CLAIMS AND SETTLEMENT IN ROAD PROJECT
DOI:
https://doi.org/10.33736/jcest.1430.2019Keywords:
Claims, dispute resolution, disputes, road projects, negotiationAbstract
Claims are becoming inevitable and unavoidable in modern projects involving new technology, specifications, and complexities. There are many reasons for claims, for instance time extension, machinery change, material deviation, manpower, price escalation, accidents on site, changes in design, etc., which result into disputes. Confusion also exists in adoption of dispute resolution techniques, such as arbitration, conciliation, mediation, dispute resolution board, etc. In this paper, various factors responsible for claims and dispute in road projects and their intensity have been identified. The results are implied through a survey of clients, contractors, and consultants involved in road projects. The work focuses on the predominant causes of dispute and the methodology adopted by stake holders for settlement of the same.
References
Manvendra Sinha and Dr. A.S. Wayal, 2015, Disputes Causation in Construction Projects, IOSR Journal Of Mechanical And Civil Engineering, ISSN:2278-1684.
Mohammed S, Hashem M Mehany, Neil Grigg, 2015, Causes of Road and Bridge Construction Claims : Analysis of Colorado Department of Transportation Projects, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, (ASCE), 7(2).
https://doi.org/10.1061/(ASCE)LA.1943-4170.0000162
A.A. Elziny, M.A.Mohamadien, H.M. Ibrahim, M.K.Abdel Fatteh, 2014, Application of Modern Methodologies to Settle Disputes in Construction Projects, IPASJ International Journal of Management (IIJM), Volume2, Issue12.
Nitin Chaphalkar, K.C. Iyer, 2014, Factors Influencing Decisions on Delay Claims in Construction Contracts For Indian Scenario, Australasian Journal of Construction Economics and Building, 14(1),pg 32-44.
https://doi.org/10.5130/AJCEB.v14i1.3766
Dhaval M Parikh, G .J Joshi, 2013, Modeling for Time Overrun Prediction Due to Disputes in Highway Projects in India, IMPACT: International Journal of Research in Engineering and Technology, Vol. 1.
Chabota Kaliba, Mundia Muya, Kanyuka Mumba, 2009, Cost Escalation and Schedule Delays in Road Construction Projects in Zambia, International Journal of Project Management, 27, pg 522-531.
https://doi.org/10.1016/j.ijproman.2008.07.003
Chaitanya Khekale, Nityanand Futane, 2001, Management of Claims and Disputes in Construction Industry, International Journal of Science and Research (IJSR) ,pg.848-856.
George F Jergeas, Frances T. Hartman, 1994, Contractors Construction- Claim Avoidance, Journal of Construction Engineering and Management, Vol.120, No.3.
https://doi.org/10.1061/(ASCE)0733-9364(1994)120:3(553)
Maitreesh Ghatak, Parikshit Ghosh, 2011, The Land Acquisition Bill: A Critique and a Proposal, Economic & Political Weekly, Vol xlvi, no 41.
Pavlos Inglesis, 2013, Quality of construction, http://www.qualityinconstruction.com/7-tips-for-proper-document-controlling-in-construction-site/
Cheri Hanes, CRIS, Daniel Tolman, 2015, Seven Ways Contractors Can Manage Cost Escalation Risk, http://xlcatlin.com/fast-fast-forward/articles/seven-ways-contractors-can-manage-cost-escalation-risk.
Samuel K. Ansah, 2011, Causes and Effects of Delayed Payments by Clients on Construction Projects in Ghana, Journal of Construction Project Management and Innovation, Vol. 1 (1): 27 -45.
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