Asadi, R; Wilkinson, S and Rotimi, J O B (2023) Mixed-method approach to the evaluation of rework provisions within general contract conditions. Construction Economics and Building, 23(3-4), pp. 45-70. ISSN 2204-9029
Abstract
Rework in construction contracts is an interesting topic as it influences contractual claims and disputes. Changes in design, work scope, and construction turn into rework and affect the contract sum, the project completion date and project performance. Thus, clear responsibility to manage rework is essential for construction contracts. Contractual rework provisions are difficult to trace as they are written indirectly or in a complex context. A well-defined contract with clear responsibilities before the project commencement will safeguard the contract from unforeseen circumstances. In this study, the stipulated provisions related to the causes of rework are reviewed and analysed in New Zealand standard form of contract. The research uses a mixed quantitative and qualitative method for data collection and analysis. This paper collects a list of rework causes, assesses each rework cause in the general contract conditions, and explores relevant rework clauses of NZS3910 contract. The study revealed five significant causes of rework that have been addressed in the contract conditions. Further investigation into the reminder causes during contract negotiation enables contract parties to manage their obligations under rework events. Properly addressing the causes of rework in the contract conditions improves the overall project performance and reduces contractual claims and disputes.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | construction; contract; rework |
| Index terms: | New Zealand, contract condition, contract negotiation, standard form of contract, qualitative method, dispute, rework, construction contract, investigation, project performance |
| Subjects: | contract structure, Geography, contract management, project management theory and practice, data collection methods, contract type, research design and methodology, dispute resolution, operations management, contractual arrangements |
| Topics: | Contract Administration, Legal Issues, Procurement, Geographical Context, Project Management, Research Practice |
| 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