Factors influencing decisions on delay claims in construction contracts for Indian scenario

Chaphalkar, N and Iyer, K C (2014) Factors influencing decisions on delay claims in construction contracts for Indian scenario. Construction Economics and Building, 14(1), pp. 32-44. ISSN 2204-9029

Abstract

Construction industry in India is second largest industry in the economy, next to agriculture. Currently, infrastructure development construction projects occupy a key position. In any construction project contract time and cost overruns are common, which gives rise to claims leading to disputes. These disputes if not handled properly tend to consume time and money of all parties to the contract. To resolve the dispute in optimum time, it is essential to understand the root cause of disputes as early as possible. Hence there is a need of analyzing the disputes scientifically. The present study reveals from the study of arbitration awards that the causes for delay claims can be grouped in domains and the probable decisions to the disputes can be traced through the probing questions considered by decision makers. This paper attempts to identify questions related to disputes for Indian scenario through literature, arbitration awards, court cases and discussions with professionals.

Item Type: Article
Uncontrolled Keywords: arbitration; claim management; contract management; delay claims; dispute resolution
Index terms: arbitration, infrastructure development, cost overrun, resolution, dispute, India, construction industry, construction contract, contract management, claim management, construction project
Subjects: conflict resolution, financial and cost management, industry analysis, contract type, contract management, infrastructure engineering, dispute resolution, production management, contractual condition, Geography
Topics: Engineering Principles, Project Management, Geographical Context, Research Practice, Cost Management, Procurement, Stakeholder Management, 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