Candaş, A B and Tokdemir, O B (2022) Automated identification of vagueness in the FIDIC silver book conditions of contract. Journal of Construction Engineering and Management, 148(4): 04022007, ISSN 0733-9364
Abstract
Contract conditions are crucial as they outline an agreement between different parties. The semantic terms in contract conditions need to be precisely designated. Where these conditions contain vague meanings, the interpretation of the conditions will vary, especially since the parties of the contract will be differently motivated to pursue their different expectations from it. The vague terms in contract conditions may thus cause a dispute and conflict among the parties that can jeopardize the eventual success of a construction project. The conventional practice of identifying vagueness in construction contract conditions is done manually, which is prone to error, time-consuming, and requires expert involvement. This study develops a methodology to automate the identification of vague terms in construction contract conditions with the sequential application of natural language processing (NLP) and machine learning (ML) techniques. Morphological and lexical analysis procedures are used to evaluate the corpus data obtained from a widely used typical construction contract published by International Federation of Consulting Engineers (FIDIC). Classifications of contract conditions in the corpus data are searched using several supervised ML techniques to determine the best performing classifier. The results show that the developed methodology reduces time spent on contract review, is reliable with a high level of accuracy in predicting the presence of vagueness, and removes dependence on expert participation in the contract review processes.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | classification; conditions of contract; contract administration; contract preparation; machine learning; natural language processing; rule-based; supervised learning; vagueness |
| Index terms: | presence, construction contract, FIDIC, dispute, contract administration, contract condition, machine learning, methodology, construction project, contract preparation, meaning, consulting engineer, accuracy |
| Subjects: | research methods, contract structure, contract management, professional development, production management, sociology, contract type, standard forms of contract, profession, dispute resolution, environmental science, artificial intelligence |
| Topics: | Information Management, Project Management, Research Practice, Roles and Professions, Sustainability, Procurement, Digital Applications, Legal Issues, Contract Administration |
| Descriptive scope: | 3 PCT |
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