applicable to other similar companies or even extrapolate across platform. In the paper to be studied, the goal is clearly identified: Management of design and cost during design development. After a careful analysis, a hypothesis is generated regarding "Not to have a single reporting source on all aspects of design and cost". After trying to implement it through the PDDM method, another problem is identified, which was of creating a parallel structure alongside the construction project manager, leading to diffusing of lines of authority. Thus a new hypothesis that is, "Collective leadership is more likely to fail in a parallel management structure as it creates confusion and ambiguity in responsibility and authority" is developed. As a solution, a separate Design Manager (DM), responsible for managing design program and quality benchmarks and Design Cost Manager (DCM) responsible for cost control in the design development process, were appointed. Both DM and DCM would report to the Project Manager. This solution was thought to be final. This Case Study is a very good example of how Case Research can be done iteratively. Also, we have generated two hypotheses and tested them. The solution which was ultimately obtained was satisfactory and accepted. It can even provide a benchmark for future projects or even be used as an industry standard. The success of the new Company Structure also led to other benefits like 1. More accurate feasibility budget 2. Project certainty in cost and time 3. Design quality to match market standards 4. Improved buildability, quality and ease of repair. 5. Better investment decisions 6. Holistic consideration of the projects performance by the design, construction and user teams. SAQ 15: In no more than 300 words summarise the arguments and counterarguments raised in the papers. Answer: The above papers are arguments and counterarguments related to David Seymour, Darryll Crook and John Rooke's views concerning the theoretical basis of construction management and enquire into the nature of construction management theory. Seymour et al argue in favor of interpretative (qualitative) and against rationalistic (quantitative) research methods in construction management research. Seymour et al think that a mature discipline should have a theoretical base and that there is nothing in the positivist approach which offers a suitable model. They also suggest that an underlying theory about the discipline starts to evolve when a subject begins to experience research into its research. They think that the study of human activities is fundamentally different from the study of physical phenomena. (A surgeon is concerned more with the physical process that keeps the human being alive rather than who lies before her). However this idea in another paper is described as deliberately nonscientific and non-positivistic. An inductivist approach to knowledge is suggested, where we carefully observe the natural world, and derive theories from what we see. But, our observations are dependent on our preconceived notions and our background beliefs. (The classic example that all swans are white, which held true until black swans were observed in Perth) So, the best hope we have for producing ideas of value is through a scientific approach. Wing et al. think that the focus on interpretative approach is very narrow. Also, it is incorrect to imply that the rationalist approach' is necessarily quantitative. They think that the choice of research approach in construction management should depend on the nature of the problem. Since construction management is a practical subject, they suggest that the choice of approach should be a pragmatic one: the approach that is likely to generate practical solutions should be adopted. Seymour et al.'s suggestion only limits our choice of research tools. SAQ 16: Do these arguments apply to Construction Law research Give your own viewpoint of the arguments put forward by the CM researchers and evaluate their relevance or appropriateness for Construction Law research. Answer: While going through these papers one gets the feeling that these are just arguments and counter-arguments where in the end, there is no actual winner. So, one would fail to see if they would actually apply to Construction Law Research. But if you look deeper into the thoughts put forward more than 10 years back and compare with the actual industry trends today, you see their relevance. The typical business model used today involving owner, designer, Construction Manager and builder or contractor couldn't have come about without these researches. The Construction Manager is supposed to be an expert handling the project on the owner's behalf. There are various types of contract between the owner and the CM depending on the owner's preferences. For example, in an 'At-Risk' delivery method the CM guarantees to deliver the project with a Guaranteed Minimum Price (GMP). To be able to come-up with such a business model, the CM must have gained some experience and must be capable to apply some previous research on how to tackle various issues related to construction field. Researches are generally based on problems faced by others and we study them so that we don't repeat other people's mistakes and also, learn from their success. Legally speaking, today subcontractors are generally required to register with the state pursuant to statutory enactments such as Washington's Contractor Registration Act (CRA) so as to provide protection to the public from unreliable, fraudulent, financially irresponsible, or incompetent contractors. The need for such a law can come only when a number of such cases where incompetent contractors were involved were observed. Also, such a law can be formulated and implemented only through deep understanding and 'research' into what role should a contractor play in the entire construction activity. The professional construction management services concept has developed due to a universal recognition throughout the design and construction community that quality- focused, cost-effective, dispute- and injury-free project delivery does not occur without commitment and effort to manage the project delivery process. The cost and complexity, importance of time and need to deal with unanticipated events involving today's projects emphasize the need for systematic approach to planning, design and construction. Personally, I agree with the view presented by Wing, Raftery and Walker that the choice of research approach in construction management should depend on the nature of the problem. They say that construction management research should have 'methodology pluralism' meaning more than one methodology and paradigm diversity, which provides freedom to researchers choosing to investigate problems from a range of paradigms using methods (quantitative or qualitative) designed to investigate those problems. Read More