El-Adaway, I H; Abotaleb, I S; Eid, M S; May, S; Netherton, L and Vest, J (2018) Contract administration guidelines for public infrastructure projects in the United States and Saudi Arabia: Comparative analysis approach. Journal of Construction Engineering and Management, 144(6): 04018031, ISSN 0733-9364
Abstract
International construction, where contractors perform works in foreign countries, poses cultural and contractual risks resulting from the dissimilarities in social and legal outlooks. One of the major risks that leads to disputes in such international projects is poor contract administration. Research has been focused toward the cultural risks and ex-post dispute resolution in international construction, missing the important ex-ante dispute avoidance aspect. This paper addresses this knowledge gap with a special focus on the Kingdom of Saudi Arabia (KSA), which is the largest economy in the Middle East and North Africa. The paper does so by providing in-depth - yet practical - contract administration guidelines for U.S. contractors working in public works projects in KSA. The focus was put on KSA because of its economic strength and because KSA's associated contractual risks are uniquely relevant to those of other countries. To this end, the authors conducted comparative analysis between the Saudi Public Works Contract (PWC) and the U.S. Federal Acquisition Regulation (FAR) with respect to change orders, extension of time, liquidated damages, differing site conditions, and dispute resolution. Through exhibiting the important contractual and legal considerations that are unique to KSA, the outcomes of this research include: (1) a comparative checklist showing the similarities and differences between the two governmental approaches; and (2) a matrix of relative opportunities and risks of the PWC and FAR. Such an approach of analyzing the Saudi contracting environment from a U.S.-based context has not been undertaken before. As such, the study is beneficial to the U.S. contractor as it facilitates the understanding of the contractual premises in KSA and the associated risks and opportunities. This enhanced understanding will not only improve performance and minimize risks but also promote the contractor's strategic presence in the global market.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | contract administration; globalization; opportunities; risks |
| Index terms: | presence, international construction, public work, resolution, Saudi Arabia, public infrastructure, Kingdom of Saudi Arabia, contract administration, acquisition, change order, North Africa, dispute, globalization, regulation, international project, Middle East, United States, comparative analysis, liquidated damages |
| Subjects: | physical geography and landforms, contractual condition, Geography, contractual remedy, contract management, infrastructure engineering, conflict resolution, infrastructure and transport systems, economic factors, political science, strategic management, business, dispute resolution, environmental science, data analysis and analytics |
| Topics: | Business Strategy, Research Practice, Geographical Context, Engineering Principles, Stakeholder Management, Sustainability, Governance, Legal Issues, International Construction, Contract Administration |
| Descriptive scope: | 3 PCA |
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