Contract Documents Research Articles

A Knowledge Management Comparison of Nine House Typologies for Varying Climatic Regions in South Africa

Housing was identified as one of the greatest challenges faced by the Nelson Mandela 1994 South African government. The government has provided low-cost housing since then and has been efficient in numbers but has proven ineffective in addressing housing provision as a housing and social problem. This paper will present data on how knowledge management can address the housing problem. This paper critically compares the information included in contract documentation and outline specifications of nine hypothetical low-cost housing typologies. The typologies were developed for the varying climatic regions in South Africa. Housing information is often inaccessible to those affected by the housing problem. This paper’s premise is that knowledge management will contribute to addressing the housing problem. The research findings indicate that there is a noteworthy overlap in the information of the nine typologies. This paper argues that knowledge management of this overlapping information would impact the social problem by providing knowledge power to those affected by the housing problem. The findings are new and significant as such research has not previously been published.

ANALYSIS OF THE EFFECT OF SUPERVISORY CONSULTANT PERFORMANCE FACTORS ON THE CONSTRUCTION OF THE TRANS STUDIO BUILDING SURABAYA

This study aims to determine impact of Understanding Contract Documents, Understanding of Technical Specifications, Use of Materials, Use of Labor, and Use of Equipment on the performance of supervisory consultants. This research conducted with a quantitative method. The sources of data using primary data from interviews. The research population is 70 Consultants for the Construction Project of the Trans Studi Surabaya Building with the sample being the entire population. The data analysis technique using PLS program. The results found that understanding of contract documents and technical specifications has a positive significant impact on the performance of the Supervisory Consultant. Meanwhile, the use of materials, labor and equipment has a positive significant impact on the performance of the Supervisory Consultant.

Causal Relationships of Readability Risks in Construction Contracts

Issues related to readability risks in contracts could exacerbate conflict, claim and dispute occurrences in construction projects. Determination of root causes of readability risks by defining casual relationships in construction contracts is essential to improve contract documentation and enable successful risk management. This paper aims to differentiate net causes from net effect factors of readability risks in construction contracts. Most significant readability risks in construction contracts were analyzed using fuzzy decision-making trial and evaluation laboratory (DEMATEL) method, which is known for its wide implementation in similar problems. Root cause degree (RCD) diagram was drawn to illustrate the differentiation of these factors by adopting maximum mean de-entropy (MMDE) algorithm. Analysis results indicated that poor grammar use, legal terminology, visual representation, and negative language were the major underlying cause factors; while lengthy document, use of abbreviations, scope complexity, controversial uses, repetitions, and ambiguous words were the net effect factors. The results are expected to improve readability of contract documents, which would contribute to more effective risk management and better allocation of project resources.

Правовое регулирование «розничных» инвестиций на финансовых рынках

The subjects of the research are the state of legal regulation of the protection of the rights of private investors in financial markets, the construction of legal mechanisms for the protection of retail investors, contractual and judicial practice in the field of retail investments, the impact of the quality of legal protection on improving the quality of life and the formation of human capital. The objectives of the work are to identify and establish the most unfair practices in the contractual consolidation of relations between professional financial intermediaries and retail investors in the financial markets, to determine the optimal ways to protect private investors and adapt existing legal means to improve the quality of protection of the rights of private investors. In the course of the study, the most dangerous norms found in the contractual documentation of professional financial intermediaries were identified, such as the imposition of risks on the retail investor; the release of the intermediary from any liability (including limitation of the amount of liability). The most unfair practices related to the limitation of liability of intermediaries have been identified. It is concluded that the best way to protect retail investors in private law is to apply the doctrine of fiduciary duties of a financial intermediary, including by establishing certain presumptions that encourage him to comply with "trust" obligations, as well as by changing procedural approaches to the consideration of litigation involving retail investors.

Sources of Ambiguity in Construction Contract Documents, Reflected by Litigation in Supreme Court Cases

AbstractA construction contract is a mutually agreed upon and signed document by the contracting parties and plays a significant role in controlling and preventing disputes in a project. This paper...

Quantity Surveying Profession and Its Prospects in Nigeria

The study assessed the prospects of the Quantity Surveying profession in Nigeria. The study identified and evaluated the level of performance of the identified functions performed by the quantity surveyors in the Nigerian Construction industry. The study reveals that there is a high level of performance of the basic functions of the quantity surveyors which include feasibility and viability studies, contract documentation, life cycle costing, preliminary cost advice, etc. The study also examined the factors militating against the effective performance of the quantity surveyor’s functions in the Nigerian Construction industry. The study identified and presented some possible factors militating against the performance of Quantity Surveying functions and some anticipated measures to enhance the quantity Surveying profession for evaluation by the respondents using structured questionnaires. The data collected were analyzed with SPSS version 23 using frequencies and mean item scores. The study revealed some major factors militating against the effective performance of the quantity surveying profession in the Nigerian Construction industry like widespread corruption in Nigeria with a mean score of 4.53, obsolete curriculum and inadequacy in modern equipment with a mean score of 4.41, professional rivalry from kindred profession with a mean score of 4.35, level of adoption of UT with mean a score of 4.32, and inadequacies in academic and professional training with a mean score of 4.18 among others. The study equally revealed some important measures requiring implementation to enhance the quantity of Surveying profession in Nigeria like a clear delineation in professional functions in the construction industry to curb professional rivalry with a mean score of 4.35, reviewing the curriculum of Tertiary Institutions with a mean score of 4.24, improving professional skills through continuing professional development with a mean score of 4.15, improving technological applications in the execution of Quantity Surveying functions with a mean score of 3.91 and professional certification in specialized areas with a mean score of 3.85.

Quantity Surveying Profession and Its Prospects in Nigeria

The study assessed the prospects of the Quantity Surveying profession in Nigeria. The study identified and evaluated the level of performance of the identified functions performed by the quantity surveyors in the Nigerian Construction industry. The study reveals that there is a high level of performance of the basic functions of the quantity surveyors which include feasibility and viability studies, contract documentation, life cycle costing, preliminary cost advice, etc. The study also examined the factors militating against the effective performance of the quantity surveyor’s functions in the Nigerian Construction industry. The study identified and presented some possible factors militating against the performance of Quantity Surveying functions and some anticipated measures to enhance the quantity Surveying profession for evaluation by the respondents using structured questionnaires. The data collected were analyzed with SPSS version 23 using frequencies and mean item scores. The study revealed some major factors militating against the effective performance of the quantity surveying profession in the Nigerian Construction industry like widespread corruption in Nigeria with a mean score of 4.53, obsolete curriculum and inadequacy in modern equipment with a mean score of 4.41, professional rivalry from kindred profession with a mean score of 4.35, level of adoption of UT with mean a score of 4.32, and inadequacies in academic and professional training with a mean score of 4.18 among others. The study equally revealed some important measures requiring implementation to enhance the quantity of Surveying profession in Nigeria like a clear delineation in professional functions in the construction industry to curb professional rivalry with a mean score of 4.35, reviewing the curriculum of Tertiary Institutions with a mean score of 4.24, improving professional skills through continuing professional development with a mean score of 4.15, improving technological applications in the execution of Quantity Surveying functions with a mean score of 3.91 and professional certification in specialized areas with a mean score of 3.85.

Repair & management of deteriorated concrete structures: new DMRB document & specification

The repair and management of Britain's concrete highway structures has significantly improved since the publication of specific guidance in 1990 in the UK Design Manual for Roads and Bridges (DMRB) This guidance was updated in 2020 to include an improved approach to managing deteriorated structures. This paper focuses on the additional requirements or significant modifications in the updated guidance and explains their rationale. Key changes include the overall management strategy of deteriorated structures, repair strategies and deterioration mitigation measures, including control of the incipient anode effect and concrete injection to improve the safety and durability of a repaired structure. Internal deterioration of concrete and thaumasite sulfate attack are also covered. The related UK Manual of Contract Documents for Highway Works also provides an updated specification for concrete repairs. Predominantly performance-based, it covers proprietary concrete repair products complying with British standards and other materials and construction methods for maintenance, repair or strengthening.

Study on the Characteristics of Genealogy Contract Documents in Qing Dynasty

According to the data collected from the genealogical contract documents from the Qing Dynasty to 1949, the genealogical contract documents were first published in the Shunzhi period of the Qing Dynasty, and the contract documents clearly stated that the genealogical contract documents should be published in the Qianlong period. However, the surviving amount of genealogical deed documents is less than one thousandth of the existing genealogy. It is estimated that the surviving amount of genealogical deed documents is less than 5000. As for the type of genealogical contract document, it is roughly the same as the type of scattered contract document, mainly land sale contract document, and genealogical contract document is related to the interests of the clan. The main purpose of the contract in the genealogy is to protect the interests of the family property from loss, so as to maintain the permanent existence of the family property.

Causes of material delays in capital projects in Saudi Arabia

Projects in the oil and gas industry are typically accompanied by time extensions, cost overruns, and owners' disappointment. Material delay is one factor for project cost overrun, delays, poor productivity, and compromised quality. This study focuses on factors affecting material availability on capital projects. Twenty-three factors were identified from the literature and experts. These factors were listed in a survey distributed to professionals in Saudi Arabia within the oil and gas industry. Two categorizations were made: the first is based on the cause's impact, and the second is based on the frequency of occurrence of the identified cause. The collected responses were evaluated using the average, standard deviation, relative importance index, frequency index, the frequency adjusted importance index, and the risk matrix. The statistics revealed that the highest three causes in terms of both the frequency and importance are errors in the design and contractual documentation, poor estimation, and inflation of material costs. These results suggest that stakeholders should stress more in developing quality designs and contractual documents. Besides, contractors are recommended to enhance their material cost estimation methods and seriously consider material cost inflation and the fluctuation in material costs during the preparation of their bid prices.

Probing the Crisis of Regional Connectivity Instigated by the Natural Disasters, Mizoram, India

Mizoram, in eastern Himalayas of India, is educated but thinly populous young state of area 21081sq km with hilly forest cover of (≈90.68%) The major connectivity is by roads of length 8912km (2019) that connects India’s mainland, Myanmar and Bangladesh and about no rail tracks. The state is housed in various folds and faults over Indo-Burmese tectonic zone (Indo Eurasian plate tectonics), and housed adjacent to 950 Ridges. The booming craggy state is combatting with its road network progress due to frequent low magnitude tremors, landslides, floods, and heavy rainfalls.
 The data of earthquakes, landslides, rainfall, and road progress were collected, and analyzed. The connectivity growth is reported tough and challenging within forests, broken relief, frequent ghats roads, and deep gorges, in topography that hinders the progress in pavement growth. Present study focuses on the ameliorative measures of hill road construction in Mizoram by adhering to the IRC: 52-2019, changing modus operandi of national contract bids, amateurish engineering design, procurement policies, bidder’s expertise and commitment for execution.
 The non-availability menial labours and technocrats have stemmed many legal issues & disputes between the government and the contractors. Faulty planning, engineering design, executant’s approach, procurement policies and the contractor’s skill, contract administration and construction management, road safety challenges, contract documentation, and inability of deployed bidders needs to be improved in Mizoram. To cater the needs of up-gradation/ new constructions, the hurdles warrant cutting edge impulses through EIA, EMP, DPR, amateurish design, and updating procurement policies that should supersede the orthodox practices.

Comparative Assessment of Rework on Buildings in Akure Municipal, Ondo State, Nigeria

Rework is the repetition of work that constitutes waste in construction and reflects poor performance due to the failure of building components to satisfy the client’s requirement and contract documentation’s provision, which further results in cost and time overrun. In lieu of the nature of the subject matter, this study comparatively assessed rework occurrence on buildings in Akure municipal, Ondo state, Nigeria to ensure the building works proneto rework are carried out with utmost care and control to drastically reduce rework cost. A total of eighty-three (83) well-structured closed-ended questionnaires were distributed and the retrieved seventy (70) questionnaires formed 84% response rate. Primary data were obtained from 10 construction firms and 60 end-user clients using purposive and snowball sampling. Data collected from the retrieved questionnaires were on the defects in building components due to non-conformance to specification and client requirement and perception on the frequency of occurrence and cost of rework on buildings. The data were analysed using frequency, percentage, Relative Importance Index (RII), Mean Item Score, Mann-Whitney U Test and Spearman’s Rank Correlation Coefficient. A descriptive analysis of the defects on building components from the end-user clients and construction professionals’ perception revealed plumbing and sanitary system and electrical services as the most defective, respectively. Further analysis of theparameters shows a significant difference between the opinions of the end-user clients and professionals on the defects in the electrical appliances and installation; corrosion and discolouration of components; doors and accessories and ceiling and accessories. However, no significant difference exists between the overall opinions of the end-user clients and the construction professionals on building component defects. The result of the conducted analysis further showed that an increase in the frequency ofrework on finishes and mechanical installations could speed up rework cost. This study, therefore, affirms the stakeholders’ need to avoid rework occurrence on services components (mechanical and electrical), concrete works and finishes to experience a rapid decline in the cost of rework. The study contributed to the overall body of knowledge by establishing building components with high rework occurrence and their corresponding effect on cost from the perception of the end-user clients and built environment professionals.

Assessing the expected current and future competencies of quantity surveyors in the Malaysian built environment

PurposeQuantity surveying is a profession that blends engineering, construction and economics. To be competent is to have the ability to apply the set of related knowledge, skills and abilities to perform a task effectively. This paper examines the competency requirements for quantity surveyors (QSs) in the face of changing and increasing client needs.Design/methodology/approachBased on a detailed meta-analysis of the literature, 12 basic/core and 16 evolving competencies are identified. Primary data were gathered through a field survey involving practicing QSs from client, consultant and contractor organisations, and university students undertaking QS programmes in Malaysia. The data obtained were analysed using both descriptive and inferential statistical tools.FindingsThe significance of the basic/core and evolving competencies are presented. Overall, the most important contemporary skills are cost planning, valuation of works, measurement/quantification and contract documentation. The evolved roles require expertise in communication and negotiation, ethics and professional conduct and value management. The analysis of variance (ANOVA) indicates there are misaligned expectations of the proficiency levels needed to provide contemporary and future services between practitioners in client/consultant organisations, contractors and new generation students.Originality/valueThe findings provide guidance on the education, training and practice of quantity surveying to deal with emerging challenges in the dynamic built environments in Malaysia and beyond.

MAIN DIFFICULTIES IN TRANSLATING CONTRACTUAL DOCUMENTATION (ENGLISH/RUSSIAN)

The article is devoted to one of the most common translation problems in the sphere of law, namely finding the adequate equivalents in vocabulary, especially it concerns foreign terminology, in grammar and in text structure.While it is well-known that equivalence is one of the key concepts in translation, the research on practical applications of this principle in different professional spheres is still limited. With the rise of the interest to the machine translation, the special attention to the most common translation problems in the sphere of law can contribute to the overall understanding of the translation process. The methodological approach taken in this study is a mixed methodology based on comparative, structural, socio-linguistic and socio-cultural aspects of translation. The material presented in the article is based on the original contracts developed in English and Russian for the major oil and gas projects to be implemented in Russia 2006-2009. The examples of vocabulary, grammar and text structures equivalents can show the reasons for emergence of the main translation difficulties - polysemantic structure of some terms, absence of concept in either language, dependence of the meaning of the term on the context, idiomatic expressions, historically established traditions in legal text formation – emphasizing the idea that equivalence principle should be considered as a priority when translating contractual documentation.

Factors Affecting Upstream Production Rate and Causing Reworks in Downstream Activities due to Activities Overlapping

Overlapping (or fast tracking) is a schedule compression technique in which phases or activities normally performed in sequence are performed in parallel, PMI, [1]. Rework has both direct and indirect effects on the performance of construction projects. The direct effect of the impact of rework are: additional time for rework, additional costs of rework, additional materials spent on rework and control next waste, additional labor for rework, difficulty of managing resources. To reduce the impact of reworks there is a need to understand their basic reason for their existence or set of conditions that stimulate their occurrence in a building process. This paper aims to identify the top important changes that affecting upstream production rate and causing reworks in downstream activities. These changes were identified through three stages. The first stage twenty three changes which causing reworks in downstream activities were collected from past literature review and were divided into three major categories: designer, contractor and owner changes. One hundred effective interviews were conducted and their results are employed. The second stage, the twenty three changes were then ranked from the most significant to the less significant. The third stage, the 80/20 rule applied to the changes identified to get the eight most important changes that represented about 25% of the causes. The result shows the top important eight factors which were considered as the factors affecting upstream production rate and causing reworks in downstream activities as follows: 1) Lack of coordination and poor communication, 2) The contractor instruction to modify a design, 3) Non-compliance with specification, 4) The owner instruction to modify a design, 5) Incomplete design at the time of tender, 6) Poor planning and coordination of resources, 7) Errors made in the contract documentation and 8) Lack of experience and knowledge of the design and construction process.

DIRECTIONS FOR OPTIMIZING THE SYSTEM OF FINANCING PROFESSIONAL SPORTS IN RUSSIA

The requirements and conditions for the functioning of professional sports that have been formed in the international arena indicate the need to review the current model of conducting financial and economic activities by domestic sports entities that are direct participants in the international sports movement, which requires a comprehensive study related to the optimization of the financial mechanism of professional sports. The relevance of this issue and the lack of a unified approach to the methodology of managing the financial mechanism of professional sports determined the purpose and subject of the research conducted within the scope of this article. Thus, the purpose of the study is to offer directions for optimizing the financial mechanism for managing professional sports, implemented in the context of the development of financial and economic independence of its subjects. At the same time, the subject of the research is the relations related to the development of the financial mechanism of professional sports and the use of its methods and tools to ensure the financial stability of professional sports subjects. Strict licensing conditions for the quality of financial support for clubs and sports infrastructure will allow the League to be formed from professional clubs that can provide high spectator interest in the competition, which will be the basis for financial stability and popularity of the entire League. The main criteria for compliance should be: the availability of modern infrastructure, in particular the stadium, base and youth Academy, as well as a balanced budget for the season, confirmed by the relevant contractual documentation.

Prospects of application of typical agreements of International Federation of Consulting Engineers (FIDIC) in Russia in the practice of public procurement

The subject of this research is the general terms of three standard contracts set by International Federation of Consulting Engineers (FIDIC) in 2017 – conditions of contract for engineering, construction and installation works designed by the contractor; conditions of contract for engineering, construction and installation works designed by the employer; conditions of contract for “turnkey projects” and norms of the Federal Law “On contractual system in the sphere of procurement, works, and services for state and municipal needs; as well as bylaws in the area of public procurement and urban development, which regulate the establishment and change of conditions of construction contracts regarding the types and volume of works, their cost and deadline. The novelty of this research consists in the fact that the conditions of standard FIDIC contracts are analyzed in comparison with the current legislation of the Russian Federation on regulation of public procurement. The conducted comparison revealed discrepancies in the legal regimes of contractual relations emerging thereof. The law establishes rigid requirements to agreeing and setting conditions on the source, cost and completion time of works which impede differentiation of the level of their detailing in contract documentation, and thus the creation of a favorable environment for implementation of investment and construction projects. Excessively rigid rules of public procurement legislation pertaining to the changes of contract terms block the action of risk management procedures enshrined in the FIDIC standard contracts. As a result, the parties are not able to respond adequately and promptly to the impact of external and internal factors that affect project environment. A conclusion is made on impossibility of mutually agreed terms of application of FIDIC standard contracts and Russian legislation on public procurement without making substantial amendments to the content of standard contracts.

Assessing the Factors that Cause Poor Quality of Design and Contract Documentation and the Influence on Project Implementation in Ghana

Design and contract documentation processes which occur throughout the life cycle of the contract, is often mentioned an area that engenders contractual disputes in Ghana. This paper investigated the factors causing poor quality of design and contract documentation (DCD) and how this impact on successful project implementation in Ghana. It used questionnaire approach as the main method to obtain data which was analyzed using Relative Importance Index (RII) and Kendall’s concordance testing. Out of forty factors noted to contribute to DCD deficiencies, six were identified as critical: selection of designers on the basis of lowest price, unwillingness to pay fees commensurate with design services, last minute changes by clients, insufficient design reviews, inadequate clients’ briefs, slow payment systems and insufficient or missing input information from the client. To minimize or prevent DCD deficiencies in Ghana’s construction industry, the research recommends that briefs are adequate, clear and precise; consultancy fees are commensurate to the required service quality; consultants to ensure adequate review of design and contract documentation with all stakeholders and clients to select consultants based on merits. The measures suggested by the paper are believed to contribute to good quality contract documentation which can consequently improve project implementation in Ghana. Keywords: Contract documentation, Construction projects performance, Quality documentation, Deficient Design. DOI: 10.7176/CER/12-7-08 Publication date: July 31 st 2020

Classification of construction work types considered with worn of main production assets

The main results of the research consist in comparing the terms of construction work during the period of reconstruction or major overhaul in various normative documents and generalization to single result. Methods are proposed for resolving contentious issues, avoiding unnecessary costs and appealing to arbitration courts.It is established that in recent years, the methods of organization and construction management have undergone significant changes.It was revealed that normative documents of various institutions allow different interpretations of terms and concepts, which lead to controversial situations related to the classification of these works by tax authorities. The given problems arise at the stage of completion of construction work, when the adjustment in the design and contract documentation is practically impossible to execute.An example of construction and installation works implementation during the overhaul of an industrial building is considered and analyzed. Discrepancies in terms are revealed in terms of performance of construction work during the reconstruction or overhaul period.

Claims in Construction Projects: A Comprehensive Literature Review

Construction industry plays main part in the financial development of a country and occupies an essential position in the state’s growth policies. Construction industry generates thousands of jobs into different sectors to accommodate people according to its capabilities. On the contrary, it faces huge number of claims, as a result it gives birth to various problems including additional cost and time to complete the project. Therefore, this paper aims to identify the common types and causes of claims generally occur in construction industry and specifically in large scale projects. A detailed literature review has been carried out for this research and covers past research papers of the last two decades. The results showed delay in claims and extra work claim submitted by the parties, they are the main types of claims followed by contract ambiguity claims, extension of time claim and suspension of work claims. Delay of payment is the most important cause of claim followed by incomplete design, variation order, change order by owner, lack of communication and in last poor project management. It is concluded that proper contract documentation should be done and early error identification in contract documents, drawings and specifications should be highlighted. Finally, it is recommended to adopt proper claim management policy and procedures to address the queries by all parties. This paper will be used to design future guidelines in managing claims in large scale construction projects to improve the performance of construction industry.