Al Rashdi, A (2012) A strategic framework for the further enhancement of the standard forms of construction contract in the Sultanate of Oman. PhD thesis, University of Salford, UK.
Abstract
The Standard Forms of Contract plays a very important role in the dynamics of the construction phase. The Standard Forms of Contract defines the roles, rights and obligations of the contracting parties in a construction project. This study demonstrates that the main criteria to be adopted in the drafting of new or modernising standardised form of contract are flexibility, clarity and the promotion of collaborative practices. When in use, In the Sultanate of Oman, the Standard Forms of Construction Contracts (OSFC) are the only standard contract document available for public works. This form of contract was statued by the Ministry of Finance and National Economy of the Sultanate of Oman in 1980s and has been used in the construction of all types of public projects including large industrial projects. This standardised form of contract has been used in Oman but has never really been reviewed and updated. . Unfortunately, limited research has been undertaken within the Omani construction industry particularly in the contractual management field. In light of the on-going discussion, this PhD research was set up to evaluate the applicability of the Standard Form of Construction Contract in Oman (OSFC) and to develop a framework to enable a continuous enhancement to the OSFC by incorporating the contemporary and future needs and trends in the Omani construction industry. This research has successfully identified the factors that would assist in the future development of the existing Standard Forms of Construction Contract (OSFC) in the Sultanate of Oman. As such, the knowledge gained from this research has illuminated the necessary considerations that need to be reflected on when undertaking the development of contracts and their revisions in order to create 'better' contract documents. In addition, the study provides a set of guidelines to improve the Dispute Resolution Practice, Procurements' Applications and sets up a solid foundation for the further improvement of the construction laws discipline in the Sultanate of Oman.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Uncontrolled Keywords: | construction law; construction phase; construction project; dispute resolution; drafting; flexibility; improvement; roles; Oman |
| Index terms: | public project, construction project, contract document, Oman, dispute, standard form of contract, contracting party, construction law, promotion, construction industry, construction phase, resolution, drafting, public work, dynamics, collaborative practice, construction contract, national economy, form of contract |
| Subjects: | infrastructure engineering, Geography, production management, collaborative management, practitioner, contract type, economic analysis, contractual arrangements, contractual condition, management, systems engineering, construction law, industry analysis, conflict resolution, dispute resolution, project delivery, technical documentation |
| Topics: | Contract Administration, Design Practice, Human Resources, Roles and Professions, Stakeholder Management, Business Strategy, Research Practice, Legal Issues, Procurement, Engineering Principles, Project Management, Geographical Context |
| 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