Claims management in the Egyptian industrial construction sector: A contractor's perspective

Hassanein, A A G and El Nemr, W (2008) Claims management in the Egyptian industrial construction sector: A contractor's perspective. Engineering, Construction and Architectural Management, 15(3), pp. 246-259. ISSN 0969-9988

Abstract

Purpose - This research aims to provide a better insight into the status of claims management in general, and change order claims in particular, from the contractor's perspective with respect to the Egyptian industrial construction sector, as they proved to be the main cause of claims in this sector. Design/methodology/approach - A questionnaire survey discussing the most persistent issues of claims management in general, and change order claims in particular, was conducted on a selected sample of construction industrial companies. Findings - The results demonstrated that claims management in the Egyptian industrial sector has been suffering from a variety of obstacles, including lack of proper notification procedures in public contracts and poor documentation management. Change orders had been actually lost due to poor documentation. Oral change orders were present in approximately 76 percent of the projects; half of which resulted in loss of rights due to improper documentation, which was largely attributed to the lack of contract awareness of the site team, and to the "fear of consultant phenomenon". Practical implications - The paper presents several recommendations for improving claims management including: the formation of a standard form of contract general conditions for the Egyptian industrial sector, and applying a methodological approach for change orders quantification. Originality/value - The increasing number of international companies contemplating construction projects in Egypt, and the significant problems with regards to claims propagation and management, addressed the need to conduct such a study, which targets one of the most challenging areas in the Egyptian construction industry.

Item Type: Article
Uncontrolled Keywords: construction industry; contract law; Egypt; laws and legislation; performance contracts
Index terms: standard form of contract, change order, quantification, contract law, construction industry, industrial construction, Egypt, propagation, survey, documentation, legislation, questionnaire, methodology, construction project
Subjects: contractual arrangements, legal systems, data collection methods, engineering process, industry analysis, measurement and scaling, building construction, Geography, contractual condition, production management, professional development, contract law, research methods
Topics: Legal Issues, Contract Administration, Geographical Context, Project Management, Research Practice, Engineering Principles, Information Management, Procurement
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