Besaiso, H; Fenn, P; Emsley, M and Wright, D (2018) A comparison of the suitability of FIDIC and NEC conditions of contract in Palestine: A perspective from the industry. Engineering, Construction and Architectural Management, 25(2), pp. 241-256. ISSN 0969-9988
Abstract
Purpose: The standard forms of construction contract are receiving greater attention in the management of projects scholarship as they probably influence the project success and project disputes. The extant literature suggests that the standard forms of construction contract are one of the top sources of disputes. The purpose of this paper is to examine the effectiveness of the standard forms of construction contract, FIDIC and NEC, in reducing disputes in the Palestinian construction industry. Design/methodology/approach: The researchers have used qualitative methods to collect data and more specifically have undertaken 12 semi-structured interviews. Findings: The study reveals that the standard forms of construction contract can be a tool to minimise disputes, but certainly not to eradicate them, and NEC appears to be more capable than FIDIC to do so. Originality/value: This study contributes to knowledge by bringing an industrial perspective into the role of standard forms of contract in disputes creation and avoidance. The interviewees, recurrent users of FIDIC contract, criticised certain features and expressions and proposed some solutions.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | construction; international construction; interview; project management |
| Index terms: | qualitative method, interview, suitability, methodology, FIDIC, dispute, standard form of contract, project success, Palestine, construction industry, project management, effectiveness, construction contract, international construction |
| Subjects: | research design and methodology, contract type, standard forms of contract, strategic management, data collection methods, dispute resolution, contractual arrangements, performance management, research methods, project management theory and practice, Geography, industry analysis, design criteria |
| Topics: | International Construction, Quality Management, Design Practice, Legal Issues, Geographical Context, Project Management, Research Practice, 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