建筑业纠纷:业主和承包商对原因和补救的看法

Q2 Business, Management and Accounting Journal of Engineering Project and Production Management Pub Date : 2020-09-08 DOI:10.2478/jeppm-2021-0005
A. Shash, S. I. Habash
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引用次数: 6

摘要

摘要建筑业因其复杂性、竞争环境和复杂的工程文件而容易发生冲突和纠纷。在这种复杂的环境中,来自不同职业的成员,每个人都有自己的目标和愿望,以确保自己的最大利益,共同努力建立一个结构。本研究的目的是调查沙特阿拉伯中央省争端的频率、原因和补救措施。所需数据是通过问卷调查从位于中部省的130名承包商和54名业主那里收集的。这项研究表明,沙特建筑业的纠纷是不可避免的,每月发生的频率超过两起。项目文件、业主和承包商在某种程度上是此类争议的来源。项目文件编制不善,规范不准确,合同措辞含糊不清,项目文件之间存在矛盾,项目工期不切实际,工程量清单不准确,以及合同语言薄弱。业主通过超出允许范围的大量变更单、更改工程量清单中的项目描述和数量、干扰合同执行以及延迟对所需信息/批准的响应,引发巨大争议。承包商因合同管理不善而引发纠纷。承包商遵循一种综合策略(缓解争议和仅控制有争议的工作区域),业主要么缓解争议,要么控制有争议范围。政府业主大多会减轻争议,相反,私人业主则持有有争议的范围,并继续进行项目的其余部分。据信,这项研究通过提供有效的缓解技术,帮助承包商和业主最大限度地减少纠纷的负面影响,有助于提高当前对纠纷、承包商和业主的认识。
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Disputes in Construction Industry: Owners and Contractors’ Views on Causes and Remedies
Abstract The construction industry is prone to conflicts and disputes due to complexity, competitive environment, and complicated project documents. In this complex environment, members from various professions, each has their goals and desires to secure the most of his own benefits, work together to build a structure. The objectives of this study were to investigate the frequency, causes, and remedies of disputes in the Central Province of Saudi Arabia. The required data were collected, through a questionnaire survey, from 130 contractors and 54 owners located in the Central Province. This study reveals that disputes in the Saudi construction industry are inevitable with a frequency of occurrence exceeds two disputes per month. Project documents, owners, and contractors to some extent are the sources for such disputes. Project documents are poorly prepared with inaccurate specifications, ambiguity in contract wording, contradictions between project documents, unrealistic project duration, the inaccurate bell of quantities (BOQ), and weakness in contract language. Owners cause great disputes through sizable variation orders exceeding allowable limits, changing item descriptions and quantities in BOQ, interfering in the execution of the contract, and delaying responses to requested information/approvals. Contractors cause disputes through poor contract administration. Contractors follow a combined strategy (mitigating disputes and holding only the disputed work area only) and owners either mitigate disputes or hold disputed scopes. Government owners mostly mitigating disputes and, conversely, private owners hold the disputed scope and continue with the rest of the project. This study is believed to contribute to the current body of knowledge in disputes and contractors and owners by providing effective mitigation techniques that will assist them in minimizing the negative impacts of disputes.
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来源期刊
Journal of Engineering Project and Production Management
Journal of Engineering Project and Production Management Business, Management and Accounting-Business, Management and Accounting (miscellaneous)
CiteScore
2.30
自引率
0.00%
发文量
24
审稿时长
30 weeks
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