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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 correctly implement national regulations related to construction contracts, it is recommended to: revise the composition of construction contracts based on the advantages and disadvantages of construction contracts according to their type; specify the object of the contracts; specify the method for determining the value of the contract, taking into account possible cases of contractual price modification; establish clauses in the contracts regarding the settlement organization for the construction and installation works performed, either after the completion of all the works specified in the contract or at the completion of certain construction elements and types of works; establish clauses in the contracts allowing for modification of the initial construction contracts.
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Sigalov, Katharina, Xuling Ye, Markus König, Philipp Hagedorn, Florian Blum, Benedikt Severin, Michael Hettmer, Philipp Hückinghaus, Jens Wölkerling, and Dominik Groß. "Automated Payment and Contract Management in the Construction Industry by Integrating Building Information Modeling and Blockchain-Based Smart Contracts." Applied Sciences 11, no. 16 (August 20, 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 Information Modeling (BIM) approaches with blockchain-based smart contracts. Thereby, parts of traditional construction contracts are transferred to a smart contract. The smart contract is set up using digital BIM-based tender documents and contains all of the relevant data for financial transactions. Once the contracted construction work has been accepted by the client, payments can be made automatically via authorized financial institutions. This paper describes the framework, referred to as BIMcontracts, the container-based data exchange, and the digital contract management workflow. It discusses the industry-specific requirements for blockchain and data storage and explains which technical and software architectural decisions were made. A case study is used to demonstrate the current implementation of the concept.
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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 (October 18, 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 construction contract.Despite the international and narrowly focused nature of the FIDIC agreements, their application is also possible in the national projects of Russia with some reservations.The purpose of this article is to analyze Lex constructionis on the example of standard FIDIC con- tracts and the possibility of using FIDIC contracts in national projects in Russia.Materials and methods. The implementation of the research tasks was achieved on the basis of the study of theoretical and practical experience in the application of standard FIDIC construction contracts. The methodological basis of the study was the following methods: generalization, analysis, synthesis, induction, deduction, comparative legal analysis. The results of the study. The following tasks are solved in the work: an analysis of standard contracts and Russian legislation is carried out, their contradictions are revealed.Discussion and conclusions. The use of FIDIC model contracts without their adaptation to Russian law is not possible due to the existence of contradictions between the provisions of FIDIC model contracts and the mandatory rules of Russian law, arising from different approaches to the regulation of a construction contract - FIDIC model contracts are based on the doctrine of common law, while Russian law belongs to the Romano-Germanic legal family.
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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 (December 29, 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 in Iran. This study has been carried as a descriptive analytical one to examine and identify the nature, conditions (terms) and legal effects of pre-sold or pre-construction contracts and among the results of this study are that; the presale contract of construction (building) despite the fact that sales did not exist at the time of conclusion of the contract, can be considered as the same sale. The producing of ordered goods is the responsibility of artificial maker (manufacturer) and the made should be determined and death and time to deliver the goods must be determined. The determination of price also as determination of made is very important and must be delivered to the makers according to contract.
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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 the teleological approach, which makes it possible to consider the target orientation of a particular norm or contractual structure. Results: the study reveals contradictions in the legal regulation of mixed contracts; defines their constitutive features; determines the legal nature and legal regime; differentiates the mixed contract from the complicated contract, non-defined contract, and complex contract. Conclusions: the existing priority of individual regulation in the construction of the mixed contract is in logical contradiction with its features and with the prohibition against inclusion of elements of non-defined contracts in its content. It appears that this conflict can be overcome through establishing: a ban on changing the imperative norms that establish the rules of conduct in relation to defined contracts included in a mixed contract; a permission to exclude (not to change) the effect of imperative norms; a permission to use non-defined contracts in the construction of the mixed contract. A contract must be classified as mixed if there are two or more obligations included in it. Additional features are the object, the parties, and other characteristics that determine the contract type. The interest of the parties in a mixed contract should be focused on a single object. If there are different subjects focused on different objects, this is a complex agreement. If various elements of defined contracts are used in the construction, with the exception of the subject of the contract, the contract should be classified as complicated, not mixed. In a complicated contract, all additional (auxiliary) obligations ‘work’ to achieve the goal of the main one and are directly dependent on it. In a mixed contract, the structure is represented by two or more independent obligations that are equivalent. Complex contracts should be understood as such contracts that have a multiobject and multi-subject structure, whereas a mixed contract combines subjects and other contractual terms aimed at one object. In a complex contract, there should be no cross-regulation, each subject has its own object and is regulated by the rules that exist in the legislation for a certain type or kind of contract. This approach allows solving the problem of determining the priority of legal norms, which exists in the construction of the mixed contract.
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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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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 (November 24, 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 contracts in the construction industry. Further, interview sessions were arranged to collect data from the construction contract management experts. The research findings unveil that due to the self-executing attribute of smart contracts, the implementation of smart contracts could provide a better apportionment of risks in a contract. The study also finds that the challenges in implementing smart contracts are severe. For instance, the smart contract is irreversible and immutable and prone to human error. The study concludes that it is more suitable to apply and implement a smart contract to a short-term contract that is not subjected to variation. Furthermore, a smart contract can enhance the efficiency in managing the contracts, such as reducing time and managing the conflicts and disputes that arise during the contract duration. The developed implementation framework is significant for the construction personnel, especially those dealing with the contract administration. The implementation of smart contracts in construction could boost contract administration and management discipline via investment in this new technology.
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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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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 development from the survey and case study that carried out for Malaysian Public Works Department (PWD) -203A (Rev. 10/83) Contract Form. The model is based on the results on the survey and case study, but it designed to render a generic approach of clarifying process for other contracts. Data Flow Diagram (DFD) method was selected to illuminate the process flow as the method focuses on object perspective and appropriate for this development. Certain limitations and recommendations of the model were highlighted. Ultimately, the model renders a useful guideline for future contract drafting and an important insight on clarity approach in contract administration for dispute avoidance.
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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, no. 23 (December 27, 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 private law contracts, even with the presence of the state or a legal person as a party to the contracts, this does not change their legal nature as contracts of law. The private where the results of the following research study showed: 1- The failure of national legislation to address many of the problems arising from international contracts for building and construction, which are of a technical nature due to their rapid development that are unable to keep pace with those national legislations, thus enhancing the role of rapidly developing and modifying model contracts to ensure simulation of the practical reality of these new technical problems and to provide the best means. To solve it, we extracted from the research the following results. 2- Model contracts are not considered contracts in the strict legal sense as they do not include consent between two parties, but rather they are a pre- prepared contract formulation in printed form, so that it is ready for use by the parties to the contract, and it is not evidence except for the persons who agreed to the agreement to refer to it where the search was used The inductive approach to measuring and understanding its archeology, as it relied on reviewing previous literature and studies in explaining the legal implications, and the research recommendations came as follows: 1- Attaching special importance to drafting international contracts for building and construction, and entrusting this task to a team of legal, technical and economic experts who have the scientific and practical qualities that qualify them to do this task in the best way, so that the parties to these contracts can avoid or at least reduce the disputes arising from these contracts. 2- Preparation and drafting of a unified Arab contract as a model for concluding international contracts for building and construction, which is evident in the customs and habits of this industry derived from our contemporary reality and in line with the legal concepts prevailing in our Arab countries, so that they act as the actual guarantee on which every contractor from our Arab society depends.
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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 a contract on sale of the future residential house or apartment, as well as the relations between construction contracts, sales contracts and contracts on consumer independent work. The aims of the article – to raise problems related with qualification of construction contract and suggest the ways of solving of them.
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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 (September 1, 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 use, causes and benefits of contract conversion. The lump sum and the unit price are the most dominant type of contracts. Owners who select the former convert them during construction to unit price contracts leading to considerable benefits to contract parties including successful project completion with negligible disputes and better relationship. Owners are advised to include a clause in the construction contract to give them the privilege, not the obligation to convert the contract from one type to another.
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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 (June 29, 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? And also what's the difference between compensation basic conditions in construction contracts in Iran and Britain law? In Iranian law, compensation practices in construction contracts is implementation of the same commitment in the first place and the compensation is in case that it is explicitly foreseen in the contract; while compensation is existed in the British legal system compensation practices in construction contracts; While compensation is existed in the British legal system compensation practices of construction contracts and there is not a concept as implementation of the same commitment as one of the compensation practices. Compensation may be stipulated in the contract in the Iran's law or customs or law requires compensation, in British law also, compensation does not require to be stipulated in the contract.
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NguyenPham, QuynhHuong. "Construction Contract Management: Policy Mechanisms and Influencing Factors." Global Academic Journal of Economics and Business 6, no. 02 (March 29, 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 mechanisms in construction contract management and identify factors affecting construction contract management, and some inadequacies in construction contract management, from there, propose some solutions to improve construction contract management according to Vietnam’s law.
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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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Mitkus, Sigitas, and Eva Trinkūnienė. "ANALYSIS OF CRITERIA SYSTEM MODEL FOR CONSTRUCTION CONTRACT EVALUATION." Technological and Economic Development of Economy 13, no. 3 (September 30, 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 of a construction contract must be also analysed in order to create such techniques. Therefore legal decision‐making systems are also reviewed in the article. A conclusion can be made from the review that decision‐making systems for construction contracts are not available currently. One of the main tasks in the creation of multicriteria support systems is the formation of a multicriteria indicator system. In this paper the structure of construction contracts are analysed and a hierarchical model of a construction contract is presented. Construction contracts have to be made evaluated and compared to this model. On the basis of this model, significance of indicators should be determined and a multicriteria decision support system should be created in further research stages.
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Gilbert, Ahereza. "Effects of Construction Contracts on Performance: The Case of Construction Firms in Kampala, Uganda." International Journal of Research and Scientific Innovation XI, no. IV (2024): 609–30. http://dx.doi.org/10.51244/ijrsi.2024.1104046.
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The study aimed to investigate the influence of construction contracts on the overall performance of selected construction firms in Kampala district. Specifically, it sought to assess the impact of formally contracting personnel, evaluate the effect of special contract conditions, and examine the role of surety bonds on firm performance within the construction industry. A descriptive design utilizing quantitative methods was utilized. The study utilized purposive and random sampling techniques to select relevant respondents from various positions within construction firms, ensuring a comprehensive analysis of the subject matter. A sample size of 76 respondents was involved in the study. Data collection was facilitated through a structured questionnaire comprising Likert scale type questions, piloted to ensure relevance and logical flow. The study achieved an 88.3% response rate, with 80 questionnaires returned and analyzed. The study found that there exist a significant controlling effect on the relationship between (i) contracted (temporary) personnel and performance of construction firms (r=0.778, p=0.000), (ii) special conditions of contract and performance of construction firms (r=892, p=0.000) and (iii) surety bonds and performance of construction firms (r=0.830, p=0.000). Analysis of performance indicators highlighted the importance of factors such as adherence to construction codes, client satisfaction, and innovative practices in determining firm success. In conclusion, the study underscored the critical role of construction contracts in shaping the performance of construction firms in Kampala district. To optimize firm performance, it is recommended that firms prioritize the recruitment and retention of skilled personnel, adhere meticulously to construction contracts, and leverage surety bonds for risk mitigation. These findings provide valuable insights for construction industry stakeholders, guiding strategic decision-making to enhance operational efficiency and project outcomes.
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Hanak, Tomas, and Jana Korytarova. "Procurement management in construction: study of Czech municipalities." Open Engineering 9, no. 1 (June 19, 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 basis of available internal municipal directives that govern the procurement process. The results show that a majority of municipalities use internal directives and specify financial categories for small-scale public contracts. It has also been found that the majority of municipalities contract external consulting companies for specific contracts or subsidised public contracts. Directives usually concern the issue of responsibility and the approval procedure related to the public contract. Based on the research findings, general recommendations for awarding public contracts have been formulated. These findings can potentially contribute to the dissemination of best practices among contracting authorities in the Czech Republic.
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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 (March 30, 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 its implementing regulations determines the procedures and conditions before the contract is made, including the form and content of the construction work contract, by determining the standard at a minimum, the contents of a construction service work contract that must be included in the construction work agreement by the parties. Since the construction work contract is a contract with mandatory conditions, the construction work contract is a formal agreement. This is if the construction work contract is made without paying attention to the provisions of laws and regulations in the field of construction services, both regarding the qualification requirements of a construction service provider, the procedure for selecting a service provider and the form and content of the construction service contract that has been determined by the law. As a juridical consequence, if the formal conditions are not fulfilled in a contract concerned, it is not legally enforceable or in other words it is a null and void contract (nietig, null and void).
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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 (March 30, 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 its implementing regulations determines the procedures and conditions before the contract is made, including the form and content of the construction work contract, by determining the standard at a minimum, the contents of a construction service work contract that must be included in the construction work agreement by the parties. Since the construction work contract is a contract with mandatory conditions, the construction work contract is a formal agreement. This is if the construction work contract is made without paying attention to the provisions of laws and regulations in the field of construction services, both regarding the qualification requirements of a construction service provider, the procedure for selecting a service provider and the form and content of the construction service contract that has been determined by the law. As a juridical consequence, if the formal conditions are not fulfilled in a contract concerned, it is not legally enforceable or in other words it is a null and void contract (nietig, null and void).
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Goddard, I. A. "ESSENCE AND LEGAL NATURE OF THE CROSS-BORDER CONSTRUCTION CONTRACT." Proceedings of the Southwest State University 22, no. 3 (June 28, 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 national sources of law, types of regulation at conventional and national levels and comes to the conclusion that the conventional and national sources of law are closely interconnected. Private international law; standard form contracts; construction contract; lex mercatoria; construction activity regulation, international convention, conventional regulation, conflict of laws, foreign trade transactions, standard contracts; contract, building contract; lex mercatoria; regulation of construction activities.
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Kirsanov, A. N., and A. V. Korablin. "Types, characteristics and features of model FIDIC contracts." Journal of Law and Administration 17, no. 4 (February 21, 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 was formed by the method of system-structural analysis.The results of the study. The article discusses the forms of FIDIC construction contracts, their features, the reasons for their emergence and distribution in international construction.Discussion and conclusions. The study showed that FIDIC model contracts are an effective universal mechanism for regulating legal relations arising from international construction projects and allow minimizing the impact of local legislation on international construction projects in which residents of different states can take part.
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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 (August 3, 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/methodology/approach – An original method of analysis of the conversion of contract terms within projects is given, along with discussion on the risk transfer between owner and contractor, the common law issues associated with implementing such conversions, any compensation that the owner might need to pay, the timing of the conversion and associated practical implementation issues. The paper, for definiteness, concentrates on construction contracts with conversion between payment types, but the paper’s approach applies to all contracts and all terms within contracts. Findings – The paper provides a readily usable method for analysing the value of having a convertible contract, couched within acceptable common law practice. Practical implications – The paper offers a novel method and framework usable by practitioners for establishing the value of convertibility within a contract. Having convertibility within a contract can be shown to offer benefits to both contracting parties. Originality/value – The idea of having flexible contracts is not new, but, hitherto, a rational method of analysing their value has been missing. This paper gives an original analysis of contracts with conversion capabilities. Current literature does not deal directly with the matter addressed in the paper.
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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 (June 26, 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 the analysis of sources governing the construction contract; and idetifes concepts for the regulation of construction contracts.Discussion and conclusions. The study showed that countries of Romano-Germanic and Anglo-Saxon legal families have different approaches to the regulation of construction contracts, i.e. the application of a Romano-Germanic legal family or a precedent-oriented Anglo-Saxon legal family should be taken into account when entering into an international construction contract.
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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 (December 29, 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 general conditions of FIDIC (International Federation of Consulting Engineers) contracts, Iranian Organization of Management and Planning and Principles of European Law on Service Contracts.
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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 subjects of contracts are analyzed. The structure of contracts in construction, based on the cash flow of the project, is proposed. Allocated 6 groups of contracts: agreements concluded by the investor; contracts concluded by the developer, employer; contract agreements; contracts for the supply of goods and the provision of services; collective and individual labor contracts. The main features of each group of agreements and the functions of the subjects of agreements in Russia and abroad are considered. It is shown that, as part of the theory of project management, it is relevant and expedient to develop a section on the structure of contracts, planning a contract campaign and support for a complex of project contracts. It is proposed to develop contracts and think through the contractual terms of the project agreed, under the leadership of the project management team.
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Fayze Elharche, Ahmed. "Regulating the building of contracts in the Islamic economy." Finance and Business Economies Review 4, no. 2 (June 30, 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 their negative role in economic activity, and the study showed the wisdom of preventing some contracts and other legislation because of the achievement of the interests of the contractors and an affirmation of the purposes of the Sharia.
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Pohl, Tomáš, and Miroslav Sedláček. "Stavba jako předmět díla v občanském zákoníku." AUC IURIDICA 68, no. 2 (June 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 on construction as an object of the work, including related issues, as well as on the legal regulation of works with intangible results.
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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 (June 30, 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 for construction from various perspectives are determined based on the estimates elicited from experts. The weights of nine criteria used in complex evaluation of construction contracts are determined based on the use of the AHP method. The consistency of expert estimates is also assessed. Using multicriteria evaluation methods, construction contracts are compared and the best alternative is determined. Santrauka Didele reikšme statybos proceso efektyvumui turi tinkamas statybos rangos sutarties sudarymas. Siekiant sudaryti efektyvias statybos rangos sutartis, reikia sukurti rangos sutarčiu ivertinimo ir palyginimo metodikas. Pastaruoju metu sudetingiems procesams vertinti plačiai taikomi daugiakriteriniai vertinimo metodai. Ju vertinimas priklauso nuo rodikliu, charakterizuojančiu procesa, ir ju reikšmingumo. Siekiant parengti statybos vertinimo metodikas, reikia išnagrineti ne tik techninius, organizacinius, ekonominius, bet ir teisinius statybos rangos sutarties aspektus. Taikant ekspertu vertinimus, buvo nustatyti rodikliai, charakterizuojantys statybos rangos sutarties turini. Kompleksiškai ivertinant statybos rangos sutartis AHP metodu nustatyti devyniu rodikliu svoriai, ivertintas ekspertu nuomoniu suderinamumas. Taikant daugia‐kriterinius metodus tarpusavyje palygintos statybos rangos sutartys ir nustatytas geriausias variantas.
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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 (March 7, 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 those documents that contain inherent incompleteness and hence prone to disputes, the liberal school believes that construction contracts can be drafted in an efficient manner to prevent disputes. In this exploratory research, we conducted semi-structured open-ended interviews with experts in contractual decision making and contract drafting in construction organizations to understand their perspective on contract drafting/redrafting process and to classify them under the respective school of thought. The study reveals some interesting insights about the perceptions and motivations of the contract drafters and the senior management of construction organizations in India, when it comes to drafting dispute-free equitable contract documents. We believe that the findings of our study will pave the way for further research in drafting efficient construction contracts that can be practicable and dispute-resistant in the Indian context.
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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 the pricing selection and price conversion options for public procurement documents for construction contract works. The economic and global geopolitical situation in the construction sector is reviewed. The critical situation in the construction sector due to the drastic increase in the cost of construction materials creates a risk that some contractors may not be able to complete their works in accordance with the signed construction contract. The essence of the article is to propose to the contracting authorities, following an analysis of the procurement documents for construction contracts, solutions to the problem by adding conditions to the procurement documents which will help to minimise the possibility of disputes between the contractors and the client.
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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 (March 21, 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 maintenance services were added to the contract throughout the warranty period of the contract. To reduce the cost of operating the facility, a private partner has the motivation to apply modern and effective solutions at the design stage. The forms directly related to construction are considered in more detail. On the basis of foreign experience, contractor relations in Russia and the possibility of applying contracts based on foreign forms were evaluated. The most significant are the following forms: Design-Construction, Construction-Operation-Transfer, Construction-Transfer-Operation, Property-Operation-Transfer, Construction-Property-Operation, Design-Finance-Construction-Operation, Construction-Rent-Transfer-Maintenance, Rent-Repair-Operation-Transfer. In the Russian practice, contractual relations are based on the separation of the forms “Design” and “Construction”, while the outdated form in the developed foreign countries “Design-Construction” is considered progressive in the domestic economy. For the development of the construction industry, it is necessary not only to consider the classification of PPP forms, but also to provide for the possibility of using the evolutionary development of contractual relations that have passed in foreign practice and the possibility of using them in the Russian economy.
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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 (January 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 recent trends in the resolution of disputes related thereto. It aims to evaluate how the discipline of sustainability may impact on the negotiation, drafting and performance of EPC contracts as well as on the management and solution of disputes arising therefrom.
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Thomas, H. Randolph. "Teaching Construction Contracts." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 1, no. 4 (November 2009): 165–68. http://dx.doi.org/10.1061/(asce)1943-4162(2009)1:4(165).
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Murodjonova, Mokhirakhon, and Dilfuza Imamova. "THE CONCEPT OF AN INTERNATIONAL CONSTRUCTION CONTRACT." Review of Law Sciences 7, no. 2 (June 26, 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 international law, the opinions of scientists differ in the formation of this concept. However, against the backdrop of the development of international construction, it is worth formulating the concept of an international construction contract, both in the doctrine and in the legislation of the country, for the further development of this industry. The information in the article is based on the opinions of domestic and foreign scientists, as well as the legislation of various countries. The formation of the concept of an international construction contract opens the way not only for the development of the scientific component of construction law but also creates fertile ground for the proper resolution of disputes arising from international construction contracts and the improvement of construction law.
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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 (September 7, 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-back” subcontracts in the telecommunication and construction industries. Design/methodology/approach – By examining contracting practices and texts from contract documents for the telecommunication and construction industries, this paper reveals how certain aspects of “back-to-back” contracts lose their meaning when seen out of context. Using comparative research method, this paper discusses reasons why the adoption of “back-to-back” contracts should be a matter of degree, based on the business strategy and relevance to the intended transactions rather than on the typical model of “back-to-back” contracts. Findings – Good contracting practices should be such as to enable parties negotiate the contract terms to ensure clarity and common understanding before commencing the project. Construction universally adopts back-to-back even for minor straightforward works, an approach supported by readily available industry model contracts as well as the traditional tender process (design before construction). In telecoms, back-to-back is mainly desired where the subcontractor has a major part of the scope, whereas minor subcontractor scope is considered “leverage commodity” where suppliers are engaged using in-house contract templates, often in a frame contract arrangement, to satisfy corporate strategies for supplier management and pricing. Originality/value – This paper provides value by presenting an insightful review of the nature of back-to-back contracting practices in the telecommunication and construction industries. The paper outlines advantages, disadvantages and opportunities for improving “back-to-back” contracting practices in the telecommunication and construction industries.
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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 (November 1, 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 improving payment issues in the industry. Qualitative data was collected from secondary literature sources which included observations from industry professionals, real case studies, secondary research and government surveys. It was found that smart contracts feature self-executing digital contracts, immutable data, require no intermediaries and provide transparency on all levels. Although these features are fit for purpose in resolving current contractual issues, smart contracts are not yet available in the construction industry. It was also found that smart contracts do have the potential to provide a trusted and reliable payment system in the construction industry, although there are some aspects it is unlikely to replace such as human performance. Research limitations and future research directions are also provided.
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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 (September 30, 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 analysis.
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Пастухова, Л. Р. "The system of state contracts in construction." Экономика и предпринимательство, no. 3(116) (May 15, 2020): 119–22. http://dx.doi.org/10.34925/eip.2020.116.3.022.
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В статье произведен анализ системы государственных контрактов в строитель стве. Внесение изменений в проект публичного контракта, являющийся обязательным требованием к документации аукционов или к опубликованию соответствия требованиям согласования, влечет ад министративную ответственность в отношении должностных лиц государственного покупателя. Государственный контракт также устанавливает обязательное требование к порядку приемки ра бот, с тем чтобы соответствовать его объему и качеству условиям, предусмотренным в этом дого воре, что способствует эффективному и своевременному исполнению государственных контрактов. The article analyzes the system of government contracts in construction. Amending the draft public contract, which is a mandatory requirement for documentation of auctions or for publication of compliance with the approval requirements, entails administrative liability for officials of the state buyer. The state contract also establishes a mandatory requirement for the procedure for acceptance of work in order to comply with its volume and quality with the conditions provided for in this contract, which contributes to the effective and timely execution of state contracts.
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Salem Hiyassat, Mohammed A. "Construction bid price evaluation." Canadian Journal of Civil Engineering 28, no. 2 (April 1, 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 estimate is used to eliminate the distorting effect of the project size. The unrealistically low-priced contracts are then excluded and the bid with the lowest price among the remaining bids is accepted. The procedure requires establishing a database of previous bids.Key words: bid evaluation, competitive bidding, contractor qualification, tender evaluation, contract administration, contract management, bid management.
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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 (February 29, 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 analyzes the potential benefits and challenges of blockchain implementation in construction, including technological complexities, regulatory uncertainties, and industry adoption barriers. Through a synthesis of current literature and case studies, the paper highlights the transformative potential of combining systems thinking and blockchain in construction contracts, offering insights into future research directions and technological advancements needed for effective integration. This approach promises a more efficient, transparent, and collaborative future in construction contract management, aligning with the industry’s evolving needs in an era of rapid technological change.
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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 (August 17, 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 all barriers proposed in the literature. Then, focus group discussion (FGD) sessions were conducted with the participation of the construction practitioners. In the FGD session, the results of the literature review were validated, and nine additional barriers were proposed. Finally, a total of 20 barriers under five categories was proposed for the smart contract adoption in the construction industry. Then, a questionnaire survey was conducted with the participation of 15 construction practitioners. Lastly, fuzzy VIKOR analysis was performed to assess the criticality of the implementation barriers. This study indicates that the construction companies should overcome not only technical barriers but also managerial barriers. Changes in the processes arisen due to smart contract implementation prevent the construction from implementing a smart contract, since the employees show resistance to these changes. Furthermore, the companies believe that they can lose their bargaining power with smart contracts, and they do not want to lose their power. Bottlenecks are considered the most critical barrier from a technological perspective, and companies are concerned about the problems resulting from them. Although this study provides insights into the barriers to smart contracts in the construction industry, all the respondents are from Turkey. Therefore, some of the findings of this study can be specific to the Turkish construction industry.
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Lederer, Lukáš, Helena Ellingerová, Silvia Ďubek, Jozef Bočkaj, and Marek Ďubek. "Construction Price Forecasting Models in the Construction Industry: A Comparative Analysis." Buildings 14, no. 5 (May 8, 2024): 1325. http://dx.doi.org/10.3390/buildings14051325.
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Construction prices rose rapidly during 2020 and 2021, making it almost impossible for contractors to adhere to agreed contract prices. For this reason, there was a request from contractors to adjust the contract price after signing a contract for work. During the implementation of the construction contracts, they were unable to comply with the fixed contract price. Forecasting the development of price indices could solve this problem by creating a reserve that would limit the adjustment of the contract price and the contractors’ withdrawal from the contracts. The forecast could be enshrined in the contractual conditions before the start of construction, which would eliminate the risk of changing the agreed contract price for the investor and the possible occurrence of additional work. Data from statistical offices were used to create the price index forecast. In this article, four methods were used in the search for a more accurate forecast: regression analysis, exponential smoothing, the naïve method, and the Autoregressive Integrated Moving Average (ARIMA) model. From these methods, the most appropriate method was selected by multi-criteria decision-making, which was subsequently verified with actual published price index data. The main goals of this study are to determine the most suitable prognostic method for forecasting the development of the prices of construction materials and work and then comparing the forecasted data with the actual published data of statistical offices in the countries of Central Europe.
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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 (September 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 relationship _ industry service The construction contract has been clearly regulated in relation to the construction contract agreement, one of the strengthening principles in the construction contract lies in the principle of balance, which requires both parties to fulfill and carry out the agreement. Creditors have the power to demand achievements and if necessary, they can pay off achievements through the debtor's wealth. However, the debtor also bears the obligation to carry out the agreement in good faith. The factors that influence the implementation of the principle of balance in the construction contract as seen from the results of the decision (jurisprudence ) include: The lack of knowledge of the parties regarding the principle of balance or the principle of construction contracts as regulated by Article 3 of Law Number 2 of 2017 concerning construction contract services, the existence of interests, the quality of the substance of the contract made, communication of the parties, the contract administration system, and the contents of the contract which is not in accordance with the implementation.Keywords: Principle of Balance; Employment contract; Construction
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Abd Ali, Raid Saleem, and Nooran kanaan Yassin. "Statistical Evaluation for claims and disputes in construction contracts." Wasit Journal of Engineering Sciences 5, no. 2 (May 14, 2017): 80–96. http://dx.doi.org/10.31185/ejuow.vol5.iss2.61.
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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.
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Jackson, David H., and Robert Loveless. "Predicting Forest Road and Bridge Construction Costs." Western Journal of Applied Forestry 1, no. 3 (July 1, 1986): 76–79. http://dx.doi.org/10.1093/wjaf/1.3.76.
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Abstract Using market-transactions evidence revealed by transportation project contracts, the authors develop forest road and bridge cost equations. The "quality" variable for bridge contracts is bridge size. In the case of roads, the amount of excavation, clearing and grubbing, haul, culverts and surfacing (aggregate) all explain variation in winning contract bids. The resulting equations should be useful in transportation planning as well as in timber-bidding studies. West. J. Appl. For. 1:76-79, July 1986.
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Mahmoudi, Amin, Mehdi Abbasi, Xiaopeng Deng, Muhammad Ikram, and Salman Yeganeh. "A novel model for risk management of outsourced construction projects using decision-making methods: a case study." Grey Systems: Theory and Application 10, no. 2 (April 6, 2020): 97–123. http://dx.doi.org/10.1108/gs-09-2019-0038.
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PurposeSelecting a suitable contract to outsource construction projects is an ongoing concern for project managers and organizational directors. This study aims to propose a comprehensive model to manage the risks of outsourced construction project contracts.Design/methodology/approachTo employ the proposed model, firstly, the types of contracts and risks in the organization should be identified, then, to prioritize the contracts, the identified risks are considered as criteria. After receiving the experts' opinions, the best–worst method (BWM) integrated with grey relation analysis (GRA) method was used to prioritize the contracts. BWM and GRA are multi-criteria decision-making methods with different approaches and applications. In the current study, BWM has been employed to calculate the weights of criteria because it has better performance than other methods such as the analytic hierarchy process (AHP). After calculating the weights of criteria, the GRA method has been utilized for ranking the alternatives.FindingsAccording to the results obtained from the case study, the cost plus award fee contract is the most suitable alternative for outsourcing construction projects. The proposed methodology can be practically applied through different types of the projects such as construction or “engineering, procurement and construction”.Originality/valueTo the best of our knowledge, this is the first time a conceptual model has been proposed to select an appropriate contract for construction projects. Also, for the first time, the BWM integrated with GRA method has been used to prioritize project contracts based on the potential risks. The proposed model can contribute to project managers for selecting a suitable contract with the least risk in construction projects.
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Mills, Peter, and H. A. (Burt) Tasaico. "Forecasting Payments Made under Construction Contracts." Transportation Research Record: Journal of the Transportation Research Board 1907, no. 1 (January 2005): 25–33. http://dx.doi.org/10.1177/0361198105190700104.
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Staff at the North Carolina Department of Transportation (NCDOT) have close control over each highway construction project until the construction contract is let; thereafter, the contractor manages the pace of work, which dictates the flow of payments. These payments make up about one-third of all NCDOT expenditures, so reliable forecasts are important in programming and in cash management. With no other means to predict the pace of construction through the duration of the contract, NCDOT must rely on statistical analyses of past payments to forecast future payments to contractors. Dye Management Group, Inc., which was retained by NCDOT to implement cash management strategies at the department, designed two statistical models of payments to contractors: the first to estimate payments on individual contracts, or the “payout curve,” and the second to estimate total payments made under all contracts in a month. The parameters in both models were initially estimated with data from 4,128 payments made under 336 highway construction contracts completed between August 2000 and June 2002. The first model achieved an adjusted R2 of .93. Although it was useful to engineers in managing individual projects, the model required awkward specifications of seasonal effects to forecast aggregate cash flows. Seasonality was simply accommodated in the second model, which achieved an adjusted R2 of .92. Dye Management Group and NCDOT have operated the second model for more than 2 years and, with a database that has grown to more than 11,000 monthly payments, have consistently achieved mean absolute percentages of error under 10%.
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Sümer, Levent, and David Arditi. "Turkish building construction contracts vs. FIDIC contracts." Journal of Construction Engineering, Management & Innovation 5, no. 2 (June 30, 2022): 107–18. http://dx.doi.org/10.31462/jcemi.2022.02107118.
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Tetuko, Bondan Bayu. "THE IMPLICATIONS OF THE EXISTENCE OF THE ALLEGED CRIMINAL ACTS OF CORRUPTION TOWARDS THE IMPLEMENTATION OF THE CONSTRUCTION CONTRACT." Hang Tuah Law Journal 2, no. 2 (October 31, 2018): 146. http://dx.doi.org/10.30649/htlj.v2i2.66.
Full textAbstract:
<p>Construction contracts are civil relations, and is an agreement, principle principle in Book III Civil Code, and in construction contracts are generally used for the achievement of common goals. Fulfilling the needs of goods and services is an important part of governance, In connection with this the emergence of negative implications on the problem of the neglect of construction services in the process constrained indications of corruption. Contract cancellation stage in legal doctrine in Indonesia is only limited to contract and pre contract phase but also possible in the implementation phase by considering the principle of presumption of innocence as well as the principle of legal certainty, the implementation of construction contracts should proceed accordingly without having to override the legal process that runs from parties that are indicated to be corrupt. In the event that the construction contract is carried out in accordance with the basic principles of government procurement of goods / services that are efficient, effective, open and competitive, transparent, fair and accountable, in order to achieve development goals equally and in accordance with the mandate of the constitution of the Republic of Indonesia.</p>