Contractors' Construction‐Claims Avoidance

Jergeas, George; Hartman, Francis T.

doi:10.1061/(asce)0733-9364(1994)120:3(553)

Cited by 75 publications

(41 citation statements)

References 1 publication

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“…A claimant or defendant will have a difficult time proving the standing of his or her case if documentary evidence is lacking [37,38]. Factors relating to the contract programme were generally ranked high by the groups and overall, suggesting that programmes have relatively high degree of influence on the method selected for DA.…”

Section: Relative Importance Of Factors Influencing Dams Selectionmentioning

confidence: 99%

Factors influencing the selection of delay analysis methodologies

Braimah

Ndekugri

2008

International Journal of Project Management

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Delays and disruption to contractors' progress are a major source of claims and disputes in the construction industry. Often at the heart of the matter in dispute is the question of the extent of each contracting party's responsibility for the project delay. Various delay analysis methodologies have been developed over the years as aids to answering this question. This paper reports on a study into the factors that influence analysts' selection from these methodologies. Eighteen factors were identified through literature review and pilot surveys and then ranked on their relative importance based on data collected in a nation-wide survey of UK construction organisations. Factor analysis was used to reduce the factors into 6 group factors: project characteristics, contractual requirements, characteristics of baseline programme, cost proportionality, timing of the analysis and record availability.

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Section: Relative Importance Of Factors Influencing Dams Selectionmentioning

confidence: 99%

Factors influencing the selection of delay analysis methodologies

Braimah

Ndekugri

2008

International Journal of Project Management

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“…Yet, many delay claims continue to be unsuccessful resolved due to lack of relevant contemporaneous records (Jergeas and Hartman, 1994;SCL, 2002), despite that proper record keeping has long been emphasized as a recommended good practice. Lack of contractual requirements in UK-based projects on documentation of project progress records is one of the key reasons attributable to this problem (Carmichael and Murray, 2006).…”

Section: Other Planning Deliverables Generatedmentioning

confidence: 99%

“…These issues have however continued to remain quite challenging to resolve effectively (Al-Najjar, 1995;Bajari et al, 2007), partly due to employers' inability to fully and adequately address all possible uncertainties within their contract documents (Ibbs and Ashley, 1987;Thomas, et al, 1994;Walker and Pryke, 2010). The second issue relates to inadequate or lack of necessary information to support the entitlement and quantification of claims made (Jergeas and Hartman, 1994;Kangari, 1995;Vidogah and Ndekugri, 1998). This latter issue is relatively less difficult to deal with than the former, through for example embarking on improvements in information management systems of construction organisations.…”

Section: Introductionmentioning

confidence: 99%

Understanding Construction Delay Analysis and the Role of Preconstruction Programming

Braimah

2014

J. Manage. Eng.

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Modern construction projects commonly suffer from delay in their completions. The resolution of time and cost claims consequently flowing from such delays continues to remain a difficult undertaking for all project parties. A common approach often relied on by contractors and their employers (or their representatives) to resolve this matter involves applying various delay analysis techniques, which are all based on construction programmes originally developed for managing the project. However, evidence from literature suggests that the reliability of these techniques in ensuring successful claims resolution are often undermined by the nature and quality of the underlying programme used. As part of a wider research carried out on delay and disruption analysis in practice, this paper reports on an aspect of the study aimed at exploring pre-construction stage programming issues that affect delay claims resolutions. This aspect is based on an in-depth interview with experienced construction planning engineers in the UK, conducted after an initial large-scale survey on delay and disruption techniques usage. Summary of key findings and conclusions include: representative. Active client involvement is however quite important as it would facilitate quick programme approval/acceptance before construction, a necessary requirement for early delay claims settlement, which otherwise are often left unresolved long after the delaying events with the potential of generating into expensive disputes. The study results provide a better understanding of the key issues that need attention if improvements are to be made in delay claim resolutions. Additional research focusing on the testing of these results using a much larger sample and rigorous statistical analysis for generalization purposes would be helpful in advancing the limited knowledge of this subject matter.

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“…However, the justification for implementing these procedures has been based primarily upon contractual requirements, governmental regulation, court order, limited previous experience, or basic reactionary instinct and not on measured cost savings. Despite being an industry keenly focused on quantitative results, parties involved in the purchase or construction of capital projects frequently fail to analyze the actual dispute resolution system & costs associated with dispute occurrences [10,11]. While, many industry publications and experts have deplored the trend towards increased litigation in the industry [10 -12].…”

Section: Introductionmentioning

confidence: 99%

Assessment of Construction Dispute Resolution in Ethiopian Somali Regional State Road Projects: A Case Study on Road Projects in the Region

Getahun¹

2016

AJCE

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Abstract:The construction industry has been a paradoxical leader in both dispute occurrences and dispute resolution systems for many years. This study assessed the construction dispute resolution mechanism in Ethiopian Somali Region Road Construction Industry. It has identified the causes that lead to construction dispute in the road sector; determined the most frequent causes of the dispute; and analyzed its current dispute resolution mechanisms. Results show to have five major categories of disputes which are design-related, contractor-related, owner related, contract-related, and external factors ranked from first to fifth, respectively. The Dispute Resolution Mechanisms currently used in the road construction industry of the Ethiopian Somali region are an Amicable Settlement (Negotiation), DRE, Arbitration (Litigation), and "others" not disclosed by respondents. ADR is to a certain extent, effectively used in contracts in the construction industry. Negotiation is initially most frequently used in resolving disputes in road construction projects in Somali Region. However, parties cannot resolve the issue through Negotiation thereby resorted to Arbitration (Litigation). Arbitration is the final stage of dispute management in the road construction sector and arbitration proceedings resemble to regular court litigation. Various but specific recommendations were forwarded to major construction stakeholders to minimize or avoid disputes. Such as disputes can be reduced by checking that the contract documents are in place. Avoid making general statements, and instead set out a complete list of specifications, drawings, questions and answers, and others that apply to the project.

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Contractors' Construction‐Claims Avoidance

Cited by 75 publications

References 1 publication

Factors influencing the selection of delay analysis methodologies

Factors influencing the selection of delay analysis methodologies

Understanding Construction Delay Analysis and the Role of Preconstruction Programming

Assessment of Construction Dispute Resolution in Ethiopian Somali Regional State Road Projects: A Case Study on Road Projects in the Region

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