Disputes in time bar provisions for contractors’ claims in standard form of contracts

Seneviratne, Krisanthi; Michael, Gladstan Vimal

doi:10.1080/15623599.2018.1484854

Cited by 6 publications

(2 citation statements)

References 19 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Thus, to deal with rework causes within the contractual provisions, the overall idea is around the Engineer's role. The Engineer must take appropriate action when there is a consequent issue such as a delay (Seneviratne and Michael, 2020).…”

Section: Discussionmentioning

confidence: 99%

Mixed-method approach to the evaluation of rework provisions within general contract conditions

Asadi,

Wilkinson,

Rotimi

2023

CEB

View full text Add to dashboard Cite

Rework in construction contracts is an interesting topic as it influences contractual claims and disputes. Changes in design, work scope, and construction turn into rework and affect the contract sum, the project completion date and project performance. Thus, clear responsibility to manage rework is essential for construction contracts. Contractual rework provisions are difficult to trace as they are written indirectly or in a complex context. A well-defined contract with clear responsibilities before the project commencement will safeguard the contract from unforeseen circumstances. In this study, the stipulated provisions related to the causes of rework are reviewed and analysed in New Zealand standard form of contract. The research uses a mixed quantitative and qualitative method for data collection and analysis. This paper collects a list of rework causes, assesses each rework cause in the general contract conditions, and explores relevant rework clauses of NZS3910 contract. The study revealed five significant causes of rework that have been addressed in the contract conditions. Further investigation into the reminder causes during contract negotiation enables contract parties to manage their obligations under rework events. Properly addressing the causes of rework in the contract conditions improves the overall project performance and reduces contractual claims and disputes.

show abstract

Section: Discussionmentioning

confidence: 99%

Mixed-method approach to the evaluation of rework provisions within general contract conditions

Asadi,

Wilkinson,

Rotimi

2023

CEB

View full text Add to dashboard Cite

show abstract

“…In contrast, findings suggest the occurrence of situations where standard forms are replaced with bespoke contracts. However, the use of bespoke arrangements is not encouraged by the participants, implying that their relative preference is a standard form, which is justified as an attempt to avoid any disputes that can emerge from a bespoke contract's discrepancies (Seneviratne and Michael, 2020). Nonetheless, one of the drivers of using bespoke contracts is clients' tendency to request the same, an aspect linked to minimising risks when doing business with new suppliers (Thompson et al, 1998).…”

Section: Standard Vs Bespoke Forms Of Contractsmentioning

confidence: 99%

Exploring the Contractual Arrangements Associated with the Adoption of the Modern Methods of Construction in the United Kingdom

Saad

2023

J. Leg. Aff. Dispute Resolut. Eng. Constr.

View full text Add to dashboard Cite

The challenges imposed by the construction industry have, for decades, pressured research and practice to consider the adoption of innovations as means of constructive change. An increasingly emerging technique of construction that shifts key processes offsite is a construction methodology that maximises control. Such an approach is described as the Modern Methods of Construction (MMC), a term that has been widely utilised as a reference to practices that drive less site labour, fewer on-site activities, and maximum offsite and premanufactured value. Such fundamental change in how construction normally operates is logically accompanied by inconsistencies with the contractual arrangements. However, limited research focuses on how traditional arrangements are shaped and amended to suit the offsite anecdote in terms of contract form, contract type, procurement strategy, common changes, and legislation's role. A change in traditional processes would reasonably mean a change in the formal agreements, a research gap that motivates this paper to deem this exploration as timely and necessary. A qualitative research method has been utilised to approach forty critical positions of influence in the United Kingdom such as CEOs, COOs, managing directors, managers, and other decision-makers in businesses categorised as MMC firms. This is considered the first study to explore leaders' viewpoints to better understand how contractual arrangements flow to facilitate, or undermine, MMC in the construction industry. Results suggest that JCT, Design and Build, and bespoke amendments in the payment mechanisms are the preferred contractual arrangements when using MMC. Moreover, the findings indicate that the success of these arrangements is conditioned to early involvement and collaboration between supply and demand.

show abstract

Ramifications of Payment Delays on Contractors in the Construction Industry

Hemanth Sai Kalyan,

Anandh,

Sindhu Nachiar

2023

Lecture Notes in Civil Engineering

View full text Add to dashboard Cite

Disputes in time bar provisions for contractors’ claims in standard form of contracts

Cited by 6 publications

References 19 publications

Mixed-method approach to the evaluation of rework provisions within general contract conditions

Mixed-method approach to the evaluation of rework provisions within general contract conditions

Exploring the Contractual Arrangements Associated with the Adoption of the Modern Methods of Construction in the United Kingdom

Ramifications of Payment Delays on Contractors in the Construction Industry

Contact Info

Product

Resources

About