Ottesen, Jeffrey L., & Migliaccio, Giovanni (2023). Use of Predictive Models for Labor-Productivity Loss in Settling Disputes. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 15(1).
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Abstract
Given inherent difficulties in construction, optimizing labor efficiencies is paramount to project success. Research described in this article conducted demonstrates that an analysis of planned activities in a critical path methodology (CPM) schedule may be used to forecast future productivity inefficiencies. Specifically, this study relies on the concept of CPM schedule’s density, which is defined as the number of overlapping like-trade activities on any given workday. This metric is directly related to the required labor resources required to complete that work within the activities’ planned durations. Schedule density increases where more planned activities overlap with each other; for instance, occurrence of such increases is common when the schedule is accelerated. Regression models were derived using metrics drawn from CPM schedule updates’ activities and durations and compared to actual labor productivity experienced. Strong correlation findings support development of predictive models that quantify potential labor inefficiencies before they occur. However, the question remains as to the strength and applicability of predictive models in formal litigation. This paper presents findings of this research and discusses how such findings may be used to facilitate settlement in dispute resolution procedures.
Keywords
Migliaccio, Giovanni C., Gebken, Richard J., Fernandez, Luis R., & Osmanbhoy, Natasha (2022). Emergent Subcontracting Models in the US Construction Industry. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 14(4).
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Abstract
Prime contracting models for engineering and construction projects are described extensively in the literature, but models between prime contractors and subcontractors are less well known. This study examined the established and evolving subcontracting models in the US construction industry to not only document their utilization but also investigate their advantages and disadvantages when employed. The research followed a two-phase/two-step approach. During Phase 1, the authors completed a regionally based study to identify subcontracting practices in the Pacific Northwest. As part of Phase 2, the study was expanded across the United States to gain a greater understanding of each of the identified subcontracting models, including advantages, disadvantages, and variations. Both phases were organized into two steps: (1) an online survey instrument was sent to professionals with either general or specialty contracting firms, and (2) follow-up semistructured interviews were conducted with selected survey respondents to better evaluate each subcontracting model. The authors found that five subcontracting models address the most common scenarios and the characteristics of each are familiar to the nationwide participant sample. There are subtle variations to the main five models that are being employed to varying degrees across the country. The impetus for these variations appears to be founded on the need to find better contractual arrangements and that subcontracting practices are dynamic by nature. Although most of the participants were from western and central divisions of the US Census Bureau geographical classification, participants from all geographic areas participated in the study. Increasing knowledge on how project delivery systems may affect disputes and claims or conflicts and legal issues of procurement systems, this article uniquely contributes to defining a taxonomy of subcontracting models while giving insights into the current and emerging trends in subcontracting practices, including how subcontractors are integrated into a project team.
Migliaccio, Giovanni C., & Shrestha, Pramen P. (Eds.). (2023). Building a Body of Knowledge in Construction Project Delivery, Procurement and Contracting. World Scientific.
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Abstract
This book aims to consolidate, structure and articulate collective knowledge on construction project delivery, procurement and contracting, so that it can serve as a gateway to the contiguous topics of construction project delivery. In addition to supporting the education of student researchers, as well as broadening and deepening the knowledge of practitioners, the book is also intended to serve as a foundation for future education and as a reference book. Academicians can use it to benchmark and support their research and also as a textbook for an undergraduate or graduate course on the topics of project delivery, procurement and contracting.
Keywords
Construction; Engineering; Project Delivery; Procurement; Contracting
Bogus, Susan M.; Migliaccio, Giovanni C.; Cordova, Arturo A. (2010). Assessment of Data Quality for Evaluations of Manual Pavement Distress. Transportation Research Record, 2170, 1 – 8.
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Abstract
Assessment of the conditions of current assets is a task of major relevance in a transportation agency asset management program It not only provides information on the current condition of the asset but also helps the agency make decisions on future maintenance and rehabilitation activities Although low volume roadways represent a large proportion of the total road network in the United States little research on the management of these assets has been done Two major data collection techniques are used for roadway condition assessment manual and automated Although automated techniques have been found to be safer and quicker manual condition surveys have been proven to offer preciseness and cost effectiveness In the case of low volume roadway assessment for which the funds available to asset managers are limited manual condition surveys are often preferred Nevertheless manual condition surveys must address the potential subjectivity of the results Therefore agencies could benefit from a system for ensuring quality on manual condition surveys This paper proposes a framework for assessment of data quality and presents a case study of its implementation in the Northern New Mexico Pavement Evaluation Program The proposed framework is easily implementable and able to identify potential and actual data collection issues The framework can be used as part of an asset management program and could be particularly beneficial in the case of low volume roads
Keywords
Interrater Reliability; Agreement; Ratings
Ottesen, Jeffery L.; Migliaccio, Giovanni C.; Wulfsberg, H. James. (2016). Contractual Battles for Higher Ground: Case Examples. Journal Of Legal Affairs And Dispute Resolution In Engineering And Construction, 8(1).
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Abstract
Dispute resolution requires pursuit of mutual agreement and implies accordant resolve between the disputing parties. In truth, mutual agreement stems from acceptable risks and negotiated terms centered upon equity arguments wherein the parties assess, evaluate, negotiate, and battle for high ground. Where the parties clearly understand their respective positions relative to the applicable laws, facts outweigh emotions, and the parties are more likely to avoid disputes. This paper defines high ground based upon legal theory in quantum meruit, which means, as much as he deserves. Equity arguments can trump written contractual provisions. Owners, architects, engineers, and contractors must become wise to these arguments to protect its shareholders' interests. To promote understanding, five different case scenarios are presented using actual disputes experienced on (1) notice provisions, (2) cumulative impact claims, (3) no damages for delay clauses, (4) acceleration, and (5) owner review durations. These case scenarios demonstrate that acquiring high ground requires clear understanding and synchronization of both the contract and the applicable governing laws. Ultimately, the party possessing higher ground will find itself in a more favorable position when disputes occur. (c) 2015 American Society of Civil Engineers.
Keywords
Legislation; Subcontracting; Disputing Parties; Equity Arguments; Legal Theory; Quantum Meruit; Contractual Provisions; Architects; Notice Provisions; Cumulative Impact Claims; Owner Review Durations; Governing Laws; Engineers; Contractors; Dispute Resolution; Contractual Battles; Project; Equity; Delay; Contractual Notice; Cumulative Impact; Total Cost Claim; No Damages For Delay; Acceleration
Bogus, Susan M.; Migliaccio, Giovanni C.; Jin, Ruoyu. (2013). Study of the Relationship between Procurement Duration and Project Performance in Design-Build Projects: Comparison between Water/Wastewater and Transportation Sectors. Journal Of Management In Engineering, 29(4), 382 – 391.
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Abstract
Previous studies on building, industrial, and transportation projects found that projects delivered using design-build tend to perform better than projects delivered with the traditional design-bid-build method. However, performance of design-build projects is affected by various factors, with procurement-related factors being among the most influential. Whereas other aspects of procurement have been largely investigated, the effect of procurement duration on project performance has been studied only for design-build transportation projects. In addition, few studies have focused specifically on the delivery of water/wastewater projects. This paper includes the results of a study on the relationship between procurement duration and performance of water/wastewater design-build projects. The study methodology was based on regression analysis of data from a sample of water/wastewater design-build projects. The results show that unlike the transportation sector, procurement duration has little effect on either schedule or cost performance in the water/wastewater sector. Likely reasons for this difference were then explored through a content analysis of procurement documents. (C) 2013 American Society of Civil Engineers.
Keywords
Design Engineering; Procurement; Project Management; Regression Analysis; Transportation; Waste Management; Procurement Documents; Schedule Performance; Cost Performance; Design-build Transportation Projects; Procurement-related Factors; Design-bid-build Method; Water-wastewater Sectors; Transportation Sectors; Project Performance; Procurement Duration; Design/build; Project Delivery; Water; Wastewater
Lee, Wonil; Lin, Ken-yu; Seto, Edmund; Migliaccio, Giovanni C. (2017). Wearable Sensors For Monitoring On-duty And Off-duty Worker Physiological Status And Activities In Construction. Automation In Construction, 83, 341 – 353.
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Abstract
Total Worker Health (R) (TWH) integrates occupational health and safety with the promotion of workers' off-duty wellbeing. Wearable sensors (e.g., activity trackers and physiological monitors) have facilitated personalized objective measurement of workers' health and wellbeing. Furthermore, the TWH concept is relevant to construction workers, especially roofing workers, as they encounter high on-duty health and safety risks and have poor off-duty lifestyles. This study examined the reliability and usability of wearable sensors for monitoring roofing workers' on-duty and off-duty activities. The results demonstrated the usability of these sensors and recommended a data collection period of three consecutive days for obtaining an intraclass correlation coefficient of 0.75 for heart rate, energy expenditure, metabolic equivalents, and sleep efficiency. The participants exhibited significant variations in their physical responses, health statuses, and safety behaviors. Moreover, several issues were identified in the application of wearable sensors to TWH evaluations for construction workers including roofers.
Keywords
Construction Workers; Wearable Technology; Employee Health Promotion; Roofing Industry; Body Sensor Networks; Health; Construction Safety And Health; Usability Study; Wearable Sensors; Worker Monitoring; Worker Physiology; Construction Industry; Ergonomics; Occupational Health; Occupational Safety; Patient Monitoring; Personnel; Roofs; Sleep; Off-duty Worker Physiological Status; Total Worker Health®; Off-duty Wellbeing; Activity Trackers; Physiological Monitors; Twh Concept; On-duty Health; Safety Risks; Off-duty Lifestyles; Monitoring Roofing Workers; Off-duty Activities; Health Statuses; Heart-rate-variability; Energy-expenditure; Health Protection; Physical-activity; Validity; Reliability; Validation; Promotion; Productivity; Actigraph
Cheng, Tao; Migliaccio, Giovanni C.; Teizer, Jochen; Gatti, Umberto C. (2013). Data Fusion of Real-Time Location Sensing and Physiological Status Monitoring for Ergonomics Analysis of Construction Workers. Journal Of Computing In Civil Engineering, 27(3), 320 – 335.
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Abstract
Previous research and applications in construction resource optimization have focused on tracking the location of material and equipment. There is a lack of studies on remote monitoring for improving safety and health of the construction workforce. This paper presents a new approach for monitoring ergonomically safe and unsafe behavior of construction workers. The study relies on a methodology that utilizes fusion of data from continuous remote monitoring of construction workers' location and physiological status. To monitor construction workers activities, the authors deployed nonintrusive real-time worker location sensing (RTLS) and physiological status monitoring (PSM) technology. This paper presents the background and need for a data fusion approach, the framework, the test bed environment, and results to some case studies that were used to automatically identify unhealthy work behavior. Results of this study suggest a new approach for automating remote monitoring of construction workers safety performance by fusing data on their location and physical strain. DOI: 10.1061/(ASCE)CP.1943-5487.0000222. (C) 2013 American Society of Civil Engineers.
Keywords
Civil Engineering Computing; Construction Industry; Ergonomics; Occupational Health; Occupational Safety; Personnel; Sensor Fusion; Psm Technology; Rtls Technology; Construction Workforce Health; Construction Workforce Safety; Equipment Location; Material Location; Construction Resource Optimization; Construction Worker; Ergonomics Analysis; Physiological Status Monitoring; Realtime Location Sensing; Data Fusion; Exposure; Tracking; Demands; Sensors; System; Construction Worker Behavior; Remote Location Sensing; Work Sampling; Workforce Safety And Health
Lee, Wonil; Seto, Edmund; Lin, Ken-yu; Migliaccio, Giovanni C. (2017). An Evaluation Of Wearable Sensors And Their Placements For Analyzing Construction Worker’s Trunk Posture In Laboratory Conditions. Applied Ergonomics, 65, 424 – 436.
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Abstract
This study investigates the effect of sensor placement on the analysis of trunk posture for construction activities using two off-the-shelf systems. Experiments were performed using a single-parameter monitoring wearable sensor (SPMWS), the ActiGraph GT9X Link, which was worn at six locations on the body, and a multi-parameter monitoring wearable sensor (MPMWS), the Zephyr BioHarnessTM3, which was worn at two body positions. One healthy male was recruited and conducted 10 experiment sessions to repeat measurements of trunk posture within our study. Measurements of upper-body thoracic bending posture during the lifting and lowering of raised deck materials in a laboratory setting were compared against video-captured observations of posture. The measurements from the two sensors were found to be in agreement during slow-motion symmetric bending activities with a target bending of <= 45. However, for asymmetric bending tasks, when the SPMWS was placed on the chest, its readings were substantially different from those of the MPMWS worn on the chest or under the armpit. (C) 2017 Elsevier Ltd. All rights reserved.
Keywords
Detectors; Construction Workers; Posture; Wearable Technology; Accelerometers; Work-related Injuries; Health; Accelerometer For Inclinometry; Construction Worker; Work-related Musculoskeletal Disorder; Motion Measurement; Position Measurement; Sensor Placement; Upper-body Thoracic Bending Posture Measurements; Trunk Posture Measurements; Zephyr Bioharness 3; Sensor Placement Effect; Construction Worker Trunk Posture Analysis; Wearable Sensor Evaluation; Asymmetric Bending Tasks; Slow-motion Symmetric Bending Activities; Mpmws; Multiparameter Monitoring Wearable Sensor; Actigraph Gt9x Link; Spmws; Single-parameter Monitoring Wearable Sensor; Low-back-pain; Physical-activity Assessment; Risk-factors; Musculoskeletal Disorders; Reliability; Movements; Validity; System; Gt3x+accelerometer
Cheng, Tao; Teizer, Jochen; Migliaccio, Giovanni C.; Gatti, Umberto C. (2013). Automated Task-Level Activity Analysis through Fusion of Real Time Location Sensors and Worker’s Thoracic Posture Data. Automation In Construction, 29, 24 – 39.
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Abstract
Knowledge of workforce productivity and activity is crucial for determining whether a construction project can be accomplished on time and within budget. Significant work has been done on improving and assessing productivity and activity at task, project, or industry levels. Task level productivity and activity analysis are used extensively within the construction industry for various purposes, including cost estimating, claim evaluation, and day-to-day project management. The assessment is mostly performed through visual observations and after-the-fact analyses even though previous studies show automatic translation of operations data into productivity information and provide spatial information of resources for specific construction operations. An original approach is presented that automatically assesses labor activity. Using data fusion of spatio-temporal and workers' thoracic posture data, a framework was developed for identifying and understanding the worker's activity type over time. This information is used to perform automatic work sampling that is expected to facilitate real-time productivity assessment. Published by Elsevier B.V.
Keywords
Detectors; Construction Projects; Labor Supply; Real-time Control; Construction Costs; Project Management; Machine Translating; Activity And Task Analysis; Construction Worker; Data Fusion; Health; Location Tracking; Productivity; Safety; Sensors; Thoracic Posture Data; Workforce; Construction Industry; Costing; Labour Resources; Sensor Fusion; Real-time Productivity Assessment; Automatic Work Sampling; Worker Activity Type; Spatio-temporal Data; Labor Activity Assessment; Construction Operations; Spatial Information; Productivity Information; Day-to-day Project Management; Claim Evaluation; Cost Estimating; Task Level Productivity; Industry Levels; Project Levels; Construction Project; Workforce Activity; Workforce Productivity; Worker Thoracic Posture Data; Real Time Location Sensors Fusion; Automated Task-level Activity Analysis; Construction-industry Productivity