Disputes, frequently encountered in construction projects, can substantially affect project success, necessitating a clear understanding of how and why disputes occur. Previous studies on disputes ...mostly yielded exhaustive lists or hierarchies of possible causes of disputes, which can hardly be used to understand how these causes come together to form a dispute. To address this gap, this study provides an alternative approach to understand the underlying causes of disputes, and their relationship within a specific context, using causal map analysis. This study is conducted using causal mapping approach to understand dispute emergence patterns in practice. Initially, a causal map of construction disputes is developed based on literature. The map is altered and verified through an expert workshop, considering projects contracted through FIDIC Yellow Book. The causal representation of the dispute emergence patterns highlights the importance of pre-construction studies, people factor, and contract terms. It is revealed that significant causes are either result of a chain of preceding factors or are triggers for further ones. This finding reinforces that the occurrence of disputes does not only depend on individual causes; rather, these causes combine with a series of other factors for a dispute to occur.
The time bar clause facilitates informing the Engineer (Contract Administrator) in a timely manner of the occurrence of events that may result in delayed completion and/or incur additional costs. ...Such notices allow parties to mitigate any potential impacts in terms of time and/or cost. Nevertheless, the time bar clause forfeits a contractor's claim, if the notice of claim is not submitted within the stipulated time in the contract, giving rise to numerous disputes. The purpose of this study is to identify the disputes surrounding the time bar clause in the FIDIC 1999 Red Book, which is an internationally used Standard Form of Contract (SFoC) for building and engineering works designed by the employer. After identifying the sources of disputes and modifications to the standard provisions via a comprehensive literature review, the researchers conducted an online questionnaire survey with 61 construction contract professionals (employers, contract consultants and contractors) and semi-structured interviews with four contract specialists to determine the level of agreement with the identified sources of disputes and modifications to standard provisions. Sources of disputes and modifications were ranked based on the Relative Agreement Index (RAI) from the survey. Interviews were qualitatively analyzed to identify agreement/disagreement and the reasons for the agreement/disagreement.
Purpose of the study: The objective of this research is to develop a framework for managing the claim document. The contractual and management issues will be considered in this framework to enhance ...the Claims Management System (CMS). The framework includes the mechanism of claim submission based on the clauses and procedures of Fédération Internationale Des Ingénieurs Conseils (FIDIC, 2017).
Methodology: Qualitative methodology has been selected for this paper as the topic requires a collection of sensitive information from an experienced professional. The proposed Claims Management (CM) framework is developed on the basis of a study conducted to rank the feature required for CMS. This study has been conducted among 43 experts in CM field working on contractor firm’s category A. Then, the framework was verified by seven experts who participated in the first study.
Main Findings: Eleven features were required for CMS that can enhance contractor claim submission. These factors have different levels of importance. The top three factors are Tracking Claim Status (99.5%), Supporting all types of documents (96.3%), and having a Centralized Database (93.0%). Based on these features, the proposed framework was developed to improve contractor claim submission.
Applications of this study: Applying the proposed framework reduces human efforts in getting documents related to claims by its systematic recording, transparency, reminder feature, contractual guide, user-friendliness, and other features of the system. Moreover, it provides the contractual support pursuant to FIDIC 2017 clauses.
Novelty/Originality of this study: The framework will improve contractor claim submission and the contractor will be satisfied by claim resolution and engineer determination. Side by side, the framework will save about 50% of time consumed by the claims analysts that are usually spent in collecting, screening, and identifying information related to claim event in the project’s documentation.
The aim of the research is to determine for a contract’s “Design and construction works of Vilnius city wastewater treatment plant” the most suitable variant of the combination of the FIDIC standard ...construction contract model and the purchase pricing of contract works using the SAW. Based on expert assessments, a matrix of possible solutions is formed by interviewing 8 experts (4 public procurement specialists and 4 civil engineers). Calculations have shown that the most appropriate combination of the FIDIC standard construction contract model and contract purchase pricing is the FIDIC Yellow Book and fixed price pricing. The obtained research results mainly reflect the essence of the FIDIC Yellow Book, assessing the specifics of the contract and the complexity of the planned works.
Abstract Construction sector, which is associated with approximately two hundred sub-sectors in terms of employment area, plays the role of locomotive sector in economic development of countries. ...This feature of the sector affects economy directly and indirectly. Despite this positive contribution of the sector, disputes are inevitable between parties -administration and contractor- in a bid, contract and implementation processes, which are parameters of the construction process. Formal judicial process applied for the purpose of resolving disputes encountered in construction projects that the public assumes the role of employer, takes a long time. Therefore, while contractor is exposed to financial losses, administration cannot conclude public investment. In the study; disputes in public construction projects are classified, and proposals preventing disputes are presented. In this scope, firstly, 174 of 10591 disputes submitted to Court of Cassation, and 84 of 102 disputes submitted to Directorate of High Technics Board are selected regarding public construction projects. In the second stage, parameters causing disputes are classified under six main items. Thirdly, reasons of the disputes for each classification are detailed, and then proposals are presented for prevention of the disputes based on FIDIC (International Federation of Consulting Engineers) contract forms. Finally, a resolution procedure is developed for the processes including bid, contract and implementation phases based on FIDIC. By the presented proposals for GCCW (General conditions of construction works) official resolution paths can be reduced to a minimum, and the processes result positively for administration and contractors. It is concluded that the developed procedure is suitable as a practical tool for resolution process of the disputes in the public construction projects.
This paper presents a methodology for analyzing engineering-related delays in construction projects using Quality Function Deployment (QFD). The steps of the QFD technique are combined in the quality ...and control policy. A reference matrix based on the literature review is constructed with engineering delays and a survey of all parties involved in construction projects. The QFD matrix aids in identifying the most significant reasons for delays and claims in the construction projects. For the identified reasons, solutions have been developed to limit or reduce them. The mean sources of construction delays include engineering, construction, financial/economic, management/administrative, and force majeure. This paper presents a knowledge-based QFD technique dedicated to engineering-related delays. Three categories of Engineering-related delays are considered in the proposed system. These categories are 1) design development, 2) workshop drawings, and 3) project party’s changes delays. The knowledge of the QFD matrix is acquired from literature, Federation International des Ingenious - Conseils (FIDIC) contract forms, domain experts, as well as a questionnaire survey. Three classes of participants (i.e., consultants, contractors, and Employers) have been approached to get their feedback on the cases of engineering-related delays. The proposed approach helps to limit or reduce delays in construction projects caused by the engineer. Accordingly, it was concluded to the most important reasons that led to the delay of construction projects related to the engineer, using QFD.
Rapidly rising prices of construction materials and machinery in the construction market are also pushing up the cost of construction service. The main problem is that construction investment ...projects have been prepared and contracts between Contractors and Customers have been concluded at previous price and it is therefore necessary to look for opportunities to index the price of the construction contracts. The aim of the study is to analyse the procurement documents for construction contracts published on the Central Public Procurement Portal between 2019 and 2021. The analysis focuses on the pricing selection and price conversion options for public procurement documents for construction contract works. The economic and global geopolitical situation in the construction sector is reviewed. The critical situation in the construction sector due to the drastic increase in the cost of construction materials creates a risk that some contractors may not be able to complete their works in accordance with the signed construction contract. The essence of the article is to propose to the contracting authorities, following an analysis of the procurement documents for construction contracts, solutions to the problem by adding conditions to the procurement documents which will help to minimise the possibility of disputes between the contractors and the client.
This paper explores how the ÖNORM B 2203-1 model can complement the FIDIC Emerald Book contracts in conventional tunnel construction projects, specifically focusing on cooperation, project ...management, reimbursement, and dispute resolution. The complex technical nature of such projects requires collaborative stakeholder engagement, efficient project management, and effective dispute resolution mechanisms. This article enhances the current body of literature by undertaking a qualitative comparative analysis of the FIDIC Emerald Book and the ÖNORM B 2203-1 model within the specific context of conventional tunnel construction projects. The findings demonstrate that specific areas in the FIDIC Emerald Book exist where supplementary guidance is required. Compared to the FIDIC Emerald Book, the ÖNORM model offers a more extensive range of project management aspects, reimbursement guidelines, dispute resolution provisions, and comprehensive technical specifications, all supported by contractual provisions. The major limitation of this study is its focus on a literature review. Thus, including the qualitative analysis in an actual project and applying the study results would be advantageous for verifying the findings.
Today, the professional activities of consulting engineers need new functions based on a research-based approach to the design, construction and operation of sophisticated construction projects. The ...authors introduce new terms and use the concept of technology platforms to present a research-driven platform for consulting engineers. This platform is a complex system that has three constituent subsystems, including “Processes”, the “Database of work items” and “Participants”. Formalized interaction between the platform constituents is based on a tree of goals. The implementation of actions, focused on each goal, allowed (1) clustering the requirements applicable to the new type of consulting engineers; (2) developing an algorithm that underlies the database of work items to be performed by new consulting engineers; (3) developing the principle of automated selection of work items; (4) making a graphical representation of activities, performed by consulting engineers in the form of a BPMN diagram. The platform is a concept for a novel approach to the activities of consulting engineers, who will contribute their experience and use the research-driven approach to ensure the reliability and safety of sophisticated construction projects.
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