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Journal articles on the topic 'Construction contracts'

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1

Popovici, Angela, and Georgeta Melnic. "Legal and accounting aspects of construction contracts." Supremacy of Law, no. 2 (June 2023): 130–40. http://dx.doi.org/10.52388/2345-1971.2022.e2.12.

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This article examines the legal and accounting aspects specific to construction contracts based on the provisions of the legislation of the Republic of Moldova, which mainly refer to: the classification and composition of construction contracts, the object of the contracts, the value of the contract, and the method of settlements. The construction contract is drawn up on the basis of the Civil Code of the Republic of Moldova, the National Accounting Standard “Construction Contracts,” and the Regulation on the contracting of public investments. In order to solve the aforementioned issues and co
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2

Kirsanov, A. N., and A. V. Korablin. "Lex Constructionis as a Regulator of an International Construction Contract in Russia." Journal of Law and Administration 18, no. 3 (2022): 26–31. http://dx.doi.org/10.24833/2073-8420-2022-3-64-26-31.

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Introduction. The gaps in the international private legal regulation of legal relations arising from an international construction contract are filled by other sources of law, primarily Lex constructionis, which is a set of acts and documents developed by non-governmental organizations that do not have the force of law, but are actively used in business circulation.FIDIC contracts can be cited as standard contracts, which are a set of narrowly focused standard forms of contracts, each of which was developed for a specific situation and certain legal relations arising from an international cons
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Tabatabai, Seyed Jafar. "The Nature, Terms and Legal Effects of Presale or Pre-Construction Contracts of Building (Apartment)." Journal of Politics and Law 10, no. 1 (2016): 228. http://dx.doi.org/10.5539/jpl.v10n1p228.

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Modern living in present-day in the territory of contracts, as in many other fields, has led to numerous and complex phenomena. One of its manifestations is the construction (constructing) phenomenon and its pre-sale contracts. Sale of the building and apartment units before their construct is a common problem in today's society that it depends on pre-sales or pre-construction contracts. The long duration of construction projects and fluctuations in materials prices, especially considering the today’s economic situation is one of the important reason for the development of pre-sales contracts
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4

Bolifraud, S., J. C. Cryonnet, and J. Stal-Le Cardinal. "HOW A BETTER REPRESENTATION OF CONTRACTUAL RELATIONS CAN HELP TO DESIGN BETTER CONTRACTS." Proceedings of the Design Society: DESIGN Conference 1 (May 2020): 531–40. http://dx.doi.org/10.1017/dsd.2020.30.

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AbstractThis paper contributes to the reduction of conflicts arising along the construction process by improving contract management tools and contracts designing tools. We analyse the existing system of representation of relations between Owner and Contractor, the contract and the construction processes. We improve the actual representation of construction processes by creating a link with the contract. Our ambition is to create a representation that will allow organizations and project managers to represent the construction contracts and design better construction contracts.
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Bolhassan, Dewi Noorain, Chai Changsaar, Ali Raza Khoso, Loo Siawchuing, Jibril Adewale Bamgbade, and Wong Ngie Hing. "Towards Adoption of Smart Contract in Construction Industry in Malaysia." Pertanika Journal of Science and Technology 30, no. 1 (2021): 141–60. http://dx.doi.org/10.47836/pjst.30.1.08.

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The revolution of Malaysian Construction 4.0 through emerging technologies has brought a paradigm shift that has digitalized the construction sector. There is a need to adopt a computerized protocol to assist in automating the performance of a contract to meet future digital challenges. Therefore, this paper aims to serve as a pioneer study to investigate the implementation of the Malaysian construction industry to adopt smart contracts. This study adopted a qualitative scientific methodology, whereby a systematic review was conducted to gather the benefits and challenges of implementing smart
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6

Deryugina, T. V. "ON THE DICHOTOMY OF THE CONSTRUCTION OF A MIXED CONTRACT." Вестник Пермского университета. Юридические науки, no. 3(61) (2023): 467–78. http://dx.doi.org/10.17072/1995-4190-2023-61-467-478.

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Introduction: the article deals with the problems of the legal nature of mixed contracts in comparison with the related constructions of non-defined (innominate), complicated, and complex contracts. The possibility of individual regulation excluding the effect of imperative prohibitions (subject to compliance with the principles of law) contradicts the essence of a mixed contract. Purpose: to formulate the features of the mixed contract that distinguish it from non-defined, complicated, and complex contracts. Methods: along with traditional theoretical and empirical methods, the author used th
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Cui, Bao Xia. "Discussion on Construction Contract Management." Applied Mechanics and Materials 238 (November 2012): 562–64. http://dx.doi.org/10.4028/www.scientific.net/amm.238.562.

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Construction contract is a code conduct for both the contractor and the outsourcer to abide in the Market Economy environment, as a result, the enforcement and improvement of contracts management becomes essential. By analyzing the issues laying in the construction contracts management and their causes, this paper puts several proposals for enhancing the construction contracts management.
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8

Mitkus, Sigitas, and Renata Cibulskienė. "Statybos rangos sutartys: kvalifikavimo problemos." Teisė 70 (January 1, 2009): 36–50. http://dx.doi.org/10.15388/teise.2009.0.312.

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Straipsnyje nagrinėjamos aktualios statybos rangos sutarčių kvalifikavimo problemos, analizuojamos statybos rangos sutarčių atskyrimo nuo kitų rangos sutarčių ir būsimo gyvenamojo namo ar buto pirki­mo–pardavimo sutarčių problemos, tiriamas statybos rangos ir pirkimo–pardavimo sutarčių bei vartoji­mo rangos ryšys. Straipsnio tikslas – iškelti problemas, susijusias su statybos rangos sutarčių kvalifikavi­mu, ir pasiūlyti jų sprendimo būdų. The article deals with topic problems of qualification of construction contracts, analyses the issues of differentiation between a construction contract and
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Yasir Tagelsir Mohamed Osman, Yasir Tagelsir Mohamed Osman. "Mechanisms for resolving international contracts for building and construction disputes: آليات حسم منازعات العقود الدولية للبناء والتشييد". مجلة العلوم الإقتصادية و الإدارية و القانونية 5, № 23 (2021): 162–45. http://dx.doi.org/10.26389/ajsrp.r110221.

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Consider of resolving international contracts for building and construction is extremely important for architects and building construction implementers, as international building and construction contracts are complex contracts and countless international parties participate in their implementation. The aim of this research is to show the legal implications of implementing dispute resolution mechanisms, international contracts in construction and construction. The International Building and Construction Contract does not deviate from being a complex, international commercial contract, from pr
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10

Khudaybergenov, Behzod. "LEGISLATION OF FOREIGN COUNTRIES ON THE LEGAL NATURE OF THE CONSTRUCTION CONTRACT." Jurisprudence 4, no. 5 (2024): 19–27. https://doi.org/10.51788/tsul.jurisprudence.4.5./nfty6059.

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This article analyzes the legal nature of the construction contract agreement, the procedure and essential conditions for its conclusion, the procedure for the development of the construction contract agreement and the specifics of legal regulation, the rights and obligations of the parties (customer and contractor), the issue of determining their liability, and the legislation of foreign countries related to the construction contract agreement. In particular, the article analyzes the following legal sources that include provisions related to construction contracts: the French Civil Code of 18
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11

Pour, Nancy Asbaghi, and Mohammadreza Sharafatpeima. "Civil Liability in Construction Contracts and Compensation Practices in Iranian Law with an Emphasis on British Law." Journal of Politics and Law 9, no. 5 (2016): 283. http://dx.doi.org/10.5539/jpl.v9n5p283.

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The huge volume of construction activity in our country, is done in compliance with the Treaty and the general condition of Treaty. Although there is no legal requirement but even in private sector activities, these conditions are considered because total material of general conditions of Treaty is largely justifying the employer. Civil liability and contracts in construction contracts can help to a large extent. The subject of this study is to find an answer for the question which what is the basic difference between Iranian and British laws on compensation practices in construction contracts
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Chong, Heap Yih, Chai Chai Lim, and Rosli Mohamad Zin. "Construction Contract Clarity: Conceptual Process Flow Modeling." Applied Mechanics and Materials 145 (December 2011): 344–48. http://dx.doi.org/10.4028/www.scientific.net/amm.145.344.

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Construction contracts can be a complex subject if issues corresponding to their interpretation and administration are not handled properly. The need for clarity of construction contracts is eminent especially in the context of the construction industry. The paper holds that a better interpretation and understanding of construction contracts could offer a proactive approach to avoid the inevitability of conflicts occurring in a project. Therefore, the objective of this paper is to develop a conceptual process flow model on how to clarify contract provisions in a contract. It is a subsequent de
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13

Agustina. "Implementasi Asas Kebebasan Berkontrak dan Pengaruhnya Terhadap Kegagalan Pekerjaan Konstruksi." JISHUM : Jurnal Ilmu Sosial dan Humaniora 1, no. 3 (2023): 685–700. http://dx.doi.org/10.57248/jishum.v1i3.140.

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This study aims to comprehensively discuss the implementation of the principle of freedom of contract in construction work contracts, and examine the legal consequences of unequal work contracts in construction work. This type of research is normative in nature with a descriptive-analytical approach to studying existing legal symptoms and problems and testing them based on statutory regulations and legal norms. The results of this study indicate that the principle of freedom of contract in construction work contracts cannot be fully implemented, due to the use of standard clauses in the prepar
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14

Daudova, Laila Kh, and Isa Sh Basnukaev. "THE USE OF CONSTRUCTION CONTRACTS IN CONSTRUCTION ENTERPRISES." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 9/10, no. 150 (2024): 51–56. https://doi.org/10.36871/ek.up.p.r.2024.09.10.007.

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The key to applying construction contract standards for construction companies is good work in the field of basic accounting. Currently, the main management problems that exist in the process of implementing construction contract standards by construction enterprises have led to uncontrolled revenue and cost management of engineering projects and serious distortion of accounting information. By improving the basic management system, making full use of accounting supervision and departmental coordination, it is possible to solve the problem of implementing standards for construction contracts a
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15

NguyenPham, QuynhHuong. "Construction Contract Management: Policy Mechanisms and Influencing Factors." Global Academic Journal of Economics and Business 6, no. 02 (2024): 47–53. http://dx.doi.org/10.36348/gajeb.2024.v06i02.003.

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A construction contract is a civil contract agreed in writing between the principal and the contractor to perform part or all of the work in construction investment activities. Construction contracts include many different types, corresponding to stages and tasks in the construction process of a project. However, no matter what type of contract it is, it must comply with some basic legal issues that are the foundation of construction contracts. During the contract implementation process, the role of management is extremely important. The purpose of this study is to analyze several policy mecha
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16

Shash, Ali Ali, and Salah Ibrahim Habash. "Construction Contract Conversion: An Approach to Resolve Disputes." Journal of Engineering, Project, and Production Management 10, no. 3 (2020): 162–69. http://dx.doi.org/10.2478/jeppm-2020-0018.

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AbstractA construction contract is a mechanism to bind a project owner and a contractor in a legal agreement to construct a project against a designated monitory consideration. However, projects are usually assembled over a long period with high uncertainty and complexity. Under such a dynamic business transaction, current static contracts fail to arrange for an appropriate and stable transaction. This paper reveals, through a questionnaire survey that was sent to all grade1 and 2 contractors and all owners in Riyadh-Saudi Arabia, the most common construction contracts in Saudi Arabia and the
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17

Yin, Bolong. "Legal Analysis and Rule Construction of Smart Contracts." Advances in Economics, Management and Political Sciences 178, no. 1 (2025): 49–55. https://doi.org/10.54254/2754-1169/2025.22517.

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In the context of the boom in blockchain technology since 2008, the range of applications for smart contracts, which were first introduced in 1995, has been expanding. Their development, however, has been hampered by legal issues. The legal research on smart contracts is of great significance. Theoretically, it challenges and enriches the traditional contract theory and legal system. From a practical point of view, it helps regulate its application and protect the rights of parties in various fields such as finance and supply chain. This article delves into the legal nature of smart contracts,
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18

Mitkus, Sigitas, and Eva Trinkūnienė. "ANALYSIS OF CRITERIA SYSTEM MODEL FOR CONSTRUCTION CONTRACT EVALUATION." Technological and Economic Development of Economy 13, no. 3 (2007): 244–52. http://dx.doi.org/10.3846/13928619.2007.9637806.

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A number of multicriteria decisions must be made during construction investment processes. A number of support systems for multicriteria tasks of construction investment processes are available. Part of them is reviewed in this article. Effectiveness of the construction investment process is greatly influenced by an appropriate formulation of a construction contract. In order to formulate effective construction contract, multicriteria techniques for evaluation and comparison of the contracts must be created. Beside technical, organisational and economic aspects of construction, legal aspects o
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19

Shi, Guanqun, Jingru Tong, Zhiyuan Chen Chen, and Yichen Wang. "Optimal time-based and cost-based contracts in construction projects under asymmetric information." Journal of Civil Engineering and Management 31, no. 4 (2025): 299–316. https://doi.org/10.3846/jcem.2025.23318.

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A project owner (principal) delegates a project to a contractor (agent). Because the contractor has construction experience, he has private information about the project’s expected completion time. Besides, the contractor can exert an unobservable effort to shorten the completion time. Under an asymmetric information setting, we provide the optimal time-based contract and the optimal cost-based contract, both of which consists of one payment scheme. Additionally, we consider a menu of time-based contracts that consists of a series of contracts. By comparing three contracts, we demonstrate that
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20

Wu, Song, and Mei Ling Wang. "Study on Adjusting Contract Sum of Construction Projects from Contract Status Compensation Perspective." Applied Mechanics and Materials 584-586 (July 2014): 2343–48. http://dx.doi.org/10.4028/www.scientific.net/amm.584-586.2343.

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The initial contract status was formed when the contract was signed, firstly, this paper analyzed necessities of adjusting contract sum and practicable routes that could be followed for classifying and compensating contract status; which was initiated under three contract types, lump sum contracts, unit rate contracts and cost plus contracts for balancing the rights and obligations for both contract parties and aims to provide a reference for pushing forward construction progress smoothly.
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21

Goddard, I. A. "ESSENCE AND LEGAL NATURE OF THE CROSS-BORDER CONSTRUCTION CONTRACT." Proceedings of the Southwest State University 22, no. 3 (2018): 153–64. http://dx.doi.org/10.21869/2223-1560-2018-22-3-153-164.

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The article gives a thorough analysis of various means of regulation of trans-border private law issues, including trans-border construction activities, based on a contract. The author analyses the sources of law, applicable in the sphere of construction, their types and specific areas of application with regard to practice. Analysing the sources of international and national law, the author comes to the conclusion that it is necessary to take into account their specifics and development tendencies when drafting cross-border construction contracts. The author compares international and nationa
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22

Kirsanov, A. N., and A. V. Korablin. "Types, characteristics and features of model FIDIC contracts." Journal of Law and Administration 17, no. 4 (2022): 51–56. http://dx.doi.org/10.24833/2073-8420-2021-4-61-51-56.

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Introduction. The article examines the types of standard FIDIC contracts, as the most commonly applicable standard forms of a construction contract, analyzes the features of each type of FIDIC contract, the history and reasons for the emergence and use of new standard forms of contracts.Materials and methods. The implementation of research tasks was achieved on the basis of studying the theoretical and practical experience of foreign countries in the application of standard FIDIC construction contracts, the history of FIDIC contracts, their features. The methodological basis of the research wa
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Rahmawati, Diana, Zakiyah Zakiyah, and Muhammad Arsyad. "Legality of Construction Working Contracts as an Formil Agreement." Lambung Mangkurat Law Journal 6, no. 1 (2021): 85–102. http://dx.doi.org/10.32801/lamlaj.v6i1.234.

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The purpose of this study is to determine the form of construction work contracts and the legal consequences of construction work contracts that are not in accordance with the provisions of statutory regulations in the field of construction services. The legal research method used is normative legal research, which is a study of the prevailing laws and regulations which are particularly related to construction service contracts. This type of research is legal obscurity. A construction work contract is a type of formal agreement in which Law Number 2 of 2017 concerning Construction Services and
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Diana Rahmawati, Zakiyah, and Muhammad Arsyad. "LEGALITY OF CONSTRUCTION WORKING CONTRACTS AS AN FORMIL AGREEMENT." Lambung Mangkurat Law Journal 6, no. 1 (2021): 85–102. http://dx.doi.org/10.32801/abc.v6i1.112.

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The purpose of this study is to determine the form of construction work contracts and the legal consequences of construction work contracts that are not in accordance with the provisions of statutory regulations in the field of construction services. The legal research method used is normative legal research, which is a study of the prevailing laws and regulations which are particularly related to construction service contracts. This type of research is legal obscurity. A construction work contract is a type of formal agreement in which Law Number 2 of 2017 concerning Construction Services and
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Hanak, Tomas, and Jana Korytarova. "Procurement management in construction: study of Czech municipalities." Open Engineering 9, no. 1 (2019): 151–58. http://dx.doi.org/10.1515/eng-2019-0019.

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AbstractEfficient spending of public money is a crucial requirement of public procurement. This requirement is even more important in the case of public works contracts since construction projects are usually very costly. Accordingly, public authorities should manage the procurement process in an efficient way. The aim of this paper is to analyse municipal procurement practices focusing on small-scale public contracts for construction works. The Czech Republic is the study area for this analysis. Data concerning procurement practices were collected through a questionnaire survey and on the bas
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Ghahraman, Mohammad, and Masoud Reza Ranjbar Sahrayi. "Nature of Commitment in the General Conditions of FIDIC, Iran Construction Contracts, and Principles of European Law on Service Contracts." Journal of Politics and Law 10, no. 1 (2016): 166. http://dx.doi.org/10.5539/jpl.v10n1p166.

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Commitment is a consequence of a contract. Identifying the nature of commitment is very important to achieve it. The question here is that what is the nature of commitment in construction contracts? Is the constructor bound to achieve a result and implement the contract subject, or is his/her effort to implement the contract subject enough? Since performance of the contract subject in construction contracts, which include creating, repairing and reconstructing a building, requires time passing and meeting various secondary commitments by both parties, the issue was studied according to the gen
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Fayze Elharche, Ahmed. "Regulating the building of contracts in the Islamic economy." Finance and Business Economies Review 4, no. 2 (2020): 01–21. http://dx.doi.org/10.58205/fber.v4i3.1452.

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Contracting is considered one of the foundations of the economic construction of trade exchanges in countries, and since its construction on solid foundations is a cause for economic and social advancement, Islamic legislation has been keen on the proper construction of the contract. The study sought to clarify the wisdom of restricting some contracts in economic activity. The study concluded that the construction of contracts in the Islamic economy has laid the foundations of justice and charity between the two parties to the contract, and that legislation excluded types of contracts due to t
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Gusakova, Еlena, and Aleksandr Pavlov. "Contractual relations of participants in the life cycle of a construction project." E3S Web of Conferences 263 (2021): 04008. http://dx.doi.org/10.1051/e3sconf/202126304008.

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Contracts accompany all stages of the life cycle of a construction object. The contractual relationship should ensure a balance of production and economic interests of numerous participants in the construction project and stakeholders of the project. When a project is being implemented by several dozen contractors, it is difficult to achieve a balance of interests, the content of contracts is often multidirectional or contradicts each other. In order to systematize the relationships of the project participants, contractual relations in the construction industry and the functions of the subject
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29

Carmichael, David G., and John P. Karantonis. "Construction contracts with conversion capability: a way forward." Journal of Financial Management of Property and Construction 20, no. 2 (2015): 132–46. http://dx.doi.org/10.1108/jfmpc-10-2014-0022.

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Purpose – The purpose of this paper is to explore the role and viability of changing contract terms as a project progresses and to offer an original analysis in this respect. Commonly, projects start out with broadly defined information, and this gets refined as the project progresses. This suggests that a prudent approach would be to tailor the contract between the project owner and the project contractor to the project stage, with conversions along the way. Information asymmetry between owner and contractor also suggests the need to tailor a contract to a project ' s situation. Design/method
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Pohl, Tomáš, and Miroslav Sedláček. "Stavba jako předmět díla v občanském zákoníku." AUC IURIDICA 68, no. 2 (2022): 139–48. http://dx.doi.org/10.14712/23366478.2022.24.

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Work means the construction, maintenance, repair, or alteration of a structure or part thereof. Section 2623 et seq. of the Civil Code provides for certain exceptions to the general regulation of a contract for work, contracts for the alteration of immovable property, and for contracts for the construction, repair, or alteration of a construction. In matters not regulated by these provisions, the general regulation of work contracts also applies to construction contracts. The aim of the authors’ article is to draw attention to these exceptions, to define the concept of construction, to focus o
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Kirsanov, A. N., and A. V. Korablin. "Foreign Experience of Construction Contracts Regulation." Journal of Law and Administration 16, no. 2 (2020): 83–88. http://dx.doi.org/10.24833/2073-8420-2020-2-55-83-88.

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Introduction. Analysis of foreign legal norms, including the Anglo-Saxon and the Romano-German legal systems that regulate the construction contract, their similarities and differences is described in this article.Materials and methods. The goal was achieved through the study of theoretical and practical experience. The structural analysis was used as a key method for this study.Study results. The article overviews the legal regulation of construction contracts in foreign countries described in the works of foreign and domestic researchers, in the legislation of foreign countries and includes
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Sara, Farag Abd Al-Wahab, Mohammed Abdelalim Ahmed, and Sayed Abd El-Hamid Manal. "CONSTRUCTION CONTRACTS' PRICING ACCORDING TO CONTRACTUAL PROVISIONS AND RISK ALLOCATION." International Journal of Civil and Structural Engineering Research 11, no. 1 (2023): 8–31. https://doi.org/10.5281/zenodo.7876040.

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<strong>Abstract:</strong> Construction contracts are complicated legal agreements with several terms that must be carefully considered. As a result, it is critical that all parties participating in construction projects understand the relevance of contractual clauses and how they might influence project results. This allows construction professionals to negotiate, draw, and execute contracts that are more successful in achieving their objectives. In this technical paper, we will examine the importance of contractual provisions in construction contracts, and develop the contract pricing proces
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Linev, I. V., and N. A. Fedotova. "About opportunity of foreign experience application of public-private partnership in construction." Proceedings of the Voronezh State University of Engineering Technologies 80, no. 4 (2019): 479–83. http://dx.doi.org/10.20914/2310-1202-2018-4-479-483.

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The article discusses the possibilities of applying foreign experience in using public-private partnerships (PPP) in construction, presents classifications of forms of public-private partnerships. In economic practice, in addition to traditional construction contracts in a number of developing foreign countries, combinations of service contracts, management contracts, leases, construction, operation, transfer and variety of contracts, concessions have found wide application. The development of PPPs led to contracts with a long warranty period (up to 10 years), after which the operation and mai
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34

Murodjonova, Mokhirakhon, and Dilfuza Imamova. "THE CONCEPT OF AN INTERNATIONAL CONSTRUCTION CONTRACT." Review of Law Sciences 7, no. 2 (2023): 61–69. http://dx.doi.org/10.51788/tsul.rols.2023.7.2./vjgm1988.

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The article explores the concept of an international construction contract. The relevance of this topic is due to the increase in the number of international construction contracts concluded and the growth of disputes in courts, which creates the need to qualify contracts with a foreign element. Despite the rapid pace of urbanization and the development of construction, in particular international construction, the concept of an international construction contract has not yet been formulated either in the convention order or in the legislation of countries. In the doctrine of private internati
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35

Vilkonis, Arvydas. "ANALYSIS OF PUBLIC PROCUREMENT FOR BUILDING CONTRACTS." Mokslas - Lietuvos ateitis 15 (March 16, 2023): 1–5. http://dx.doi.org/10.3846/mla.2023.16913.

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Rapidly rising prices of construction materials and machinery in the construction market are also pushing up the cost of construction service. The main problem is that construction investment projects have been prepared and contracts between Contractors and Customers have been concluded at previous price and it is therefore necessary to look for opportunities to index the price of the construction contracts. The aim of the study is to analyse the procurement documents for construction contracts published on the Central Public Procurement Portal between 2019 and 2021. The analysis focuses on th
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Jagannathan, Murali, and Venkata Santosh Kumar Delhi. "Perceptions of Stakeholders on the ‘Redraftability’ of Construction Contracts." IIM Kozhikode Society & Management Review 9, no. 2 (2020): 152–61. http://dx.doi.org/10.1177/2277975219885285.

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Disputes in construction projects have become an integral part of the construction process. In addition to reducing their productivity, disputes create mistrust between the involved parties. A variety of reasons that contribute to the occurrence of disputes in construction projects have been discussed in the literature. One among them is the nature of the construction contract that exists between the parties. A review of the existing literature brings to the fore two schools of thought regarding the drafting of construction contracts. While the traditional school considers the contract as thos
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Marcenaro, Edoardo. "Energy Contracts at the Crossroad between Public Law and Private Law: The Relevance of Sustainability Objectives in International EPC Contracts." European Investment Law and Arbitration Review 2, Issue 1 (2017): 245–57. http://dx.doi.org/10.54648/eila2017011.

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In contrast with other types of contracts such as the sale of goods, international construction contracts or Engineering, Construction and Procurement contracts (commonly referred to as EPC contracts) are not governed by an international convention. Consequently, in most cases the EPC contract, further to an applicable law clause, refers to a set of general conditions of contract drafted by various international organisations. The present paper deals with the laws and regulations governing EPC contracts to be performed in different countries worldwide, as well as some aspects of the most recen
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Turnbull, C., W. Sher, and L. Tang. "How Can Blockchain Benefit Payment Systems in Smart Construction Contracts: A Brief Review." IOP Conference Series: Earth and Environmental Science 1101, no. 9 (2022): 092037. http://dx.doi.org/10.1088/1755-1315/1101/9/092037.

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Abstract Construction industry professionals suffer regularly from poor cash-flow which reflects non-payment or payment delays down the hierarchical chain. This issue is important as the construction industry has the highest rates of insolvency in Australia, the UK and many other countries. Payment conditions under current construction contracts have proven to be inefficient in delivering timely payments as human interference has control over processing claims. This paper investigated the status of contracts and contract law in Australia and the potential of smart contract technology in improv
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Dr. Abdul Aleem, Dr. Naseem Mahmood та Dr. Muhammad Nasir Mustafa. "عقدالمقاولۃ:مفھوم،خصائص وارکان فی ضوء الشریعۃ الاسلامیۃ". Al-Qamar 2, № 1 (2019): 29–42. https://doi.org/10.53762/arx59s28.

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Construction contracts are very important for the completion of important projects in contemporary world. This type of contract has not been discussed with this specific term while many other agreements and contracts have been discussed in detail in Sharīʻah literature. This article deals with the construction contract, its definition, characteristics and elements from Islamic Perspective. Its salient features and elements are specifically discusses in accordance with Islamic teachings. This research will help the contractors to make their contracts and work in this regard according to Islamic
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Nielsen, Lars-Henrik Kvist, Abiola Akanmu, and Chimay J. Anumba. "Comparative analysis of back-to-back subcontracts in the construction and telecommunications industries." Built Environment Project and Asset Management 5, no. 4 (2015): 446–60. http://dx.doi.org/10.1108/bepam-10-2013-0044.

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Purpose – “Back-to-back” contracts are widely used in the engineering and construction industry and are recently spreading into the telecommunication industry. In back-to-back contracts, the principals require the main contractors to assume majority of the liability in delivering a project and in turn, the main contractors try to allocate most of that liability to their subcontractors. The successful delivery of the projects hinges on how the contracts are drafted and risks are allocated between the parties involved. The purpose of this paper is to undertake a comparative analysis of “back-to-
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Podvezko, Valentinas, Sigitas Mitkus, and Eva Trinkūnienė. "COMPLEX EVALUATION OF CONTRACTS FOR CONSTRUCTION." JOURNAL OF CIVIL ENGINEERING AND MANAGEMENT 16, no. 2 (2010): 287–97. http://dx.doi.org/10.3846/jcem.2010.33.

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The effectiveness of construction processes largely depends on the effective contract preparation. To draw an effective contract for construction, the methods of assessment and comparison of these types of contract should be developed. In recent years, multicriteria methods have been widely used for evaluating various complex phenomena. The development of construction evaluation methods requires the analysis of construction technology and organization, as well as economic factors and legal aspects of contracting in construction. In the present investigation, the criteria describing contracts f
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Ustinovičius, Leonas, Algirdas Andruškevičius, Vladislavas Kutut, Robert Balcevič, and Arūnas Barvidas. "VERBAL ANALYSIS OF ENGINEERING AND CONSTRUCTIONAL SOLUTIONS." Technological and Economic Development of Economy 11, no. 3 (2005): 220–31. http://dx.doi.org/10.3846/13928619.2005.9637702.

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The construction contracts which meet the interests of all the sides involved are the core element of every successful constructural project. That is why the advise of how to sign the accurate and effective contract has growing importance. International construction contractors are often faced with the situation of working in unfamiliar construction environment. One potential source of risk is the contractual requirements embodied in the general conditions of contracts. Authors aim to analize construction contracts being used and to define their effectiveness using the method of verbal analysi
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Sigalov, Katharina, Xuling Ye, Markus König, et al. "Automated Payment and Contract Management in the Construction Industry by Integrating Building Information Modeling and Blockchain-Based Smart Contracts." Applied Sciences 11, no. 16 (2021): 7653. http://dx.doi.org/10.3390/app11167653.

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Construction projects usually involve signing various contracts with specific billing procedures. In practice, dealing with complex contract structures causes significant problems, especially with regard to timely payment and guaranteed cash flow. Furthermore, a lack of transparency leads to a loss of trust. As a result, late or non-payment is a common problem in the construction industry. This paper presents the concept of implementing smart contracts for automated, transparent, and traceable payment processing for construction projects. Automated billing is achieved by combining Building Inf
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Abdelghany, Ahmed. "Navigating the Complexity of Construction Contracts and the value of Blockchain Technology: A Systems Dynamics Perspective - Review Paper." International Journal of Automation and Digital Transformation 3, no. 1 (2024): 44–64. http://dx.doi.org/10.54878/ttj2p747.

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This paper examines the integration of systems thinking and blockchain technology in construction contract management. It addresses the complexities inherent in construction contracts, which are often exacerbated by issues in transparency, efficiency, and stakeholder collaboration. Systems thinking is applied to understand the dynamic interactions within contracts, while blockchain technology is explored as a solution for enhancing contract management, focusing on its capabilities for improving transparency, streamlining execution, and facilitating dispute resolution. The paper critically anal
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Chen, Lei. "Construction Project Contract Management and Risk Prevention Measures for Construction Contracts." Engineering Technology Trends 2, no. 2 (2024): 0. http://dx.doi.org/10.37155/2972-483x-0202-8.

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Budayan, Cenk, and Ozan Okudan. "Assessment of Barriers to the Implementation of Smart Contracts in Construction Projects—Evidence from Turkey." Buildings 13, no. 8 (2023): 2084. http://dx.doi.org/10.3390/buildings13082084.

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Despite their promising potential, the level of implementation of smart contracts is not at the desired level. To expedite the acceptance and deployment of smart contracts, the barriers to the implementation of smart contracts should be revealed. Past studies, however, do not provide a comprehensive theoretical basis due to several methodological drawbacks. Thus, this study aims to identify and assess the barriers to the implementation of smart contracts by considering the inherent characteristics of the construction industry. An in-depth literature review was initially conducted to extract al
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Djahuno, Mohammad Ramdhan. "Describing The Principle Of Balance In The Implementation Of The Construction Work Contract." Estudiante Law Journal 1, no. 3 (2019): 650–60. http://dx.doi.org/10.33756/eslaj.v1i3.13311.

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AbstractThis paper aims to analyze the principle of balance in the implementation of construction work contracts and to describe the factors that influence the implementation of the principle of balance in construction contracts not being implemented . Type Research used _ by researcher in compile article this is type Study normative . As for approach used _ in writing this are , among others; Approach legislation (Statue Approach ) and approach case (case approach). Analysis used _ in writing this is descriptive data analysis . Results in study this is , application principle balance in relat
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Thomas, H. Randolph. "Teaching Construction Contracts." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 1, no. 4 (2009): 165–68. http://dx.doi.org/10.1061/(asce)1943-4162(2009)1:4(165).

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Salem Hiyassat, Mohammed A. "Construction bid price evaluation." Canadian Journal of Civil Engineering 28, no. 2 (2001): 264–70. http://dx.doi.org/10.1139/l00-111.

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To overcome the disadvantages of the low bid price policy in open competitive contracts, many are advocating the average bid method for bid evaluation. However, as elucidated in this study, this method has some disadvantages. The purpose of this paper is to propose an alternate statistical procedure for bid evaluation. Such procedure applies simple statistical analysis to identify unrealistically low-priced bids, based on either the t-distribution or the normal distribution of a previously established database of similar bids. In this procedure, the ratio of a contractor's bid to owner cost es
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Kaggwa, Ssegawa Joseph, Ntshwene Keneilwe, and Kamaruddeen Ahmed Mohammed. "Experiences Encountered while Using Construction Contracts during Project Delivery in Botswana." Journal of Civil Engineering and Urbanism 14, no. 3s (2024): 172–81. https://doi.org/10.54203/jceu.2024.17.

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Various forms of contracts guide the construction project delivery processes across the world. To make procurement more accessible and faster, various institutions have developed what is known as standard forms of contracts (SFoC). These institutions believe that SFoCs could be used in an adopted or adapted mode to reduce the burden of writing contracts every time a project is procured. This article discusses the results of a study that investigated the effectiveness of identified SFoCs and the experiences encountered by key stakeholders in using the contracts during construction project deliv
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