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Contractual Battles for Higher Ground: Case Examples

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

Urban Driven Phenotypic Changes: Empirical Observations and Theoretical Implications for Eco-Evolutionary Feedback

Alberti, Marina; Marzluff, John; Hunt, Victoria M. (2017). Urban Driven Phenotypic Changes: Empirical Observations and Theoretical Implications for Eco-Evolutionary Feedback. Philosophical Transactions Of The Royal Society Of London. Series B, Biological Sciences, 372(1712).

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Abstract

Emerging evidence that cities drive micro-evolution raises the question of whether rapid urbanization of Earth might impact ecosystems by causing systemic changes in functional traits that regulate urban ecosystems' productivity and stability. Intraspecific trait variation-variation in organisms' morphological, physiological or behavioural characteristics stemming from genetic variability and phenotypic plasticity-has significant implications for ecological functions such as nutrient cycling and primary productivity. While it is well established that changes in ecological conditions can drive evolutionary change in species' traits that, in turn, can alter ecosystem function, an understanding of the reciprocal and simultaneous processes associated with such interactions is only beginning to emerge. In urban settings, the potential for rapid trait change may be exacerbated by multiple selection pressures operating simultaneously. This paper reviews evidence on mechanisms linking urban development patterns to rapid phenotypic changes, and differentiates phenotypic changes for which there is evidence of micro-evolution versus phenotypic changes which may represent plasticity. Studying how humans mediate phenotypic trait changes through urbanization could shed light on fundamental concepts in ecological and evolutionary theory. It can also contribute to our understanding of eco-evolutionary feedback and provide insights for maintaining ecosystem function over the long term. This article is part of the themed issue 'Human influences on evolution, and the ecological and societal consequences'.

Keywords

Peromyscus-leucopus Populations; Rapid Evolution; Urbanization; Biodiversity; Adaptation; Dynamics; Birds; Environment; Mechanisms; Morphology; Eco-evolution; Ecosystem Function; Urban Ecology; Ecosystems; Plastic Properties; Urban Environments; Evolution; Phenotypic Plasticity; Feedback; Urban Development; Biological Evolution; Plasticity; Environmental Impact; Nutrient Cycles; Environmental Changes; Productivity; Human Influences; Ecological Effects; Urban Areas; Genetic Variability; Physical Characteristics

An Investigation of the Daylighting Simulation Techniques and Sky Modeling Practices for Occupant Centric Evaluations

Inanici, Mehlika; Hashemloo, Alireza. (2017). An Investigation of the Daylighting Simulation Techniques and Sky Modeling Practices for Occupant Centric Evaluations. Building And Environment, 113, 220 – 231.

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Abstract

Occupant centric performance approaches in daylighting studies promote design decisions that support human visual comfort, productivity, and visual preferences, along with more conventional energy efficiency criteria. Simulating per-pixel luminance values and luminance distribution patterns for the entire scene allows us to analyze the occupant centric metrics and performance criteria. However, there are a number of different sky models, complex fenestration models, and simulation techniques that produce either conventional point in time images or annual luminance maps. This paper discusses the similarities and differences between different techniques; and a comparison analyses provides insight about their impact on occupant centric lighting measures. The comparisons for sky modeling include the conventional CIE skies (Clear, Intermediate, and Overcast), measurement based CIE models, Perez all-weather skies, and high dynamic range image based skies. The comparison of simulation techniques include point in time simulations, image based lighting simulations, and annual luminance simulations (threephase and five-phase methods). Results demonstrate that measurement based sky models match real world conditions with reasonable proximity, and generic CIE skies consistently underestimate the indoor lighting conditions. Annual simulation methods provide a large database of temporal luminance variations, where individual instances are comparable to point in time simulations. Long term luminance simulations provide opportunities to evaluate the percentage of the year that a given luminance based criteria is met or violated. (C)2016 Elsevier Ltd. All rights reserved.

Keywords

Complex Fenestration Systems; Scattering Distribution-functions; Discomfort Glare; Visual Comfort; Daylit Spaces; Validation; Radiance; Performance; Offices; Design; Sky Models; Daylight Simulations; Point In Time Simulations; Image Based Lighting; Annual Lighting Simulations; Annual Luminance Maps

Activity-Based Life Cycle Analysis of a Curtain Wall Supply for Reducing Its Environmental Impact

Yi, June-seong; Kim, Yong-woo; Lim, Ji Youn; Lee, Jeehee. (2017). Activity-Based Life Cycle Analysis of a Curtain Wall Supply for Reducing Its Environmental Impact. Energy And Buildings, 138, 69 – 79.

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Abstract

Life-Cycle Assessment has been used extensively in the construction industry to assess the environmental impacts of building materials. Attributional LCA considers processes in a supply chain which allows users to identify a process to improve to minimize the environmental impacts. However, the level of detail adopted in traditional attributional LCA is aggregate, not appropriate for process improvement efforts in the construction project context which is characterized as a complex system. This paper proposes Activity-based LCA (ABLCA) which adopts the methodology of the activity-based costing system to carry out the assessment and analysis of environmental impacts for the life cycle. The research carried out a case study on the curtain wall supply chain. The outcome of inventory analysis for each activity and environmental impact assessment showed the curtain wall supply chain process made an impact on five environmental impact categories: global warming air, acidification air, HH criteria air; eutrophication air, and photochemical smog air. With comparison to the outcome of environmental impact assessment from existing LCA, the proposed management system to investigate environmental impacts was addressed. The proposed ABLCA enables management to develop an environmental-impacts-reduction plan focusing on critical activities. (C) 2016 Elsevier B.V. All rights reserved.

Keywords

Construction Industry & The Environment; Energy Conservation In Construction Industry; Building Materials & The Environment; Complexity (philosophy); Global Warming & The Environment; Activity-based Management; Attributional Lca (life-cycle Assessment); Curtain Wall; Environmental Impacts; Activity-based Life Cycle Analysis; Ablca; Construction Industry; Building Materials; Inventory Analysis; Life-cycle Assessment; Environmental Impact Categories; Curtain Wall Supply Chain Process; Environmental Impact Assessment; Environmental-impacts-reduction Plan; Environmental Factors; Inventory Management; Life Cycle Costing; Product Life Cycle Management; Supply Chain Management; Walls; United-states; Performance; Buildings; Energy; Trends; Lca; Environmental Impact; Supply Chains; Environmental Assessment; Construction Materials; Life Cycle Engineering; Eutrophication; Life Cycle Analysis; Construction; Climate Change; Global Warming; Smog; Life Cycle Assessment; Case Studies; Cost Analysis; Acidification; Photochemical Smog; Environmental Management; Life Cycles

Physical and Mental Health Impacts of Household Gardens in an Urban Slum in Lima, Peru

Korn, Abigail; Bolton, Susan M.; Spencer, Benjamin; Alarcon, Jorge A.; Andrews, Leann; Voss, Joachim G. (2018). Physical and Mental Health Impacts of Household Gardens in an Urban Slum in Lima, Peru. International Journal Of Environmental Research And Public Health, 15(8).

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Abstract

Rural poverty and lack of access to education has led to urban migration and fed the constant growth of urban slums in Lima, Peru. Inhabitants of these informal settlements lack land rights and access to a public water supply, resulting in poor sanitation, an inability to grow food, and suboptimal health outcomes. A repeated measures longitudinal pilot study utilizing participatory design methods was conducted in Lima between September 2013 and September 2014 to determine the feasibility of implementing household gardens and the subsequent impact of increased green space on well-being. Anthropometric data and a composite of five validated mental health surveys were collected at the baseline, 6-months, and 12-months after garden construction. Significant increases from the baseline in all domains of quality of life, including: physical (p < 0.01), psychological (p = 0.05), social (p = 0.02), environmental (p = 0.02), and overall social capital (p < 0.01) were identified 12 months after garden construction. Life-threatening experiences decreased significantly compared to the baseline (p = 0.02). There were no significant changes in parent or partner empathy (p = 0.21), BMI (p = 0.95), waist circumference (p = 0.18), or blood pressure (p = 0.66) at 6 or 12 months. Improved access to green space in the form of a household garden can significantly improve mental health in an urban slum setting.

Keywords

Of-life Assessment; Psychometric Properties; Threatening Experiences; Vegetable Consumption; Developing-countries; Community Garden; Climate-change; Green Space; Poverty; Participation; Mental Health; Peru; Quality Of Life; Urban Slum; Social Capital

Development of a Regional Lidar-Derived Above-Ground Biomass Model with Bayesian Model Averaging for Use in Ponderosa Pine and Mixed Conifer Forests in Arizona and New Mexico, USA

Tenneson, Karis; Patterson, Matthew S.; Mellin, Thomas; Nigrelli, Mark; Joria, Peter; Mitchell, Brent. (2018). Development of a Regional Lidar-Derived Above-Ground Biomass Model with Bayesian Model Averaging for Use in Ponderosa Pine and Mixed Conifer Forests in Arizona and New Mexico, USA. Remote Sensing, 10(3).

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Abstract

Historical forest management practices in the southwestern US have left forests prone to high-severity, stand-replacement fires. Reducing the cost of forest-fire management and reintroducing fire to the landscape without negative impact depends on detailed knowledge of stand composition, in particular, above-ground biomass (AGB). Lidar-based modeling techniques provide opportunities to increase ability of managers to monitor AGB and other forest metrics at reduced cost. We developed a regional lidar-based statistical model to estimate AGB for Ponderosa pine and mixed conifer forest systems of the southwestern USA, using previously collected field data. Model selection was performed using Bayesian model averaging (BMA) to reduce researcher bias, fully explore the model space, and avoid overfitting. The selected model includes measures of canopy height, canopy density, and height distribution. The model selected with BMA explains 71% of the variability in field-estimates of AGB, and the RMSE of the two independent validation data sets are 23.25 and 32.82 Mg/ha. The regional model is structured in accordance with previously described local models, and performs equivalently to these smaller scale models. We have demonstrated the effectiveness of lidar for developing cost-effective, robust regional AGB models for monitoring and planning adaptively at the landscape scale.

Keywords

Laser Scanner Data; Landscape Restoration Program; Canopy Fuel Parameters; Discrete-return Lidar; Western United-states; Wave-form Lidar; Airborne Laser; Tropical Forest; Climate-change; Adaptive Management; Forest Biomass; Aboveground Biomass; Airborne Lidar; Monitoring; Regional Forest Inventory; Variable Selection; Bayesian Model Averaging; Multiple Linear Regression

Beyond the Bus Stop: Where Transit Users Walk

Eisenberg-Guyot, Jerzy; Moudon, Anne V.; Hurvitz, Philip M.; Mooney, Stephen J.; Whitlock, Kathryn B.; Saelens, Brian E. (2019). Beyond the Bus Stop: Where Transit Users Walk. Journal Of Transport & Health, 14.

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Abstract

Objectives: Extending the health benefits of public-transit investment requires understanding how transit use affects pedestrian activity, including pedestrian activity not directly temporally or spatially related to transit use. In this study, we identified where transit users walked on transit days compared with non-transit days within and beyond 400 m and 800 m buffers surrounding their home and work addresses. Methods: We used data collected from 2008 to 2013 in King County, Washington, from 221 non-physically-disabled adult transit users, who were equipped with an accelerometer, global positioning system (GPS), and travel diary. We assigned walking activity to the following buffer locations: less than and at least 400 m or 800 m from home, work, or home/work (the home and work buffers comprised the latter buffer). We used Poisson generalized estimating equations to estimate differences in minutes per day of total walking and minutes per day of non-transit-related walking on transit days compared with non-transit days in each location. Results: We found that durations of total walking and non-transit-related walking were greater on transit days than on non-transit days in all locations studied. When considering the home neighborhood in isolation, most of the greater duration of walking occurred beyond the home neighborhood at both 400 m and 800 m; results were similar when considering the work neighborhood in isolation. When considering the neighborhoods jointly (i.e., by using the home/work buffer), at 400 m, most of the greater duration of walking occurred beyond the home/work neighborhood. However, at 800 m, most of the greater duration of walking occurred within the home/work neighborhood. Conclusions: Transit days were associated with greater durations of total walking and non-transit related walking within and beyond the home and work neighborhoods. Accordingly, research, design, and policy strategies focused on transit use and pedestrian activity should consider locations outside the home and work neighborhoods, in addition to locations within them.

Keywords

Physical-activity; Public-transit; Accelerometer Data; Combining Gps; United-states; Travel; Transportation; Health; Time; Neighborhood

Introducing Supergrids, Superblocks, Areas, Networks, and Levels to Urban Morphological Analyses

Moudon, Anne Vernez. (2019). Introducing Supergrids, Superblocks, Areas, Networks, and Levels to Urban Morphological Analyses. Iconarp International Journal Of Architecture And Planning, 7, 1 – 14.

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Abstract

Urban morphological analyses have identified the parcel (plot), the building type, or the plan unit (tessuto in Italian) as the basic elements of urban form. As cities have grown in geographic size disproportionately to their growth in population over the past seven decades, new elements have been introduced that structure their form. This essay describes these new elements and proposes that they be formally recognized in urban morphology. It introduces a conceptual framework for a multilevel structure of urban space using areas and networks and including supergrids and superblocks to guide morphological analyses.

Keywords

Morphological Elements; A Posteriori Approach; A Priori Approach

Pan Coefficient Sensitivity to Environment Variables across China

Wang, Kaiwen; Liu, Xiaomang; Tian, Wei; Li, Yanzhong; Liang, Kang; Liu, Changming; Li, Yuqi; Yang, Xiaohua. (2019). Pan Coefficient Sensitivity to Environment Variables across China. Journal Of Hydrology, 572, 582 – 591.

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Abstract

Data of open water evaporation (E-ow), such as evaporation of lake and reservoir, have been widely used in hydraulic and hydrological engineering projects, and water resources planning and management in agriculture, forestry and ecology. Because of the low-cost and maneuverability, measuring the evaporation of a pan has been widely regarded as a reliable approach to estimate E-ow through multiplying an appropriate pan coefficient (K-p). K-p is affected by geometry and materials of a pan, and complex surrounding environment variables. However, the relationship between K-p and different environment variables is unknown. Thus, this study chose China D20 pan as an example, used meteorological observations from 767 stations and introduced the latest PenPan model to analyze the sensitivity of K-p to different environment variables. The results show that, the distribution of annual K-p had a strong spatial gradient. For all the stations, annual K-p ranged from 0.31 to 0.89, and decreased gradually from southeast to northwest. The sensitivity analysis shows that for China as a whole, K-p was most sensitive to relative humidity, followed by air temperature, wind speed and sunshine duration. For 767 stations in China, K-p was most sensitive to relative humidity for almost all the stations. For stations north of Yellow River, wind speed and sunshine duration were the next sensitive variables; while for stations south of Yellow River, air temperature was the next sensitive variable. The method introduced in this study could benefit estimating and predicting K-p under future changing environment.

Keywords

Atmospheric Temperature; Hydraulic Engineering; Meteorological Observations; Humidity; Water Supply; Evaporation (meteorology); Sunshine; Lake Management; China; Kp Most Sensitive To Relative Humidity; Open Water Evaporation; Pan Coefficient (kp); Pan Evaporation; Sensitivity Analysis; Reference Evapotranspiration; Reference Crop; Evaporation; Water; Model; Pan Coefficient (k-p); K-p Most Sensitive To Relative Humidity; Air Temperature; Ecology; Forestry; Geometry; Hydrologic Engineering; Lakes; Maneuverability; Meteorological Data; Models; Planning; Prediction; Relative Humidity; Solar Radiation; Wind Speed; Yellow River

Korean Apartment Complexes and Social Relationships of the Residents

Gu, Naeun. (2020). Korean Apartment Complexes and Social Relationships of the Residents. Housing Studies, 35(8), 1362 – 1389.

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Abstract

Korean apartment housing, where more than half of the population lives, has drawn attention with its spatial, historical, and cultural uniqueness. Among many questions on Korean apartments, this article explains how the socio-spatial characteristics of apartment housing have impacts on the social relationships among the residents. This article first analyses the historical, socio-cultural, and spatial characteristics of Korean apartments, and then synthesizes up-to-date empirical study results to examine how the diverse characteristics can be associated with the residents' social relations. The empirical evidence clarifies the effects of Korean apartments' characteristics on residents' social relations-the exclusive complex design, spatial configurations, shared spaces including community facilities, heights of the units, public/private housing types, social homogeneity, and community programs are all associated with social relations of the residents. Key methodological problems in current studies as well as implications for future apartment planning are highlighted.

Keywords

Housing; Homogeneity; Shared Space (traffic Engineering); Empirical Research; Sociocultural Theory; High-rise High-density; Korean Apartments; Residents; Social Relationships; Socio-spatial Characteristics; Built Environment; South-korea; Neighborhood; Community; Health; City; Place; Density; Seoul; Configuration Management; Apartments; Uniqueness; Social Relations; Empirical Analysis; Characteristics