A platform for research: civil engineering, architecture and urbanism
A platform for research: civil engineering, architecture and urbanism
Claims and Disputes Regulation and Management under the MDB-FIDIC (2006) and PPA (2011) Condition of Construction Contract
Claims and disputes in the construction industry are common between the client and the contractor and are unavoidable. In civil engineering work projects, claims are demand for money or time extension or both as a compensation for its loss in which the claimant will raise rightly or wrongly assuming that he has a right to be entitled to as per the provisions of the contract document. Sometimes, it is common to notice that due to negligence in the performing of the contractual obligations and poorly understanding the provisions of the MDB FIDIC, PPA and other forms of contract, contracting parties involve themselves in to avoidable claims and disputes. Hence, it is mandatory for the construction stakeholders to take a serious step for better contract formulation at the bidding stage and proper contract management and administration when construction activities are carried out. To enhance the chances of becoming successful in raising claims, claimants must closely follow the steps stipulated in the provisions of contract conditions with full documentation and evidence when submitting their claims. Otherwise, the submitted claims will be difficult to resolve and will lead to disputes. The emerging of Alternative Dispute Resolution (ADR) methods which are non-litigation alternatives give a chance for effectively resolving disputes in the construction industry. Depending on the nature and complexity of the parties involved in claim and disputes and the circumstances under which the dispute is evolved, different methods of dispute resolution mechanism may be preferable. Among the different methods, regulation and management of claims and disputes under the MDB-FIDIC (2006) and PPA (2011) conditions of contract is common in the Ethiopian context since many construction projects are being under the administration of MDB-FIDIC and PPA. Hence, the aim of this paper is to analyze management, regulation and handling of claim and disputes under the provisions of MDB-FIDIC (2006) and PPA (2011)
Claims and Disputes Regulation and Management under the MDB-FIDIC (2006) and PPA (2011) Condition of Construction Contract
Claims and disputes in the construction industry are common between the client and the contractor and are unavoidable. In civil engineering work projects, claims are demand for money or time extension or both as a compensation for its loss in which the claimant will raise rightly or wrongly assuming that he has a right to be entitled to as per the provisions of the contract document. Sometimes, it is common to notice that due to negligence in the performing of the contractual obligations and poorly understanding the provisions of the MDB FIDIC, PPA and other forms of contract, contracting parties involve themselves in to avoidable claims and disputes. Hence, it is mandatory for the construction stakeholders to take a serious step for better contract formulation at the bidding stage and proper contract management and administration when construction activities are carried out. To enhance the chances of becoming successful in raising claims, claimants must closely follow the steps stipulated in the provisions of contract conditions with full documentation and evidence when submitting their claims. Otherwise, the submitted claims will be difficult to resolve and will lead to disputes. The emerging of Alternative Dispute Resolution (ADR) methods which are non-litigation alternatives give a chance for effectively resolving disputes in the construction industry. Depending on the nature and complexity of the parties involved in claim and disputes and the circumstances under which the dispute is evolved, different methods of dispute resolution mechanism may be preferable. Among the different methods, regulation and management of claims and disputes under the MDB-FIDIC (2006) and PPA (2011) conditions of contract is common in the Ethiopian context since many construction projects are being under the administration of MDB-FIDIC and PPA. Hence, the aim of this paper is to analyze management, regulation and handling of claim and disputes under the provisions of MDB-FIDIC (2006) and PPA (2011)
Claims and Disputes Regulation and Management under the MDB-FIDIC (2006) and PPA (2011) Condition of Construction Contract
Naod Ferede (author)
2017-01-01
doi:10.20372/nadre:1550987615.96
Theses
Electronic Resource
English
DDC:
690
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