Building competence to manage contractual claims in international construction environment: The case of Finnish contractors

Oyegoke, A S (2006) Building competence to manage contractual claims in international construction environment: The case of Finnish contractors. Engineering, Construction and Architectural Management, 13(1), pp. 96-113. ISSN 0969-9988

Abstract

Purpose - This study was motivated by a belief that existing knowledge on management of a contractual claim in international contracting practice is different from a standardised local practice. The paper is aimed at building competence for managing contractual claims in a standardised practice. Design/methodology/approach - Comparative studies of British and Finnish contracting practices were used to determine the reason why claims are not pronounced in a standardised practice. Empirical study via direct interviews and questionnaires of a Finnish-based contractor operating in the Russian markets was used. The players are three-dimensional in nature where the client, consultants, and contractor come from different countries/practices and two of the projects studied were joint ventures. Findings - The findings show the effects of: legal system, procurement methods, standardised practice and size of the market on the management of contractual claims. The remedial measures suggested include: operational management, i.e. learning through personal contacts, and management competence development of employees by learning through proper communication and education programmes in a form of continuing professional development. Originality/value - Management of claims in the construction industry is vital to a successful implementation of the project. It brings about a fair dealing between the project owner and the contractor, improves contractor's cashflow and discourages abandonment of project and disputes. Lack of knowledge in managing claims constitutes a threat to successful implementation of project. The engagement of an expert and knowledge transfer through joint ventures/partnerships are suggested as solutions.

Item Type: Article
Uncontrolled Keywords: contract costs; contract law; Finland; penalty costs; United Kingdom
Index terms: interview, penalty, abandonment, United Kingdom, programme, competence, methodology, questionnaire, knowledge transfer, continuing professional development, procurement method, contract law, joint venture, dispute, Finland, partnership, owner, empirical study, comparative study, international construction, markets, implementation, construction industry
Subjects: project controls, partnership management, sociology, industry analysis, regulatory law, completion, contract law, research methods, Geography, personnel development, professional development, contractual arrangements, economic analysis, strategic management, data collection methods, research dissemination and communication, research design and methodology, business, dispute resolution
Topics: Procurement, Stakeholder Management, Geographical Context, Project Management, Research Practice, Business Strategy, Education, Time Control, International Construction, Human Resources, Digital Applications, Legal Issues
Descriptive scope: 5 PCTEA

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