Thursday, December 5, 2019

Ethical Issues Come Up Are Addressed Below â€Myassignmenthelp.Com

Question: Discuss About The Ethical Issues Come Up Are Addressed Below? Answer: Introducation The construction industry is one of the most profitable industries in not just Australia but the world generally and it has drawn many individuals to it. It is however one of the industries with the most unethical practices and this has led to a lot of legal challenges regarding this sector. In the case study about Lot 2 Greenhills Rd, Mount Helen, things are not that different. The first red flag with this development would be the developer, Ms. Q who has a reputation for malpractice as she is known to police. Some of the ethical issues that might come up are addressed below. The first issue would be the issue of local zoning. The advertisement clearly advertises the property as being in an area designated as a farming zone. This would mean that the development would be in direct violation of the land Use act and the planning system developed by the Victorian government council (Lexis Web, n.d.). The area is also surrounded by schools and residential property meaning that commercialization of that lot would automatically be a violation of the residential comfort and privacy. It is worth noting that, owing to the fact that zoning is both a national government and state government regulation, any breeches of the regulations would mean immediate liability for legal action (Lexis Web, n.d.). The second issue would be the contamination of the lot. In this matter, the information may not be necessarily true but then the gravity of it necessitates proper testing. This would enable the technical team to come up with ways of regulating the effect of the contamination and reducing the risk to the proposed occupants. In some instances, the contaminations are too significant to work around necessitating the area to be put under different use where the effects of the contamination would not directly affect the users. In this case however, the alleged tests have been carried out without the engineer or contractors knowledge or input and it is therefore difficult to ascertain the validity of the acceptance (Victoria State Government, 2017). The third issue would be the effect of the development on the areas residential community. The first two issues have highlighted some legal checks which must be carried out before construction. While they have a legal bearing, they directly affect the residents and projected occupants making the risk very significant if they are ignored. The contamination threat poses a direct risk to the local area residents opening them up to the risk of health problems and this would mean a likely legal litigation directed at the developers. The zoning also affects the residents comfort especially considering it would lead to more noise due to the proposed commercial activities, increased traffic and this would also reduce the areas security. There is also the possibility of urban blight owing to a projected increase in population (Forte, 2014). The final ethical issue is the shrewd way in which some legal processes have been conducted. The acquisition of permits even though already granted may have been acquired in some shrewd manner and this is evidenced by the legal infractions committed in the development of that property. While a contractor, engineer or architect may not be directly charged with the falsification of documents or bribery, they are liable to criminal charges on ethical grounds if they helped develop such a property in the full knowledge of the wayward status of the development framework. The development process is a process that has heavy legal involvement because of the gravity that a development has on both the surrounding community but the land use itself. As such, there are a lot of checks in place to ensure that developers follow a well laid out system of development that is not only safe for humans but for the local environment too while maintaining the proper land use stipulated by the legal frameworks. As Ms. Q has already bought the land, the process of development in this case will skip the initial buying steps and will focus on explaining what else needs to be done in order to fully comply with the local authorities and planning bodies (Davine, 2011). Step 1. Preapproval phase: in this phase, the developer, having bought the property, recruits all the necessary technical professionals to both, prepare plans for them advise them on the application procedures. A developer also needs to identify all the by-laws that are native to both the state and the territory in order to prepare every piece of documentation that is required to achieve compliance and get approved. Here, tests are also carried out to identify the site conditions which would be important in the construction process. A detailed survey is usually carried out in this phase to clearly demarcate the allotment and title boundaries which would be necessary in ensuring the development stays within the limits of the boundaries (Davine, 2011). Step 2. Concept stage: this is the stage that involves rational decision making in order to get a development plan that will produce a most profitable business solution. This includes evaluating the type of project one has in relation to the marketability in that area, the expense compared to the amount of money that the developers are bound to recover once it is business-ready, decide on what to propose when thinking about zoning changes and how to propose them. The concept design is usually decided on by the developers and it is usually amendable at any stage of the construction (Davine, 2011). Step 3: Application of development: this stage is where all the local government applications are made before approval for any development. In this stage, the documents needed include technical drawings, site investigation reports, concept design plans and all land ownership documentation. It is in this stage that zoning changes are proposed. In the case study given, Ms. Q can, in this stage, seek to have the zone where the proposed development is changed in order to allow her to build the commercial building. In this phase, technical drawings and designs will need to be checked for compliance and any fee payable for approvals should be paid at this stage (Chivers, 2012). Step 4. Application review: this is the stage where the proposed development will be thoroughly scrutinized for any compliance failure issues and deliberations are made by the local government staff. Here, the applications can take up to 12 months and in this process, amendments might need to be done for the overall building in order to facilitate full compliance. Any negotiations with the local authorities takes place here and developers are allowed to negotiate for lower fee cuts if they qualify or if the metric measurement method might be unfavourable for their development (Davine, 2011). When discussing zoning changes, this is the phase in which all changes are discussed within the council with the local authority seeking the opinion of the local area residents. The documents needed in this case are still the same as those required in the application stage though amendments may occur more than once to the design, purpose and zoning change application (Chivers, 2012). Step 5. Working drawings and developments: in this phase, all drawings are now received from the local authorities with all the changes and amendments proposed and they can now be reproduced into various construction drawings. All sub-trades to be considered in the development are considered and the architect and engineer make working drawings for each of them. These are usually filed and distributed to the sub-contractors if there already are some of kept until the tendering stage. They also have to be approved but they do not require a similar waiting time as they only act as reproductions of the preapproved documents (Davine, 2011). Step 6. Preconstruction phase: this is the stage in a construction where all tasks are legally assigned and the developer enters into a legally binding agreement with the employees. This phase is where the tendering and bidding happens. The developer has to first have a technical team comprising of an architect, engineer and quantity surveyor who come up with the quantities, prices and all the legal documents for the tendering process (NSW Government Fair Trading). A tender is then marketed either via the local papers, television channels or via selective invitation and the contractors are invited to express their interest. Documents involved in this stage are the technical drawings, bill of quantities, specifications sheet, tender documents and bank documents. In some projects, the contract may be a design and build model and therefor no tendering is involved. This stage, however would still be in effect but at an earlier part of the process (Chivers, 2012). Step 7. Construction: in this phase, the contractor takes up the responsibility of the employee having agreed to the terms and conditions of the contracts. They now take over the site and begin implementing the working drawings and their specifications on the ground in the pursuit of a finished product. A contractor may choose to subcontract some responsibilities in this phase where it is either cheaper to do so or where they do not have the capacity to handle all the work. Subcontracting is also applied when a contractor urgently needs the project completed within a given schedule. This is because most subcontractors specialize in one area of the construction and are independent of each other and this would lead to faster completion of the specific areas within the construction (Chivers, 2012). Step 8. Completion: this is where a development is handed over to a client after successful construction and is commissioned for use. A complete construction needs to be structurally sound, safe and environmentally friendly. The green star rating system in Australia is the benchmark system of rating buildings according to their environmental friendliness based on the sustainability models implemented in the development. It is totally voluntary meaning that there is no requirement for a contractor to seek for a rating score of official documentation. It is however carried out as an assurance measure that the development is indeed green and has followed all the right mechanism to protect the environment. It is a good marketing tool and commercial developers may benefit highly from seeking a good green star rating as it increases the popularity of their development (Broad Sustainable Building). There are nine Green Star categories which include Land Use Ecology, Energy, Transport, Water, Management, Materials, Emissions, Innovation and Indoor Environment Quality (GBCA, 2015). These are measured and rated on a scale of 1-10 for each building being developed and it is the target of developers to achieve good scores in all the subcategories in order to count as a green and sustainable developer. These rating scales apply to both completed buildings and are measured both indoors and outdoors to measure for the level of green optimization (GBCA, 2015). Some of the ways a developer can achieve this compliance is the use of green building techniques. At present, there are numerous green building techniques which have reduced the impact of construction activities on the surrounding environment. Some of these techniques include the use of modular construction systems which significantly reduce wastes and promote recycling. Another technique Ms. Q would use for her development is ensuring that environmentally friendly practices of waste reduction e.g. formwork reuse, recycling rubble etc. and environmental conservation are followed during construction (Broad Sustainable Building). Another approach Ms. Q would take is getting environmental friendly materials for use in the construction of the development. The materials may range from the structural members i.e. structural steel which may be recycled although not advisable for members bearing heavy very loads. She could also opt to use a variety of interior finishing materials which are environmental friendly e.g. cladding and coverings made from reclaimed wood, steel and ceramics (Broad Sustainable Building). The cladding materials significantly contribute to environmental degradation as they are some of the most extensively used materials used in the whole construction process. Reducing the effect would make a green statement (Mashable, 2012). Another means of ensuring a 6 green star rating would be the use of sustainable energy and optimized energy management systems. One of the ways to achieve this is to install reliable and energy efficient appliances and installations. These may be expensive but they also guarantee lower life cycle costs in the future. At present, there are a wide variety of environmental friendly energy sources that would provide a suitable alternative to electricity and this include solar powering and heating, wind power and natural biogas cooking and lighting connections. While biogas technology in itself might not be a direct product of the building, the area is a farming zone and it is highly likely that there would be enough animal waste around to provide alternative lighting and heating power to the construction (Broad Sustainable Building). Alternatively, sanitary production of such a gas system using the development occupants waste would also suffice. Waste water could also be reclaimed for us e in watering the plants and any other landscaping activities. A good green star rating is important as it indicates compliance with the environmental conservation policies and this enables easy indexing of the efforts put into environmental conservation. A good green star rating also means that a development has passed all health and safety checks and that no environmental pollution would be expected. In the case of Ms. Q, she would need to clear the mysteries regarding the apparent contamination of the development site. Such a rating would also need to ensure that no disturbance to the residents is experienced owing to the development going on (Forte, 2014)(Davine, 2011). The benefits of a good green star rating include high market value and insurance valuation. When looking at the market value, future customers and investors would be drawn to an area because of the environmental friendliness in a bid to provide a contribution of their own and such a development may be attractive to such buyer. Such a development would also be attractive to families who would want to raise their children in an environmental friendly community as it also means less health problems. On the overall, the market value would be very attractive (Broad Sustainable Building). Insurers would also be willing to offer higher premiums for such developments and this is attractive for developers. To the insurers this essentially means that developments have lower risks of functional failure resulting in insurance claims and developers are assured of high value premiums if anything were to happen. Developing a structure to a good green star rating also guarantees lower life cycle costs. This would mean that, past the initial investment, the developer would have little to worry about financially in terms of maintenance. This enables a developer enjoy good value for their money as a higher initial investment cost, in the end means paying less for maintenance. References Australian Building Codes Board. (2013). National Construction Code Series Volume 1, Building Code of Australia 2013, Class 2 to 9 Buildings. Canberra: Australian Building Codes Board. Australian Building Codes Board. (2010). An investigation of possible Building Code of Australia (BCA) adaptation measures for climate change. Australian Building Codes Board, Canberra. Australian Building Codes Board. (2010). Performance standard for private bushfire shelters. Part one. Australian Building Codes Board, Canberra. Australian Building Codes Board. (2013). National Construction Code Series Volume 1, Building Code of Australia 2013, Class 2 to 9 Buildings. Canberra: Australian Building Codes Board. Blanchard, B. S. (2008). System Engineering Management. Chichester: John Wiley and Sons. Broad Sustainable Building. (n.d.). Retrieved Aug 24, 2017, from https://www.61.187.123.140/enbroadcom/uploads/pdf/enhzdj.pdf Chivers, J. (2012). The 13 steps in the construction phase of building a new home. Retrieved Sep 10, 2017, from https://www.propertyobserver.com.au/finding/residential-investment/house-and-land/17170-the-13-steps-in-the-construction-phase-of-building-a-new-home-jo-chivers.html Davine, A. (2011). The Development Process - Step by Step. Retrieved Sep 10, 2017, from https://www.yourinvestmentpropertymag.com.au/property-development/the-development-process--step-by-step-20102011-119088.aspx Flex Profit Hub. (n.d.). Differences Between Commercial and Residential Property Investment. Retrieved Aug 31, 2017, from https://flexprofithub.com/commercial-property-investment/differences-between-commercial-and-residential-property-investment Forte, C. (2014, June 29). The Design Process: Residential vs. Commercial. Retrieved Aug 30, 2017, from Architecture Lab: https://www.architecturelab.net/the-design-process-residential-vs-commercial/ GBCA. (2015). The Green Star rating scale. Retrieved Sep 10, 2017, from https://www.gbca.org.au/green-star/green-star-overview/the-green-star-rating-scale/ International Standardization Organization. (2003). Houses Description of performance Part 1: Structural safety, International Standardization Organization 2003, ISO 15928-1:2003, ISO, UK. International Standardization Organization. (2006). Sustainability in building construction Sustainability indicators Part 1: Framework for development of indicators for buildings. International Standardization Organization 2006, ISO/TS 21929-1:2006, ISO, UK. Lexis Web. (n.d.). Overview Land use and zoning. Retrieved Sep 10, 2017, from https://lexisweb.lexisnexis.com.au/Practical-Guidance-Topic.aspx?tid=1087 Mashable. (2012). 5 Companies on the Cutting Edge of Sustainable Prefab Housing. Retrieved Aug 24, 2017, from https://mashable.com/2012/07/25/sustainable-prefab-housing/#fvfvrGKm3Zq3 Modular Building Institute. (n.d.). Why Build Modular? Retrieved Aug 24, 2017, from Modular Building Institute: https://www.modular.org/htmlPage.aspx?name=why_modular NSW Government Fair Trading. (n.d.). Suggested Construction Sequence - Owner Builders. Sydney: NSW Government Fair Trading. Retrieved Aug 30, 2017, from https://ablis.business.gov.au/NSW/resource/AD4654C.pdf SAI Global. (2011). Guide to Standards - Building and Construction. SAI GLOBAL. Shapiro, R., Hassett, K., Arnold, F. (2017). Conserving Energy and Preserving the Environment: The Role of Public Transportation. Victoria State Government. (2017). The Building Interim Regulations 2017. Melbourne, VU: Victoria State Government. Wilkinson, S.J., James, K. and Reed, R. (2009). Using building adaptation to deliver sustainability in Australia. 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