Quantification and Analysis of Construction Claims By Anania Mbabazi: Univ. of Waterloo – Y2004:
This study recommends a dependable and precise method to quantify and analyze construction claims. The qualified occurrence of the leading claim causes is estimated at; defective contract documents (27%), differing site conditions (15%), work changes (15%), and weather (3%).
By means of a wide-range literature review and analysis of 100 court cases, factors affecting legal responsibility for these claim causes are recognized. A resolution support tool that uses a set of decision rules is established to evaluate legal responsibility for a claim event.
Development of Delays Claims Assessment Model by Sasan Golnaraghi Y2012: Building Engineering) at Concordia University :
This research presents a new innovative efficient delay analysis technique that is proficient of assessing concurrent delays while considering the critical path of the project. The advanced technique precisely apportions delays between the different project parties. The technique is tested against a theoretical case to highlight its benefits and restrictions, in comparison to existing delay analysis procedures. In support of the proposed technique, a robust proficient structure is intended to categorize the different kinds of delays, as well as to offer commendations on delays or delaying events. The proficient structure and the proposed delay analysis technique are unified with a scheduling software which accesses to a project database. Similarly, an embedded feature of calculating associated costs heightens the proficiency of the structure. The established structure assist the analyst in reducing the time and cost associated with delay claim preparation in a systematic approach. Lastly, the consistency of the integrated structure is validated through a factual event.
Integrated Forensic Delay Analysis Framework for Construction Projects: Time and Cost Perspectives-Building Engineering at Concordia University – Y2011:
From the standpoint of the examiner, There is a necessity for an integrated framework that develops the certification of progress data, and that processes forensic schedule analysis and impact quantification in a more timely, precise, and economical manner. There is also a need to integrate the forensic schedule analysis function with the more botanically performed scheduling and monitoring functions. Based on this perception, the present research presents an integrated framework for progress data documentation, forensic schedule analysis, and damage quantification.
Process Model for Administrating Construction Claims M. Asem U. Abdul-Malak- Y2002:
The paper presents a claims-management process that could be used by all parties involved in construction. The process recognizes the major information gathering and decision-making milestones as well as the notice and substantiation compliance checkpoints, which are critical to the development of defense arguments as claims are addressed. It further emphasizes the use of tools such as simulation, scheduling, productivity, and economic analysis and supplementary modeling techniques in judging the level of validation and fairness of submitted claims.
Approaches to Delay Claims Assessment Employed in the UK Construction Industry: Nuhu Braimah School of Engineering and Design, Brunel University, Uxbridge 2013
This paper reports on practitioners’ observations on the delay analysis approach based on a UK nationwide questionnaire survey of construction and consulting companies. The vital outcomes of the study include: (1) delay claims are often resolved late and not close in time of occurrence of the delay events, creating more difficulties; (2) simplistic delay analysis approaches are widely used in practice and form the basis of successful claim resolutions, although they have major weaknesses; (3) the sophisticated approaches, although are more robust, are generally not popular in practice. To promote the use of these reliable approaches and comfort reduce or avoid disputes amongst claims parties, programming and record keeping practices must be improved as they do not expedite the use of the approaches.
Management of Claims and Disputes in Construction Industry: Chaitanya Khekale1, Nityanand Futane2- Prof. Civil Engineering Department, PRMCEAM Badnera, Maharashtra, India – Y2013
This paper offers an introduction to the claim management and dispute resolution techniques that are repeatedly encountered in the construction industry. The claim is a legitimate request for the achievement of a contractual milestone or additional compensation on account of a change to the contract if these claims made by the contractor are not managed clearly; it gives rise to a disagreement or argument over the validity or quantum of a claim known as disputes. Because of the substantially increasing number of construction claims nowadays, the implementation of the effective construction claim and dispute management is needed.
Disputes between the parties to construction projects are of great concern to the industry. Both the study of construction industry disputes and the causes of those disputes is essential. It can be concluded that construction disputes are a cause of concern in every construction project and the solution to this problem is to avoid and cautiously manage them for the smooth running of the construction process.
Causes of disputes in the Turkish construction industry: Case of public sector projects- Technical University, Istanbul, Turkey- P”nar IRLAYICI ”AKMAK – Y2016
The main purpose of this study is to identify the primary causes of disputes in the Turkish construction industry. In this context, the public construction disputes among the parties during the execution of the contract are examined. A comprehensive analysis was conducted and 166 disputes in the execution of a contract were investigated through a ten year period. The findings show that the problem areas giving rise to disputes are mainly related to seven dispute categories as unit prices, delays and extension of time, contractual matters, variations, contract documents, payments, and other disputes. Then, each dispute category was examined comprehensively in order to identify the main causes of disputes.
An Analysis of Causes of Disputes in the Construction Industry Using Analytical Network Process (ANP): Emre Cakmak, Pinar Irlayici Cakmak – bIstanbul Technical University, Istanbul – Y2014
In this paper, the main causes of dispute causes in the construction industry were analyzed. First of all, the main causes of construction disputes were determined with a comprehensive literature review. Then, the disputes derived from the literature were classified into main categories. According to the classification, main disputes categories were found as; owner related disputes, contractor related disputes, design-related
disputes, contract-related disputes, human behavior related disputes, project-related disputes, and external factors. All these disputes categories have their own sub-dispute causes. After determining the dispute causes, an approach was carried out using the ANP and an ANP model was developed. The model considers the relevant dispute causes which occur in the construction projects. Finally, an analysis was carried out to identify the relative importance of the different dispute causes. The analysis reveals that the contractor related disputes and their sub-dispute categories are the most common ones in the construction industry.
CONSTRUCTION CLAIMS IN THE UAE: TYPES, CAUSES, AND FREQUENCY: United Arab Emirates University- Essam Zaneldin – Y2010
The general conclusion of this study was that construction claims can be used to indicate several problem areas in the construction process. These areas should be noted and monitored by industry practitioners during all stages of the construction process. Steps should also be taken to clarify any issues or conflicts that may arise in these common problem areas. To summarize, it was found that "changes" type of claims is the most frequent type of followed by "Extra-work" type of claims. "Contract ambiguity" claims were ranked last. It can also be concluded from this study that "change orders" are the
most frequent cause of claims while "delay caused by owner" was ranked second. "Planning errors" were ranked last, indicating that it is the least frequent cause of claims.
HE IMPACT OF CONSTRUCTION CONTRACT MODELS ON CONSTRUCTION CLAIMS IN SAUDI ARABIA: Abbas Architects -Kingdom of Saudi Arabia-2002
This document looks into the contract models mostly used in Saudi Arabia and their influence on construction claims. A survey was conducted using a questionnaire to ascertain these relations and the results were analyzed. It was shown that the contract model used in a project will have no direct impact on the type, intensity, or source of the claim. Some of all construction projects do not use professionally produced contract forms. Time, money, the operation of the project and future relations between the contract parties were the major contributors impacted by claims arising out of a contract irrelevant of the contract format used. Out of those claims categories, those information based and contract administration-based claims were the two major ones.
There are numerous studies found in literature that discussed claims, investigate causes, propose solutions that contribute to the reduction of these claims, and more importantly, help in the analysis of claims. However, there is a lack of similar studies found for Saudi Arabia apart from few and out of date papers that discussed types and causes of claims which shows a discrepancy that needs to be addressed in claim management.