Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

Legal Formalization of Smart Contracts: Returning the Term Contract within the Legal Framework

Wed, 01 Jan 2025 00:00:00 GMT

Legal Formalization of Smart Contracts: Returning the Term Contract within the Legal Framework Sapar Boranbay; Gulzhazira Ilyassova; Kuat Musin; Assel Karibayeva; Merey Tuleubekova; Andrey Balobeyev With the advancement of technological innovations, there emerges the opportunity to manage relationships between parties through the execution of smart contracts, based on blockchain technology, presented as a decentralized system of distributed ledger comprising a network of computers connected to a single server. The primary objective of this research was to identify issues in the legal regulation of smart contracts. The methodological framework of the study includes institutional and comparative legal methods. The study encompasses the theoretical context and the experience of Kazakhstan. Within the scope of the research, an analysis of the current state of legislation regulating the implementation of smart contracts in Kazakhstan and abroad was conducted. Legal mechanisms for regulating legal relationships arising from the conclusion of smart contracts were identified. Challenges related to the legal regulation of smart contracts as a form of civil-law agreement were also examined. It was noted that despite the increasing popularity of smart contracts, their legal regulation is virtually absent both in global practice and in the context of Kazakhstan. The research findings suggest that currently, in most countries, there is no regulatory framework for implementing smart contracts. Despite the advantages of smart contracts, their use also raises legal issues concerning the determination of legal validity and jurisdiction, as well as the need to ensure legal protection for all participants. The study demonstrated the potential of using smart contracts in contractual relationships provided that corresponding legislation is developed. The results of this research can be utilized to improve legal regulation in the fields of contractual activities, banking law, intellectual property, and many related legal areas, as well as for the purposes of the fintech industry.

Exploratory Factor Analysis of Construction Industry Problems in a Developing Country

Wed, 01 Jan 2025 00:00:00 GMT

Exploratory Factor Analysis of Construction Industry Problems in a Developing Country Seng Hansen Various problems faced by the construction sector have hampered the performance and growth of the construction industry in many countries, including Indonesia. This research aims to quantitatively investigate the factors that hinder the performance of the construction industry in Indonesia. Through a literature review approach, 54 inhibiting factors were identified. Next, a questionnaire was conducted to measure the perceptions of Indonesian construction practitioners. The data obtained was analyzed through exploratory factor analysis. This research found seven underlying factors inhibiting the performance of the Indonesian construction industry, namely (1) poor system and practice, (2) incompetency of stakeholders, (3) global challenges, (4) poor site management, (5) poor resource management, (6) slow technology adoption, and (7) lack of detailed planning and decision-making. In addition, these findings are compared with results from similar research that has been conducted in other 14 countries so that it can provide a more comprehensive understanding regarding the criticality of construction industry problems globally. This research contributes by providing a current insight of construction industry problems in developing countries. The results can be used by the government and construction organizations in mapping underlying problems in the construction industry and determining appropriate strategic steps to overcome these problems. This study extends previous research on the criticality of construction industry problems as has been carried out in various countries. It is a context-based study with Indonesia as the case study. This research provides a more comprehensive understanding because it covers 54 potential problems that hinder the performance of the construction industry. The interesting findings from this research is that there are several problems that are unique inhibiting factors that have never been discussed in other similar research, such as land mafia practice and low profitability. Exploratory factor analysis succeeded in identifying seven latent factors with “poor systems and practices” as the most critical factor that hampers the performance of the construction industry in Indonesia. This research adds to the knowledge by conducting a comparative analysis of various similar studies in various countries around the world. The results can be used as comparison material for construction organizations which adds insight in overcoming construction industry problems which may be relevant to other countries. Identification of these inhibiting factors can also be used to prevent potential conflicts that occur in the implementation of construction projects.

Digitalized Document Management System for Construction Claims and Disputes to Enhance the Smoothness of Advanced Construction Projects Using the Building Information Modeling Integrated Framework

Wed, 01 Jan 2025 00:00:00 GMT

Digitalized Document Management System for Construction Claims and Disputes to Enhance the Smoothness of Advanced Construction Projects Using the Building Information Modeling Integrated Framework Bittu Ghosh; Somnath Karmakar The escalating complexity of conventional construction’s claim document management systems (CDMSs), characterized by intricate and improper documentation, demonstration, knowledge, claim generation process, correspondence, and inadequate records and resources, has heightened the likelihood of disputes and conflicting interpretations within the construction industry. Moreover, the manual nature of inputting, retrieving, analyzing, and disseminating claim results consumes valuable time and resources. Moreover, many claim requests often face disapproval due to insufficient evidence. Besides the adverse impact, manual and improper approaches to CDMSs cause cost and time overruns and conflict, which lead to disputes and have become an inherent aspect of construction projects. The intricate scenario underscores the pressing need for construction organizations to have a streamlined and efficient CDMS to mitigate the construction industry’s challenges. This study proposes a building information modeling (BIM) approach to streamline construction CDMS and address challenges. The main focuses of the study include (1) identifying challenges in the disruption of the construction CDMS in various claim events; and (2) developing a claim management platform (CMP) utilizing BIM, known as CMP-BIM [this platform was developed using the application programming interface (API) with a dedicated plugin in Autodesk Revit (BIM platform), aimed at facilitating efficient claims and disputes management and implementation in construction projects]; (3) conducting evaluation with construction experts to assess the developed model for its effectiveness within the context of a construction project; and (4) discerning impediments to adopting CMP-BIM. In pursuit of the research objectives, the challenges inherent in the construction of CDMS were conscientiously examined. Subsequently, the issues were addressed by meticulously developing a prototype using an API plugin within the BIM platform. The present goal of the study is to develop a digitalized CDMS and standard process for construction claims and disputes to enhance the smoothness of advanced construction projects and overcome challenges using the BIM-integrated framework. The developed CDMS, which utilizes BIM, called CMP-BIM, offers a practical solution for the construction industry’s challenges. Throughout the project life cycle, CMP-BIM is a centralized platform for documenting and managing all claim-related information. For instance, when a claim event arises due to changes, delays, and other events, stakeholders can directly input relevant data into the CMP-BIM. The platform automatically categorizes and organizes this information, ensuring proper documentation and demonstration. During the claim generation process, CMP-BIM provides templates and guidelines based on industry standards, helping users create comprehensive and well-supported claims. When a claim is disputed, CMP-BIM allows for efficient retrieval and analysis of evidence, including three-dimensional (3D) models, construction schedules, and correspondence records. This comprehensive approach minimizes the likelihood of disapproval due to insufficient evidence during the appeal process and ensures smooth implementation within construction projects, enhancing efficiency and accuracy. By digitizing and standardizing processes, CMP-BIM helps mitigate disputes, reduce cost and time overruns, and improve the overall smoothness of advanced construction projects.

Legal Protection of Employee Privacy in the Workplace

Wed, 01 Jan 2025 00:00:00 GMT

Legal Protection of Employee Privacy in the Workplace Oleg M. Yaroshenko; Sergey S. Vitvitskyi; Oleksii S. Nesterovych; Olena H. Sereda; Oleksandr A. Yakovlyev Recent years have been the years of crucial changes and transformations in all spheres of life, including the labor sphere. The introduction of the latest technologies at various types of enterprises has given rise to a number of concerns regarding the legal protection of employee privacy in the workplace. Moreover, questions continue to arise as to the balance between the legitimate interests of employers in protecting trade secrets and the limits of collecting and processing personal data in the course of monitoring employees’ work activities. This is the reason for the relevance of this study. In view of the preceding, the purpose of this research is to analyze the legal framework in terms of ensuring the inviolability of personal life and privacy in the world and in Ukraine, to determine the impact of modern technologies on this area and the growth of employee monitoring, and to provide a detailed description of the reasons for monitoring employees’ activities by the employer. Moreover, it is advisable to analyze the legal framework for privacy in the workplace and to propose a balance between the interests of employers and employees. The scientific research was conducted in accordance with the purpose and using such methods as the general philosophical method, the method of system analysis, synthesis, dialectical method, formal legal method, deduction, and induction. The conclusions and proposals for finding a balance between the interests of employers and employees in terms of ensuring privacy and confidentiality in the workplace will be used in the future to improve legislation in general.