Ballesteros-Lintao, R and Ameer Ali, N A N (2023) Readability and comprehensibility of Malaysian construction contracts. International Journal of Construction Management, 23(15), pp. 2649-2657. ISSN 1562-3599
Abstract
The international construction industry is projected to grow at a compounded annual rate of 4.2% between 2018 and 2023 valued at USD 10.5 trillion. This growth is marred by increasing disputes. In parallel, the use of plain language has been increasing, although construction contracts have been slow to adapt. This affirms the need for this research. It adopted a combined qualitative and quantitative study to establish the potential of adopting the use of plain language in construction contacts. This research investigated readability and comprehensibility of construction contracts by primary users in the rapidly developing construction industry in Malaysia. Four traditionally styled and one plain-language construction contracts were tested using a text-based cognitively inspired readability and complexity tool. Then, 36 primary users of the documents determined the comprehensibility of these contracts through cloze testing. The users' own evaluation of the contracts was compared against the measured complexity of the contracts. The plain language contract was superior in both text-based and reader-based testing. The combined testing approach provides strong evidence of the potential benefits of adopting plain language to improve both readability and comprehensibility of construction contracts. This could also benefit the industry through potential reduction in disputes.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | comprehensibility; construction contracts; plain language; readability |
| Index terms: | Malaysia, international construction industry, dispute, construction contract, construction industry, testing, evidence, documents, complexity |
| Subjects: | professional development, Geography, systems engineering, industry analysis, contract type, strategic management, evaluation and assessment methods, dispute resolution, professional practice |
| Topics: | Procurement, Engineering Principles, Information Management, Geographical Context, Research Practice, International Construction, Legal Issues |
| Descriptive scope: | 4 PCTA |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here