WCS - 2012

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Browsing WCS - 2012 by Author "Abeynayake, M"

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    An analysis of construction law and disaster management law relating to sustainable development in Sri Lanka
    (2012-06) Abeynayake, M; Senaratne, S; Sandanayake, YG
    Construction Law may be defined as the law that regulates built environment in relation to construction activities. This law also deals with physical planning techniques and protection of natural environment. Law governing in built environment in Sri Lanka is largely based on legislation. Main physical planning legislations in Sri Lanka are Urban Development Authority (UDA) Law No. 41 of 1978, Town and Country Planning Ordinance No. 16 of 1946, Municipal Council Ordinance and Urban Council Ordinance of 1947, Pradeshiya Sabhas Act of 1987, and their amendments. Provisions of these legislation are controlling construction activities in their regions. National Environment Act of 1980 controls EIA and EPL relating to the construction industry. The Sri Lanka Parliament enacted two legislations after the tsunami namely Tsunami (Special Provisions) Act No. 16 of 2005 and Disaster Management Act No. 13 of 2005 for the rehabilitation activities. These two Acts have mentioned planning and recovery techniques and elements of disaster management law. In the post tsunami reconstruction work, the government has given high priority to rebuild human settlements. However there are some discrepancies in these legislation and are not accepted in sustainability concepts. Hence, the aim of this research is to compare existing Construction Law and Disaster Management Law relating to the construction industry in Sri Lanka and recommend improvements to the Construction Law practices in order to make sustainability concepts more effective. Through a literature review of recent court cases, this research has analysed the basic concepts and discrepancies of the above mentioned law in Sri Lanka.
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    Arbitration as an alternative dispute resolution method in the construction industry of Sri Lanka
    (2012-06) Abeynayake, M; Weddikkara, C; Senaratne, S; Sandanayake, YG
    The construction industry in Sri Lanka covers a complex and comprehensive field of activities. Disputes might arise at any point during the construction process. Dispute resolution systems are changed with the interaction of the parties. Arbitration is a voluntary procedure available as an alternative resolution to litigation, however not enforceable as the means of settling disputes except where the parties have entered into an arbitration agreement. Construction claims tend to be of the most technical nature - intensive and multifaceted than most other commercial disputes. The desirable features of arbitration are fast, inexpensive, fair, simple, flexibility, confidentiality, minimum delay. Sri Lanka Arbitration Act No. 11 of 1995 stated arbitration principles and UNCITRAL Model Law. However, there is a necessity to reviewing and improving of the arbitration practice periodically in order to minimise the cost and complexity of the procedure. This research is ultimately aims to assess significant attributes of arbitration in construction industry of Sri Lanka. This paper reports on findings gained from the literature review and preliminary survey conducted to explore the current status of arbitration as an alternative dispute resolution method in Sri Lankan construction industry. Current findings indicate that the construction professionals have minimum level of satisfaction on the current arbitration practice; however, they believe that arbitration is an effective mechanism for dispute resolution. The results of this study enabled to gain an understanding on the current arbitration practice and its significance and offer suggestions to improve current arbitration practices in the Sri Lankan construction industry.