Most Frequently Construction Projects Claims in Iraq: Causes and Types
Alaa Kharbat Shadhar
Civil Engineering Department Wasit University
The construction industry in Iraq is one of the important areas because now we need to develop and set up a lot of projects in the scope of services and infrastructure as well as establishment industrial projects advanced to support the Iraqi economy. Usually projects development and complexity becomes a companion to a lot of claims, so it became necessary for us study and diagnosis the most important claims faced projects in Iraq and identify which of more frequently and opening the way for researchers to develop appropriate solutions to those claims.
This research presents the results of the causes and types for construction claims in Iraq and its frequency by using a data from more 30 claims for a variety of Iraqi projects. The data were analyzed and the results of this analysis along with recommendations on how to reduce or prevent those claims.
Keywords: causes, claims, frequently, Iraq, projects.
المطالبات' 'الأكثر' 'تكراراً' 'في' 'مشاريع' 'التشييد' 'في' 'العراق': 'الأسباب' 'والانواع
علاء' 'خرباط' 'شذر
كلية' 'الهندسة'- 'جامعة' 'واسط
صناعة' 'البناء' 'والتشييد' 'في' 'العراق' 'هي' 'واحدة' 'من' 'المجالات' 'المهمة' 'بسبب' 'الحاجة' 'إلى' 'تطوير' 'وإنشاء' 'الكثير' 'من' 'المشاريع' 'في' 'نطاق' 'الخدمات' 'والبنية' 'التحتية' 'وكذلك' 'لتطوير' 'المشروعات' 'الصناعية' 'دعما' 'للاقتصاد' 'العراقي'. 'المشاريع' 'المتطورة' 'والمعقدة' 'تصبح' 'مصاحبة' 'لكثير' 'من' 'المطالبات،' 'لذلك' 'أصبح' 'من' 'الضروري' 'بالنسبة' 'لنا' 'دراسة' 'وتشخيص' 'أهم' 'المطالبات' 'التي' 'واجهتها' 'المشاريع' 'في' 'العراق' 'وتحديد' 'أيه' 'أكثر' 'تكرارا،' 'وفتح' 'المجال' 'أمام' 'الباحثين' 'لوضع' 'الحلول' 'المناسبة' 'لتلك' 'المطالبات' .
يقدم' 'هذا' 'البحث' 'نتائج' 'لأسباب' 'وأنواع' 'المطالبات' 'لمشاريع' 'البناء' 'في' 'العراق' 'وترددها' 'باستخدام' 'بيانات' 'من' 'أكثر' 'من' 30 'دعوى' 'لمجموعة' 'متنوعة' 'من' 'المشاريع' 'العراقية'. 'وقد' 'تم' 'تحليل' 'البيانات' 'ونتائج' 'هذا' 'التحليل' 'إلى' 'جانب' 'توصيات' 'بشأن' 'كيفية' 'خفض' 'او' 'منع' 'تلك' 'المطالبات'.
الكلمات' 'المفتاحية': 'الاسباب،' 'المطالبات،' 'تكراراً،' 'العراق،' 'المشاريع'.
Construction industry is complex and unique compared to other industries because it involves the impact of many participants in all trends. Therefore, any event or circumstance that impacts on the construction industry has the potential to affect the whole economy.
Disputes and claims are common due to the increasing complexity of the construction process. Owners used to transfer major obligations and all risks came from to contractors. These risks were including; financial crisis, work accidents, lowers labor productivity, adverse weather, shortage of materials and bad skilled labor, and unexpected site conditions. Thus, the construction contracts are becoming more complex.
Construction contracts are very often long and have complex documents. Consequently, disagreements or disputes can arise regarding contractual obligations or expectations. When one of the contracting parties feels that the other party is trying to escape from his obligations, this belief may push him to raise the claim, when they feel that they deserve financial and/or time compensation. Therefore, ‘Claims’ represent a legal form but do not establish an entitlement.
In Iraq, claims have become a repetitive phenomenon in the construction industry. Such phenomenon, if not managed efficiently, would hinder the success of many construction projects and thus slow down the wheel of development.
Usually the solution of problem of claims lies in the establishment of partnership between the owner and the contractor. The adversarial attitude that owners take while dealing with their contractors should be changed to that of teamwork. The contractor should be invited to work as a member of the owner’s team and an arm of the owner’s company in order to utilize the contractor’s strengths, identify deficiencies in the plans and specifications, and to help eliminate claims.
SCOPE OF THE STUDY
Information for 36 claims related to different construction projects in Iraq was collected. The data were collected from 61 different entities (26 contractors, 14 consultants, and 21 owners) for explain; see Fig. 1.
Based on their main area of specialty, the profiles of the 61 entities are shown in Table 1. The 61 owners and firms were asked to provide information related to types of projects and classified the claims according to main area of specialty see Fig. 2. The data for the 36 claims were mainly extracted from owners, consultants, and contractors’ claims database.
Owners and firms were asked to provide information related to types of claims, causes of claims, and frequency of each type by filling a questionnaire, in which they choose one of five possible options for the frequency of each type and cause of claims: (1) not frequent; (2) little frequent; (3) occasionally frequent; (4) frequent; and (5) most frequent. The Fig. 2 shown the Respondents area specialty.
The data collected represent various types of projects constructed over a period of around five years (from 2010 until 2014, inclusive). The types of projects include buildings, roads and highways, water and sewer lines, power plants, in addition to some sport building.
The effect level was assumed for each category of answer as explained in Table 1. This category of answer was assumed in order to facilitate the process of analyzing data results.
The arithmetic mean for answers calculated as follow
(Mean) = (total of number of iterations in the effect multiplied in the number of effect divided by the size of the sample).
The arithmetic mean is used in the analysis for each factor of the sectors and it is calculated as per Equation 1.
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