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A procedural framework for extension of time (EoT) claim settlement in the Malaysian construction industry / Norazian Mohamad Yusuwan

机译:马来西亚建筑业延期(EoT)索赔解决的程序框架/ Norazian Mohamad Yusuwan

摘要

The construction industry is often burdened by various problems associated with contractual claims that affect not only the administration and management of projects but also disrupt the smooth running of construction activities as well as contribute to the occurrence of disputes between the parties involved. Such disputes will affect harmonious relationships among industry players if they are not tackled in the best possible way. Despite the many studies that have been carried out with regard to improving the management of contract claims, yet very little research has been conducted to address the issue in relation to the extension of time (EoT) claim, specifically as to what constitutes a good EoT claim and the possible measures that can be taken by industry players towards the successful settlement of an EoT claim. Therefore, this study was undertaken with the aim of developing an appropriate framework that can help the parties involved in the construction industry to come up with EoT claims that can be resolved harmoniously without any unnecessary disputes. Prior to the development of such a framework, the practices of industry players in dealing with EoT claims were investigated, contentious issues in relation to EoT claims and the reasons for the rejection of such claims were revealed, and the success elements for EoT claims and initiatives to reduce the likelihood of failure of such claims were identified. The triangulation method comprised of a questionnaire survey, semi-structured interviews and a modified Delphi approach, was employed to achieve the research objectives. Such an approach will produce a robust and reliable data. The findings revealed that weaknesses in terms of the management and keeping of records as well as the lack of competency in handling claims which result in the submission of poor and incomplete claim documents are among the factors that disrupt the preparation and assessment of EoT claims, which may then lead to a rejection of such claims. On the other hand, issues associated with EoT claims that often create dissatisfaction and conflict between the parties involved are concurrent delays, eligibility of time extension claims, non-compliance with contract requirements, inadequate efforts to mitigate delays, and also the permissible time period for extensions. The conservation of harmonious business relationships, the preservation of reputation as well as continuity in the construction industry are seen as the major factors influencing the likelihood of industry practitioners opting for negotiations as a medium to resolve any problems and disputes in relation to EoT claims. The findings from the research were then used to develop a framework for a successful EoT claim which contained elements that contribute to the success of EoT claims and initiatives that can be implemented in order for claims to be successful, and to reduce the possibility of failure of such claims. Subsequently, a personal (face-to-face) questionnaire survey conducted with eleven (11) experts from the industry confirmed that the framework is appropriate and is viewed as having great potential for implementation in the construction industry in Malaysia. The findings of this research may offer valuable information, not only to industry players but also to students in the related fields, in preparing themselves to face the challenges of working in the construction industry.
机译:与合同要求有关的各种问题通常使建筑业负担沉重,这些问题不仅影响项目的管理和管理,而且还破坏了建筑活动的顺利进行,并导致有关当事方之间发生争端。如果不以最佳方式解决,此类争端将影响行业参与者之间的和谐关系。尽管已经进行了许多有关改善合同索赔管理的研究,但很少有研究来解决与延长时间(EoT)索赔有关的问题,特别是关于什么构成良好的EoT索赔以及行业参与者为成功解决EoT索赔可采取的可能措施。因此,进行这项研究的目的是开发一个合适的框架,该框架可以帮助建筑行业的相关方提出可以和谐解决的EoT索赔,而不会引起任何不必要的争议。在开发此框架之前,先调查了行业参与者处理EoT索赔的做法,揭示了有关EoT索赔的争议性问题以及拒绝此类索赔的原因,以及EoT索赔和倡议的成功要素以减少此类索赔失败的可能性。三角测量法由问卷调查,半结构化访谈和改进的德尔菲方法组成,用于实现研究目标。这样的方法将产生健壮和可靠的数据。调查结果表明,在管理和保存记录方面存在弱点,以及在处理索赔方面缺乏能力,导致提交的索赔文件不完整和不完整,这是破坏EoT索赔准备和评估的因素之一。然后可能导致拒绝此类索赔。另一方面,与EoT索赔相关的问题通常会引起相关各方之间的不满和冲突,包括并发的延误,延期索赔的资格,不遵守合同要求,减轻延误的努力不足以及允许的期限扩展名。维护和谐的业务关系,维护声誉以及建筑行业的连续性被视为影响行业从业者选择谈判作为解决与EoT索赔相关的任何问题和争议的媒介的主要因素。研究的结果随后被用于开发成功的EoT索赔的框架,其中包含有助于EoT索赔成功的要素以及为使索赔成功而可以实施的倡议,并减少了失败的可能性。这样的主张。随后,与来自行业的十一(11)位专家进行的个人(面对面)问卷调查证实了该框架是适当的,并被认为在马来西亚的建筑业中具有很大的实施潜力。这项研究的发现不仅可以为行业参与者提供有价值的信息,而且还可以为相关领域的学生提供有价值的信息,帮助他们准备面对建筑行业的工作挑战。

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    Mohamad Yusuwan Norazian;

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  • 年度 2016
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