Deacon, H A and Kajimo-Shakantu, K (2024) The prevalence of claims under the JBCC principal building agreement in South Africa. International Journal of Construction Management, 24(3), pp. 331-338. ISSN 1562-3599
Abstract
The JBCC Principal Building Agreement is the foremost building contract in South Africa, with claims being a regular custom in construction projects where the agreement is used. This study therefore focused on South African construction industry role-players and sought to discover the regularity of claim events under the JBCC Principal Building Agreement. The study adopted a quantitative research approach with an online structured questionnaire being completed by 380 respondents consisting of principal agent practitioners and contractors in South Africa. Descriptive statistics were then used to analyze the data. The findings indicate that the most recurrent claim events are the execution of additional work, contract instructions, and adverse weather. The claim events that occur the least are insolvency of a nominated subcontractor, suspension or termination by a subcontractor due to a default by the employer, and force majeure. The study has therefore recognized and closed the knowledge gap regarding the regularity of claims under the JBCC Principal Building Agreement in South Africa. Principal agents should now be aware of the extent of claims under the agreement, which would help them to prevent and manage these claims to avoid damages to contractual parties. Also, although the study was limited to South Africa, the findings should still be relevant for users of the agreement in neighbouring countries.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | construction claims; JBCC principal building agreement; South Africa |
| Index terms: | statistics, construction industry, building contract, force majeure, quantitative research, weather, subcontractor, South Africa, agent, construction claim, questionnaire, practitioner, construction project, damages, insolvency, default |
| Subjects: | data analysis and analytics, mitigation, dispute resolution, practitioner, mathematical modelling, contract type, air quality, data collection methods, liability law, industry analysis, payment, production management, Geography |
| Topics: | Contract Administration, Legal Issues, Roles and Professions, Procurement, Sustainability, Research Practice, Project Management, Geographical Context |
| 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