Readability and comprehensibility of Malaysian construction contracts

Ballesteros-Lintao, Rachelle; Ali, Noushad Ali Naseem Ameer

doi:10.1080/15623599.2022.2084598

Cited by 3 publications

(1 citation statement)

References 12 publications

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“…A Norwegian study by Omar et al (2019) states that “understanding of the contract and the tender specification” is the leading cause of disputes in Norway and further suggests Contractors have exploited the loopholes in contracts and tender specification and benefitted from it. The use of plain language construction contracts enhances the comprehensibility and readability of contracts and could be advantageous in reducing potential disputes (Ballesteros-Lintao and Ameer Ali, 2022).…”

Section: Findings and Analysismentioning

confidence: 99%

Causes of disputes in the construction industry – a systematic literature review

Silva,

Domingo,

Ameer Ali

2023

JFMPC

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Purpose The construction industry is complex, human-intensive and driven by monetary values. Hence, disputes are widespread. Initial conflicts among parties may develop into a disastrous dispute that costs the project success and good relationships and affects stakeholders' expectations. There has been a focus on causes of construction-related disputes, and studies over the past three decades have attempted to identify a more comprehensive list of reasons for disputes. Some of these studies' limitations were geographical, project delivery methods and project types. The purpose of this study is to identify the most recent and conclusive list of causes of disputes based on current literature by undertaking a systematic literature review (SLR). Design/methodology/approach Considering the large number of studies that focused on causes of disputes, this study aims to develop a comprehensive list of causes, using a SLR, as it ensures that all previous articles in multiple databases are reviewed to produce a comprehensive outcome. A six-stage SLR was followed from background study to analysis and reporting. Findings Not surprisingly, the number of publications has increased over time, most from the Middle East region. The interconnected nature of the causes was widely emphasised. The SLR has produced eight common core causes of disputes. They are: poor contractual arrangements, employer-initiated scope changes, unforeseen site changes, poor contract understanding and administration, contractor’s quality of works, the inability of the contractor to achieve time targets, non- or delayed payments and poor quality of design. The majority of previous authors realised that disputes could be avoided by parties’ involvement during the early stages, avoiding being opportunistic and acting collaboratively. Originality/value Even though numerous studies have been carried out to identify the causes of disputes in the construction industry, none did a SLR. This study aggregates all the previous studies that focused on construction-related disputes systematically. Categorising causes based on the party primarily responsible help various stakeholders by providing a distinct list of factors to avoid that contribute to disputes.

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Section: Findings and Analysismentioning

confidence: 99%