Certification has been common for technicians for many years but specialty certification is rapidly becoming important to engineering practitioners in addition to or as a substitute for licensure in some fields. Certification and accreditation are closely related but there are also important differences. International standards now exist for accreditation of certification programs and could provide the basis for mutual recognition of specialty certification worldwide. ASCE should seek international accreditation of its specialty certification programs and play an appropriate role in defining international standards related to specialty certification and assessment of conformity to those standards.

The need arises to equip engineering students with a wider horizon of concepts in terms of environmental, economic, and social attributes, for decision making of sensitive to sustainability issues. Pedagogic frameworks have to address a multidisciplinary analysis of sustainability. This paper addresses the rationale behind the recent integration of sustainability concepts into an undergraduate civil engineering curriculum in Hong Kong. Incentives and barriers for implementation of the curriculum are addressed. A team-based design project with a problem-based learning approach is highlighted. The initial results of stakeholder evaluations suggested that multidisciplinary skills developed during the learning process might contribute significantly to pertinent knowledge on sustainability.

There is little doubt that a laboratory experience can be a beneficial component of the undergraduate engineering learning process. Observing physical demonstrations of textbook and lecture information can enhance a student’s perception of a concept and produce clarity of key issues. Unfortunately, limitations often exist that constrain the developing laboratories and sometimes reducing the student’s experience to little more than performing “cookbook” experiments and copying previous lab reports; an exercise that benefits neither the instructor nor the student. This paper summarizes an alternative approach for undergraduate laboratory instruction that relies on the undergraduate students working in teams to design and conduct experiments. The instructor acts as mentor to a process that ensures a quality laboratory exercise without being the sole responsible party. The students’ learning is increased and the laboratory experience is enhanced due, in part, to the experiments being designed by students and for students; matching students’ needs, education, and interests with experiments. An additional benefit comes from participants being immersed into the concepts of experimental design and analysis using a team of peers.

When performing engineering and construction (E&C) throughout the world E&C personnel need to be aware of the differences in legal systems and how contracts are enforced in different countries. This paper provides information on some of the international legal conventions, regional legal issues, and comparative legal systems. Next the paper addresses international engineering and construction contracts by providing a discussion on the clauses that could differ in contracts throughout the world and which clauses are important to include in international contracts. Specific contract clauses are examined in relation to how their inclusion or exclusion might impact global engineering and construction projects. The next section presents issues related to claims and change orders along with a brief discussion of dispute resolution techniques including international arbitration and contract clauses related to dispute resolution techniques. Anticorruption legislation is mentioned along with kidnapping and ransom insurance because both of these issues are increasing in importance in the global E&C arena. Liability issues that firms might face in the global E&C marketplace are explained along with risks associated with currency valuations and local labor conditions. A table of clauses pertinent to global E&C contracts is provided to help firms prepare for projects in foreign nations.

The paper traces the development of the law relating to liquidated damages in Australia, New Zealand, England, and Singapore. The examination reveals that there is little difference because the courts in each jurisdiction have drawn on common precedents. The paper canvasses the distinction between a genuine pre-estimate of the likely damage and a penalty. Where a party has sought to guarantee compliance with a contract by use of a liquidated damages provision that coerces his or her contractual partner, there is a potential for the clause to be held to be void as a penalty. However, there is a developing reluctance on the part of the courts to interfere with the bargain made by the parties. The use of liquidated damages clauses adds to the predictability of the outcomes of construction contracts. The consequences of a liquidated damages provision being held to be void are discussed. The work concludes with an examination of situations where a party can elect to claim the damages assessed by common law principles in lieu of liquidated damages.

Construction projects frequently suffer from delays and are completed later than agreed on by the contracting parties. Substantial financial claims can arise from these circumstances and consequently, employer and contractor often argue about the causes of and liability for the delayed circumstances. Methods of analysis have been developed over the past 2 decades to assist the investigation of project delays and in the assessment of causation and allocation of liability. This paper examines some of the methods being used and assesses their evidential value.

Given the limitations of construction drawings, clear specifications are important in conveying technical requirements of the owners to the constructors. However, apart from the contextual differences across the world, specifications share one common characteristic, i.e., they are not always prepared with due care and understanding of the problems that will arise from their misuse or nonuse. Disputes have arisen from defective specifications, material substitutions, noncompliance, different interpretations, enforcement slack, etc. Expensive litigation has been used to resolve these problems, which could well be avoided with proper drafting and appropriate use of specifications. This paper identifies and outlines common deficiencies and traces the efforts put into the improvement of specification writing, through a selection of legal cases in various jurisdictions with commentaries.

The extensive opportunities in China’s construction industry are expected to attract many foreign architectural, engineering, and construction (AEC) firms to her shores. However, these foreign firms may face many legal risks and obstacles, mainly because of the differences in culture and operating environment from their home countries. This study investigates the legal risks that foreign AEC firms encounter when operating in China, and how these risks are managed. Data were collected from 21 foreign (non-Chinese) AEC professionals who have extensive experience in China. Legal risks faced by foreign AEC firms in China include: difficulty in complying with the innumerable laws and regulations at the central, provincial, and local levels of the government; keeping up with new laws and regulations that are constantly being enacted; seeming reluctance of Chinese business associates to enter into binding contracts; and lack of sanctity of contracts and contractual obligations not being carried out fully, leading to disputes. Based on the research findings, a framework for managing legal risks is proposed for use by industry practitioners. The framework recommends to practitioners several measures to manage the legal risks. These include relationship-based strategies like establishing close relationships with the Chinese government officials and Chinese business associates and careful selection of Chinese business partners. It is recommended that foreign AEC professionals adopt the mindset that in China, the contact is to be continuously negotiated and reinterpreted. To achieve this, industry practitioners should provide a substantial contingency sum. It is also important to emplace permanent staff in China so that they can understand the local environment and monitor the changes taking place there.

The advancements in Information and Communication Technologies have not been fully exploited by industries despite the great potential they offer. A major initiative by the European Commission to establish a single electronic European market (SEEM) will provide a platform for e-Business on a pan European level. Legal issues represent one of the top concerns for the SEEM, which is high on the agenda of the European Union (EU) policies and strategies. This paper summarizes some of the key research findings of the EU funded SEEMseed project (Study, Evaluate, and Explore in the Domain of the Single Electronic European Market 2006), based on the four legal studies conducted in the project. It first presents the legal requirements of the SEEM through the e-Business life cycle, and then reveals the major legal barriers and possible solutions in the EU for the development of pan European e-Business platforms, based on an extensive pan European stakeholder survey.

With increasing awareness of gains and importance of the strategic use of information and communication technologies (ICTs), the implementation rate of ICTs in the construction sector is increasing. However, these technologies have not been covered by legal and contractual practices. The industry needs to implement application frameworks and legal restructuring of the existing related laws and regulations to use ICT in a legal and contractually valid environment. The EU-funded eLEGAL project, which defined a legal framework for ICT uptake in construction, is selected as a model project to address legal and contractual issues regarding ICT use in the Turkish construction industry. The applicability of this project’s results are discussed by using real cases and defining the barriers, opportunities, methods, and tools to use ICT in a legally admissible manner in the Turkish construction industry.