Departmental Conferences

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Browsing Departmental Conferences by Author "Abeynayake, MDTE"

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    An Analysis of construction law and disaster management law relating to sustainable development in Sri Lanka
    Abeynayake, MDTE
    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 mechanism for dispute resolution in construction industry of Sri Lanka
    Amarasooriya, B; Abeynayake, MDTE
    Dispute resolution systems change with the interaction. There is a necessity of reviewing and improving of the arbitration practice periodically in order to minimize the cost and complexity of the process. This research is a comprehensive quantitative and qualitative study to assess significance factors and effectiveness of arbitration in Construction industry of Sri Lanka. Many parties to construction contracts have no more interest to go for arbitration. Therefore professionals should take collective measures to increase the effectiveness of arbitration. Literature review for research was done together with the preliminary survey. Further questionnaire survey among 36 professionals and semi structured interviews with 5 arbitrators were used for the data collection. The findings of this study indicate that the professionals involved in the construction industry have low level of satisfaction on the current practice of arbitration; however, they believe that arbitration is an effective mechanism for dispute resolution and should survive as an ADR (Alternative Dispute Resolution) method in the construction industry. The results of this study enable researchers to gain a deep understanding on the current arbitration practice and recognize significance of each advantages, drawbacks and suggestions for the development of arbitration in the construction industry of Sri Lanka. This research is limited to the arbitration practice in the construction industry of Sri Lanka and the sample for the data collection was selected only from leading clients, contractors and consultant organizations.
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    Legal aspects concerning sustainable buildings and cities relating to the urban development in Sri Lanka
    Abeynayake, MDTE; Green Building; Cities; Urban development; Sustainable development
    Sustainable buildings are energy and environmentally efficient, providing economic, environmental and social benefits over the whole built environment, while protecting and improving the needs of future generation. Sustainable construction also should be environmentally efficient and economically viable. "Green Buildings" are an evolving term in Sri Lanka that encompasses both the general concept of environmentally conscious development and construction, as well as multiple formal rating systems for measuring the environmental impact of projects. A Sustainable City is a city where achievements in social, economic, and physical development are made to last. It is now widely recognized that cities make an important contribution to social and economic development at national and local levels. Cities are important engines of economic growth. Cities absorb two-thirds of the population growth in developing countries as well as it offer significant economies of scale in the provision of jobs, housing and services. Also cities are important centre of productivity and social advancement. Laws governing protection of environment in Sri Lanka are largely based on legislative enactments. The objectives, of this legislation are to promote planning of economic, social and physical development aspects and its implementation in the urban areas. This paper presents existing and new environmental and planning law and legal aspects to be considered in sustainable buildings, cities and urban development in Sri Lankan construction industry.
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    Special features of labour law relating to the health, welfare and safety standards of the construction industry in Sri Lanka
    Abeynayake, MDTE
    This research will analyse Employment/Labour Law relating to the human resource management in Sri Lanka. It analyses health, safety and welfare legislation and regulations concerning construction industry in Sri Lanka. Employment or Labour Law regulates the rights and obligations between employers and their employees and protects employees from unjust exploitation and wrongful treatment by their employers. Much of these laws are now governed by legislation relating to industrial disputes, collective agreements, wages boards, employees' provident and trust funds, holiday and annual leave, workmen's compensation, employment of women and young persons, maternity leave etc. This area of law is governed in Sri Lanka both by legislation and common law. Contract of employment although is supposed to be a free contract between employer and Employee, like any other contract. In the context of present day industrial democracy, the relationship between the employer and the employee is to a large extent governed by various legislative enactments. The minimum standards in respect of terms and conditions of employment and sometimes welfare are laid down by employment law. There are nearly forty enactments enacted by the Parliament and under each of these enactments which govern the relationship between the employer and the employee in Sri Lanka. Specially Factories Ordinance, Workmen Compensation Ordinance, Industrial Disputes Act are directly related to construction industry deal with the sanitary, meal arrangements, washing facilities, welfare facilities, security of employees, Workmen's Compensation Ordinance makes provisions to pay compensation in the event of loss of earning capacity due to accidental injuries caused during the cause of employment and arising out of employment. Industrial Disputes Act provides for the machinery for the settlement of industrial disputes .Employment relationship in the construction industry may arise when independent contractors are engaged for one particular job.