Investigating the causes preventing the fulfillment of construction contract requirements

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Fadi A. Fatayer ◽  
Amjad Z. Issa ◽  
Mohammed Abunemeh ◽  
Mohammed A.M. Dwikat

PurposeConstruction contractors in Palestine, as in many other developing countries, suffer from many problems. One of their main problems is their inability to meet contractual requirements, such as completing projects within time, at the agreed cost and to the desired quality. Therefore, this paper aims to investigate the causes of the non-fulfillment of contractual requirements in three different types of projects: building, road and electro-mechanical projects.Design/methodology/approachTwo methods were adopted to collect the data – qualitative and quantitative. In total, 65 causes were identified from the literature and qualitative semi-structured interviews with professional experts. These causes were classified into five categories: managerial, financial, contractor capabilities, regulations and laws and political. In the quantitative approach, a questionnaire was developed and then distributed to 50 professional experts: 20 building experts, 15 road experts and 15 experts in electro-mechanical projects. A five-point Likert scale was used to assess the importance, from the perspective of the subject matter experts, of the causes that had been identified. About 35 responses, which represent a combined response rate of 70%, were received. The quantitative data were analyzed using descriptive statistics, with the mean, standard deviation and degree of importance for each of the identified causes being determined, and the SPSS software platform used to rank them.FindingsThe results reveal that the most important reasons why contractors did not fulfill their contractual requirements in building projects were that contracts were awarded to the contractor offering the lowest price, and the profit margin was low because of intense competition among contractors. In road projects, the most important causes were the poor estimation of the equipment required and a lack of standardized conditions in the construction sector, while in electro-mechanical projects, the most important causes were the inability of the contractor to estimate the cost of the project accurately because of unclear bid documents and a lack of contractor capital.Originality/valueThe results of this study will be useful to stakeholders and Palestinian contractor unions. They can be disseminated to give guidance so that contractors can avoid these problems in future construction projects and enhance their compliance with contractual requirements. Moreover, knowing about these causes may lead to the reduction of conflicts and disputes between contractual parties (owners and contractors), which in turn will be reflected in the work quality and reputation of contractors.

2018 ◽  
Vol 11 (3) ◽  
pp. 625-649
Author(s):  
Andreas Økland ◽  
Agnar Johansen ◽  
Nils O.E. Olsson

Purpose Standardizing the development, planning and construction of public building projects can contribute to timely and efficient project delivery. This is especially relevant when there are urgent needs for capacity. The purpose of this paper is to share the experiences from the development of standardized concepts for school extensions and prison building in Norway. Design/methodology/approach The research questions posed in this paper are on the interaction between public entities project delivery models and standardizing building types and the construction method. To investigate the research questions, the paper presents the findings from two case studies: school and prison development and construction projects. It is based on a literature review, semi-structured interviews, document studies and quantitative data on time and cost for the planning and construction phases. Findings Standardization and use of modularized building systems can contribute to shortened delivery time by reducing the duration of both the planning and construction phase. The most significant time reduction resulted from less time spent on quality assurance of cost estimates prior to the funding of the projects. Project costs increased in the school case, but were reduced in the prison case. An important challenge faced in both cases is a shallow pool of capable suppliers; the actors have approached the challenge with different strategies, yet neither actor has been successful in their attempts. Originality/value The paper provides empirical data to add to the collective knowledge on the project management aspects of using standardized project delivery models and standardized (modular) building. However, by emphasizing the interaction between project delivery models and standardization of the planning and execution of the projects, additional insight into the benefits and challenges are highlighted.


2017 ◽  
Vol 5 (2) ◽  
pp. 80-96
Author(s):  
Raid Saleem Abd Ali ◽  
Nooran kanaan Yassin

This research aims to diagnose and identify the causes of claims and disputes between the contractor and the employer, also review the methods used to resolve disputes in construction contracts. In order to achieve the goal of the research, scientific methodology is followed to collect information and data on the subject of claims and disputes in construction projects in Iraq through personal interviews and questionnaire form. The most important results in this research are: the price schedule contract as a kind of competitive contracts is the most important and guarantee for the completion of minimum level of claims and disputes with relative importance of (84.1), compared with the (cost plus a percentage of the cost contract) as a kind of negotiating contracts is the most relative importance of (79.6), and the turnkey contract as a kind of special contracts is the most relative importance of (74.2). The  contractor and  his agents are one of the most influence sources in occurring claims and disputes in construction contracts with relative importance of (77.4) followed by the contract documents with relative importance of (74.2) and then the employer with relative importance of (73.2). In addition to the long period of litigation and the multiplicity of veto grades are most negative when contractual disputes have resolved by it, and with relative importance of (86), followed by the large number of issues and lack of efficiency and specialty of Judges with relative importance (78.4). Finally, the direct negotiation method (relative importance of 77) is one of the most friendly settlement ways favored by conflicted parties, while the resolution of disputes and claims board (relative importance of 10) occupied the last rank in the friendly settlement ways.


2016 ◽  
Vol 118 (3) ◽  
pp. 588-602 ◽  
Author(s):  
Michelle Phillipov

Purpose – The increasing frequency with which food and beverage producers feature in mainstream media, including television cooking shows, provide opportunities and pitfalls for using media to promote artisan food and beverage businesses. The purpose of this paper is to evaluate these, as experienced by a group of food and beverage producers who appeared on the popular Australian television show, Gourmet Farmer. Design/methodology/approach – Findings are based on semi-structured interviews with 14 of the producers featured on the show, plus textual analysis of relevant segments of the show. Findings – While all of the producers felt that food television offered a good promotional tool, those who were most familiar with the practices of media production and whose businesses offered experiences through which viewers could access (or imagine) a “taste” of the Gourmet Farmer life tended to be more satisfied than those who were less familiar with the practices of media production and who expected a greater focus on their products and production practices. Practical implications – The development of media skills is essential for artisan producers to get the best outcomes when using media to promote their businesses. Originality/value – The experiences of food and beverage producers using food television to promote their businesses have not previously been the subject of thoroughgoing research. This paper offers new insights into how artisan producers can best capitalize on the opportunities offered by food media.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Amin Nedaei ◽  
Mirali Seyednaghavi ◽  
Marzieh Firouzfar ◽  
Nahid Zamani

Purpose In recent years, cities have been facing economic, social and environmental crises that need to be prevented and dealt with. The new subject that has been brought up to improve city resistance to crises is urban resilience. The purpose of this study is to compare the resilience of Tehran and Mashhad to identify the strengths and weaknesses of these two cities for better planning in critical situations. Design/methodology/approach The research methodology is a comparative survey. The importance of the subject was manifested through a literature review. A questionnaire is designed using “the Rockefeller Foundation and ARUP’s model” and the Delphi method for testing 21 research hypotheses to evaluate resilience in the two cities (12 Delphi questionnaires and 232 urban resilience questionnaires). The data is analyzed using independent samples t-test by SPSS software. Findings The results show that both the cities are weak in terms of resilience indicators and sub-indicators, but Mashhad is more resilient than Tehran. Originality/value This paper compares urban resilience in Iran for the first time through a comparative study between two metropolises in the country. The Delphi method also is used for the first time (in Iranian case studies) to obtain the dimensions of urban resilience. By comparing the two cities, we can better understand their strengths and weaknesses.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Charles Igwe ◽  
Fuzhan Nasiri ◽  
Amin Hammad

PurposeThis study highlights the findings of an empirical study to investigate waste factors (WFs) affecting the performance and delivery of construction projects in developing countries. The objectives of this study are to identify non-physical WFs in developing nations and rank the identified factors based on their degree of influence on the key performance indicators (KPIs) of cost, quality and time.Design/methodology/approachIn total, 34 WFs were identified through a detailed literature review and consolidated using semi-structured interviews with construction practitioners. The statistical analysis involved a normality test using the Shapiro–Wilk test to determine if sample data have been drawn from a normally distributed population, ranking the WFs using the Frequency Index (FI), Severity Index (SI) and Importance Index (IMPI), ranking the WFs based on their effect on the project KPIs of cost, quality and time, and identify clustering structures for the identified WFs to using factor analysis (FA).FindingsThe results revealed ineffective planning and scheduling, rework/repair of defective work and resource quality problems (human, material and equipment) as the three most important WFs affecting construction projects. The factor analyses showed that WFs can be grouped into five interrelated components, suggesting the need for integrated and holistic strategies to overcome the identified WF.Practical implicationsUnderstanding the effects of WFs on construction projects is a first step towards designing holistic solutions to ensuring projects deliver value to the clients and other stakeholders. The findings of this study provide direction to construction practitioners on where to focus appropriate strategies to manage the identified WFs effectively and, therefore, improve the productivity of construction projects.Originality/valueThis study provides the first holistic analysis of WFs affecting the productivity of construction projects in developing countries.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mariola Jolanta Marzouk

Purpose This paper aims to provide unique empirical findings exploring the impact of the UK’s post-Brexit Economic Strategy to boost trade with developing countries on the UK banking sector’s ability to manage trade-based money laundering risks. Design/methodology/approach Exploratory research design that used structured literature review, followed by semi-structured interviews with key subject matter experts employed by large UK banks. Findings Both banks and law enforcement struggle to prioritise trade-based money laundering (TBML) intelligence discovery due to deficient skills, resources, technology and lack of strong regulatory stimulus. The regulated sector calls for the UK anti-money laundering (AML) reform that would better incentivise TBML deterrence, yet the Government underestimates the money laundering risks while trading with high-risk jurisdictions post-Brexit. Research limitations/implications The findings are based on a small sample of six semi-structured interviews with difficult to access population of key subject matter experts. Despite the small sample, participants provided well-articulated and informed insights. Practical implications The UK’s post-Brexit Economic Strategy to boost trade with developing countries downplays the TBML risks it carries. The findings should alert UK banks, law enforcement and the Government who will collectively bear the responsibility to effectively manage TBML while enabling smooth trading. Originality/value The research provides unique perceptions of UK banks’ senior subject matter experts on managing TBML threats from opportunistic criminals.


2020 ◽  
Vol 27 (10) ◽  
pp. 2859-2891
Author(s):  
Douglas Alleman ◽  
Eul-Bum Lee

PurposeThe publication presents an analysis of the cost and schedule performance of incentive/disincentive projects and case studies toward developing a systematic disincentive valuation process, with Construction Analysis for Pavement Rehabilitation Strategies (CA4PRS) software integration that aids agencies in minimizing the likelihood of court challenges of disincentives.Design/methodology/approachFrom a California transportation database, the authors performed cost and schedule analyses of 43 incentive/disincentive (I/D) projects and case studies on four of those I/D projects. Interviewees included subject matter experts from transportation organizations to ensure applicability and maximum value-adding, and the process was implemented on ten California transportation projects and monitored for performance.FindingsThe presented process mitigates the contractor's ability to claim disincentives as penalties in a court of law through the following: (1) all calculations are performed using project-specific bases, backed by estimations of actual incurred costs; (2) the CA4PRS software allows for estimation transparency and (3) the clarity of cost inclusions reduces any chances of “double-dipping” between disincentives and liquidated damages.Practical implicationsTransportation agencies have historically faced legal challenges to their enforcements of disincentives. As agencies continue to apply disincentives on more megaprojects, contractors will likely attempt to pursue legal challenges more frequently. The presented process mitigates the likelihood of these challenges going to court and increases the accuracy and efficiency of disincentives.Originality/valueWhile there have been publications that discuss the legal challenges of imposing disincentives, they mainly provide guidelines and lack applicable processes. Existing literature that does present incentive/disincentive valuation process focuses on incentive valuations and neglects the disincentives' legal challenges. The following publication fills this gap by presenting an applicable disincentive valuation process for transportation projects which incorporates the guidelines for legal mitigation.


2019 ◽  
Vol 17 (4) ◽  
pp. 719-735
Author(s):  
Hewa Siliyange Athushla Madhubhashana ◽  
B.A.K.S. Perera ◽  
Colombapatabendige Savindi Ranthika Perera

Purpose Many countries have started to use post-tensioned (PT) concrete because of its sustainability and low cost. However, it is not quite popular in Sri Lanka as the required knowhow and technology are not available within the country. By introducing PT concrete to the country, unwanted costs and time overruns could be eliminated from the construction projects. This paper, therefore, aims to identify the suitability and acceptability of PT concreting for/in Sri Lanka. Design/methodology/approach An extensive literature review was first carried out to gather knowledge on PT concreting. The four case studies that followed it included eight semi-structured interviews and a document review. Ten expert interviews were conducted finally to strengthen the findings of the literature review and case studies. Cross-case analysis and NVivo 11 content analysis software were used to analyze the data gathered. Findings Findings reveal that PT concreting saves cost and time of construction and that it can have a control over the resources required for construction, which makes it environment-friendly. PT concreting allows thinner concrete sections, extended spans, stiffer walls that resist lateral loads and stiffer foundations that resist the effects of shrinking and swelling soils. Originality/value It is found that PT concreting is more suitable for the construction industry in Sri Lanka than traditional concreting.


2016 ◽  
Vol 5 (1) ◽  
pp. 199
Author(s):  
Clyde Sibanda ◽  
Keba Hulela ◽  
Nelson Tselaesele

<p>The purpose of the study was to investigate factors perceived to contribute to the decline of students’ performance in the Botswana’s General Certificate of Secondary Education (BGCSE) agriculture results. Ninety-one agriculture examiners were randomly sampled out of 100 teachers who were invited to mark the 2012 end of year examination scripts. A questionnaire was mailed by post and partly hand delivered to gather quantitative data. The SPSS software was used for statistical analysis. The results showed that majority (57%) of the agriculture teacher examiners were male, 66% were in the age range of 31-35 years old. A large proportion (66%) of them had taught for a period of 6 to 15 years. The study revealed positive perceptions of teachers on three constructs influencing the decline on the students’ performance in agriculture. The study revealed that under the construct,<em> Students’ behaviors, social and economic related factors, students attitudes towards the subject </em>yielded high mean (x̅)‘= 4.45<em>,</em> STD (σ) ’ = .81;<em> on Factors related to curriculum issues, </em>the study sho<em>we</em>d<em> </em><em>“</em><em>interpretation of examination items</em><em>”</em><em> </em>had high mean<em> </em>(x̅) ‘= 4.39<em>,</em> STD (σ) = .75 and under the construct on <em>Factors related to resources and infrastructure </em>the mean (x̅) was = 4.79<em>,</em> STD (σ) = <em>.53 </em>was high on the <em>student teacher ratio. </em>The study concluded that the three constructs studied had influence towards students’ performance in agriculture. However, based on interpretational correlations the results did not find any strong relationship among the demographic variables studied.</p>


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Philip English ◽  
Rachel Gordon

PurposeThis paper introduces a new instructional design for executive programs that combined a flipped classroom methodology and experiential learning to address the challenge of teaching highly technical material in a compressed time frame. In practice, when decision-making executives lack technical expertise and face a highly technical problem, they contract for subject-matter expertise (SME) within the firm or through hiring consultants. The authors show how this can be done in a classroom setting to enhance the learning experience.Design/methodology/approachThe classroom approach utilizes students from other programs as analysts for executive MBA (EMBA) teams faced with case analysis that involves technical issues in finance. The analysts act as subject-matter experts for the EMBA students.FindingsExecutive student learning is not eroded by relying on the analysts, and, moreover, the use of analysts enhances EMBA student understandingPractical implicationsExecutives are able, in a short time frame, to produce high quality analysis by utilizing the subject-matter experts. Executives also learn how to ask the right questions and evaluate the quality of the analysis created by the subject-matter experts. The subject-matter experts, who are also students, derive added benefits of an employment experience in finance, learning how to interpret instructions about the analysis and how to respond to feedback.Originality/valueThe paper illustrates a new course design where the course's technical analysis aspects mimic work environments enhancing student learning.


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