A platform for research: civil engineering, architecture and urbanism
A platform for research: civil engineering, architecture and urbanism
Quality & Quality Deviation: It’s Regulation under MDB- FIDIC & FPPPAA (2011) Conditions of Contracts & the Applicable Law
Civil Work Construction contracts such as MDB FIDIC 2006 and FPPPAA 2011 contain quite appropriate provisions dealing with defective materials or workmanship. It is important that quality assurance does not cut across those provisions. In other word, quality assurance is not a part of the contract document and it is true in most projects of Ethiopia. In the absence of Quality Assurance as a part of the Contract Document, if the Contractor or Sub-Contractor complains with a quality assurance system, it means that it is equivalent to compliance with the contract. However, most of Civil Work Construction Contracts such as MDB-FIDIC 2006 and FPPPAA 2011 included the following concepts behind their legal application on the Contractor‟s quality assurance requirements whether included or not in the Contract Document:- a) The Contractor‟s quality assurance requirements shall not affect in any way the Contractor's other obligations under the contract b) Compliance by the Contractor with the quality assurance requirements (whether there are included or not) shall not relieve the Contractor in any way from compliance with any of the other requirements of the Contract. This paper work presents the results of the investigation the relationship between quality and regulations, its consequence of deviation under the MDB- FIDIC 2006, FPPPAA 2011 conditions of contract and the civil code of the country used in the Construction Industry. I have conducted a literature review on quality in construction industry, mainly Defining Quality, Total Quality Management (TQM) and its application in the Construction Industry, Construction Contracts and Legal Liability of the Contractor and discussion part mainly focused on, Defects in works, Taking over of works and its legal Implication and Responsibility of the Engineer in achieving quality. Among other things, after the literature review and discussion part the case study find outs have been made. The financial loss by the Contractor because of not understanding and implementing quality works especially when quality problem is encountered is huge as there is a continuous increment of cost of construction materials, manpower and fuel. Further, based on the comparison made between the MDB FIDIC and FPPPAA 2011 there must be a compelling clause on quality assurance issues, tests, rectification and default analysis in the conditions of Contract of Ethiopia like FPPPAA 2011 with a similar or better fashion as the MDB-FIDIC conditions of contract. On the other hand, the study also discusses Taking over of works and its legal Implication.
Quality & Quality Deviation: It’s Regulation under MDB- FIDIC & FPPPAA (2011) Conditions of Contracts & the Applicable Law
Civil Work Construction contracts such as MDB FIDIC 2006 and FPPPAA 2011 contain quite appropriate provisions dealing with defective materials or workmanship. It is important that quality assurance does not cut across those provisions. In other word, quality assurance is not a part of the contract document and it is true in most projects of Ethiopia. In the absence of Quality Assurance as a part of the Contract Document, if the Contractor or Sub-Contractor complains with a quality assurance system, it means that it is equivalent to compliance with the contract. However, most of Civil Work Construction Contracts such as MDB-FIDIC 2006 and FPPPAA 2011 included the following concepts behind their legal application on the Contractor‟s quality assurance requirements whether included or not in the Contract Document:- a) The Contractor‟s quality assurance requirements shall not affect in any way the Contractor's other obligations under the contract b) Compliance by the Contractor with the quality assurance requirements (whether there are included or not) shall not relieve the Contractor in any way from compliance with any of the other requirements of the Contract. This paper work presents the results of the investigation the relationship between quality and regulations, its consequence of deviation under the MDB- FIDIC 2006, FPPPAA 2011 conditions of contract and the civil code of the country used in the Construction Industry. I have conducted a literature review on quality in construction industry, mainly Defining Quality, Total Quality Management (TQM) and its application in the Construction Industry, Construction Contracts and Legal Liability of the Contractor and discussion part mainly focused on, Defects in works, Taking over of works and its legal Implication and Responsibility of the Engineer in achieving quality. Among other things, after the literature review and discussion part the case study find outs have been made. The financial loss by the Contractor because of not understanding and implementing quality works especially when quality problem is encountered is huge as there is a continuous increment of cost of construction materials, manpower and fuel. Further, based on the comparison made between the MDB FIDIC and FPPPAA 2011 there must be a compelling clause on quality assurance issues, tests, rectification and default analysis in the conditions of Contract of Ethiopia like FPPPAA 2011 with a similar or better fashion as the MDB-FIDIC conditions of contract. On the other hand, the study also discusses Taking over of works and its legal Implication.
Quality & Quality Deviation: It’s Regulation under MDB- FIDIC & FPPPAA (2011) Conditions of Contracts & the Applicable Law
Markos Ayalew (author)
2016-01-01
doi:10.20372/nadre:1548503965.42
Theses
Electronic Resource
English
DDC:
690
Comparative Assessment of Risk Regulation under MDB-FIDIC & PPA-2011 Conditions of Contracts
| BASE | 2016
Owners’ Obligations Under FIDIC Construction Contracts
| TIBKAT | 2021
Book review: Fidic Contracts: Law and Practice
| Online Contents | 2011
Understanding the multiple functions of construction contracts: the anatomy of FIDIC model contracts
| Taylor & Francis Verlag | 2018
Online Contents | 2007