Carmo, Lie Uema do (2012) Construction contracts of large projects. PhD thesis, Universidade de São Paulo, Brazil.
Abstract
This dissertation thesis investigates construction contracts and the complexity of the written contract. A construction contract, broadly defined, is the arrangement executed by and between the owner, as principal, and a natural person or a legal entity specialized in engineering or achitecture, as a contractor, who, against compensation, shall deliver one or more of the following objects: an engineering or architecture project, construction, monitoring and management of the works and, if agreed upon, shall render technical assistance and operation. The focus is limited to the construction in the industrial and engineering sectors, in charge of developing large projects that face significant technical, tecnological and financial challenges, such as infrastructure and industrial facilities. Construction contracts of large projects serves as a gender encompassing a broad variety of contracts aimed at delivering a project. The gender includes tipified contracts such as the rendering of services of engineering and architecture and the empreitada, and non-tipified ones, such as the engineering, procurement and construction contract, project alliancing and project partnering, among others. The thesis delineates the legal structure and the main economic and financial characteristics of construction contracts and investigates the sources of their contractual complexity. After recognizing the complexity embedded in the contruction document, it argues that contractual complexity is a relevant issue, with legal, economic and social consequences upon which further thoughts are worthwhile.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Thesis advisor: | Forgioni, Paula Andrea |
| Uncontrolled Keywords: | complexity; construction; contracts; engineering; EPC; large projects; project alliancing; project partnering |
| Index terms: | construction contract, face, monitoring, partnering, complexity, alliancing, compensation, owner, dissertation |
| Subjects: | research dissemination and communication, psychology, partnership management, contract type, control systems, systems engineering, sociology, dispute resolution, contractual arrangements |
| Topics: | Organizational Design, Stakeholder Management, Research Practice, Engineering Principles, Legal Issues, Site Management, Procurement |
| Descriptive scope: | 2 PC |
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