the Algorithm for Forming Contract Claims of Employers and How to Deal with It in Non-Industrial Design and Build Contracts

Document Type : Original Article

Authors

1 Associate Professor of Project Management and construction, Faculty of Architecture, Tehran University,Tehran, Iran

2 Master of Project Management and Construction, Faculty of Architecture, Tehran University, Tehran,Iran

Abstract

nowadays, one of the biggest challenges in the construction industry is the occurrence of multiple claims in projects, which are a factor in creating disputes in the project. Therefore, managing these claims is a factor in reducing these disputes and thus a success for the legal-contractual part of the project. On the other hand, the design and build implementation system has helped to reduce construction claims due to the reduction of the main elements involved in the project; But it is always inevitable that a claim will occur in the project. Therefore, considering the success of employers in the construction industry to this type of system and its acceptance by contractors, and the importance of claims management in this type of projects, recognizing the contractual claims of employers and how to deal with it is one of the important issues that should be considered in the legal-contractual sector of Projects, employers and especially contractors.

Therefore, in this study, using previous research and with the help of expert opinions and study of 10 case studies, first, the contract claims of employers in non-industrial design contracts (EPC - Package 84) were examined and then 51 causes and 3 general origin of reasons were identified. Then, by examining the settlement methods provided in these contracts (employer request) and classifying them into 11 groups, the general algorithm of occurrence of contractual claims of employers was drawn and 51 reasons for claims were classified according to this algorithm. According to the obtained results, the employer's contractual demands from the claim are classified into 4 general categories: time, cost, and doing a specific (practical) work and termination.

Keywords

Main Subjects

References

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Journal of Structural and Construction Engineering
Volume 10, Issue 10 - Serial Number 75
January 2024
Pages 131-150

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History

  • Receive Date: 27 December 2022
  • Revise Date: 26 March 2023
  • Accept Date: 06 April 2023

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