Analysis of Construction Contracts: Searching for Collaboration

Alves, Thaís da C. L.; Shah, Nargis

doi:10.1061/9780784481271.015

Cited by 10 publications

(8 citation statements)

References 6 publications

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“…However, a subjective analysis conducted by the first author, by examining the clauses and the context where the keywords were used, indicated that in IPD contracts, these words are used to promote collaborative environments, versus simply referring to terms, e.g., joint venture, joint checks. These findings are analogous to Alves andShah's (2018) study andHamzeh et al's (2019) study, in that contracts for more traditional delivery methods are drafted around compliance and not necessarily written to promote collaboration.…”

Section: Second Round -Search For Joint* Coop* Together Trust* Keysupporting

confidence: 63%

“…This study was developed as part of the first author's master's degree capstone project. It expands the findings reported by Alves and Shah (2018), and adds the word "trust" to the analyses. Limitations include: the sample size considering the 32 contracts analysed, the predominant focus on contracts used in the United States, and the subjective analysis carried out by the first author in terms of what words were being used specifically with a collaborative intent versus simply outlining a procedure, title or part of some term or practice.…”

Section: Methodsmentioning

confidence: 71%

“…The research method employed to conduct the analysis uses the same steps outlined in Alves and Shah (2018) for the analysis of construction contracts, used to implement different delivery methods, with the goal of identifying collaboration related words. Initially, the first author analyzed various forms of contracts used across the construction industry in an effort to determine if contracts can be used to create a collaborative environment where all the parties involved will work in together.…”

Section: Methodsmentioning

confidence: 99%

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Contracting for Collaboration in Construction

Willis¹,

Alves²

2019

Proc. 27th Annual Conference of the International Group for Lean Construction (IGLC)

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Construction contracts represent instruments that bind project participants together to deliver a project. The industry still uses delivery methods and related contracts that are more traditional in nature, e.g., design-bid-build (DBB), and promote a sequential design and construction process, which allows for little to no collaboration between project participants. Over the past 25 years, more collaborative delivery methods (e.g., Design-Build) have gained more adopters, and been touted as the solution to problems of the construction industry. The promotion of more collaborative environments stands front and center as a solution to the industry problems by promoting, via contractual terms, collaborative behaviors and processes. This study investigates the language of construction contracts by identifying keywords commonly associated with collaboration and comparing the incidence of these keywords in contracts for different delivery methods. Results indicate that DBB contracts have few to no mentions of collaborative words, standing to no surprise that DBB environments are less collaborative in nature. In contrast, Integrated Project Delivery contracts not only use keywords associated with collaboration, but actually employ them in clauses to promote collaborative behaviors and environments.

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Section: Second Round -Search For Joint* Coop* Together Trust* Keysupporting

confidence: 63%

Section: Methodsmentioning

confidence: 71%

Section: Methodsmentioning

confidence: 99%

See 1 more Smart Citation

Contracting for Collaboration in Construction

Willis¹,

Alves²

2019

Proc. 27th Annual Conference of the International Group for Lean Construction (IGLC)

Self Cite

View full text Add to dashboard Cite

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“…In addition, they do not provide enough collaborative tools that enhance teamwork (Wilkinson, 2012), and barely engage the contractor in decisions related to design that may later impact construction (Watson, 2001). In fact, the results of a study by Alves and Shah (2018) on contract language indicate that traditional contracts, as opposed to IPD type contracts, are lacking terms related to collaboration and are mostly drafted around compliance. Furthermore, the presence of some biased clauses favoring the owner may compromise the contractor’s position.…”

Section: Literature Reviewmentioning

confidence: 99%

Integrated project delivery as an enabler for collaboration: a Middle East perspective

Hamzeh

Rached

Hraoui

et al. 2019

BEPAM

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Purpose This study investigates the extent to which the popular forms of contract adopted in the Middle East (ME) address collaboration. The purpose of this paper is to assess how collaboration features weaved into the construct of integrated project delivery (IPD) may impact projects in the ME. In this context, the study identifies features in IPD and existing delivery methods that may enable or inhibit collaboration and evaluates their impact on project success from the perspective of various contract managers in the ME. Design/methodology/approach The study employs structured face-to-face interviews with 41 construction industry practitioners in top contract management positions in the ME to evaluate the significance of collaboration features in IPD. Data collected from the structured interviews/surveys were analyzed using statistical tools in R and Excel. Findings Results reveal that while experts recognize the collaboration benefits which IPD features may contribute to a project, the current contractual environment of the industry does not optimally encompass these features. The current status of project delivery does not favor IPD implementation nor does it enable its collaborative features. Originality/value This study contributes to the growing international body of knowledge addressing the application of collaborative contracts in construction projects, and it is innovative in evaluating collaboration features within IPD and exiting project deliveries in the ME.

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“…FIDIC is considered to pose certain limitations on different levels such as risk allocation, liability and insurance; it is also criticized for being biased towards the contractor more than the owner (Alves & Shah, 2018;Hamzeh et al, 2019). Respondents were asked to rate their satisfaction with their employed contracts' ability to manage important factors using a Likert scale (1-Very dissatisfied to 5-Very Satisfied).…”

Section: Respondents Satisfaction With the Contracts Employed In The mentioning

confidence: 99%

Implementation of Integrated Project Delivery in Lebanon: Overcoming the Challenges

Dargham¹,

Hatoum²,

Tohme³

et al. 2019

Annual Conference of the International Group for Lean Construction

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Integrated Project Delivery (IPD) approach is important to deliver value and reduce waste by integrating the stockholders early in a project. Despite its numerous advantages over the traditional delivery systems, IPD's applicability in the Middle East has not yet reached its potential. In Lebanon, the construction market is dominated by delivery practices such as design-bid-build or design-build. The aim of this paper is to examine the Lebanese construction industry experiences in project delivery methods and their attitudes towards shifting to Integrated Project Delivery. Research is conducted through surveys and interviews with industry professionals to investigate the performance of the traditional delivery approaches and the implementation of IPD in Lebanon. The data collected will be used to evaluate and critique the construction industry current project delivery practices, analyze the experts' awareness and attitudes toward IPD delivery method and identify the main barriers that prevents practitioners from implementing IPD.

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Analysis of Construction Contracts: Searching for Collaboration

Cited by 10 publications

References 6 publications

Contracting for Collaboration in Construction

Contracting for Collaboration in Construction

Integrated project delivery as an enabler for collaboration: a Middle East perspective

Implementation of Integrated Project Delivery in Lebanon: Overcoming the Challenges

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