Contractual risk and liability sharing in hydropower construction

Charoenngam, Chotchai; Yeh, Chien-Yuan

doi:10.1016/s0263-7863(97)00064-1

Cited by 73 publications

(40 citation statements)

References 1 publication

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“…For instance, Tsai and Yen (2006) formulated a conceptual framework and compared risk allocation on high-speed railroad in Taiwan amongst FIDIC (1995), AIA/A201 (1997), NEC (2005), ENAA model form international contract (1996) and Taiwan High Speed Rail Contract -THSRC (2000). Similarly, Charoenngam and Yeh (1999) used contract documents to verify the risk sharing in hydropower contracts construction using FIDIC and the Taiwanese government Conditions of Contract for hydropower construction. Picha et al (2015) used EPC/Turnkey (FIDIC Silver book: 1999) contracts to determine the suitability in terms of risk allocation and risk coverage for international power projects.…”

Section: Methodsmentioning

confidence: 99%

“…In this study, construction contracts were used as cases for risk allocation verification. Moreover, construction contracts are the main mechanism for risk allocation in the construction industry (Charoenngam and Yeh, 1999;Bunni, 2009;Mead, 2007;Murdock and Hughes, 2008;Zagloul and Hartman, (2003). The verification process used document analysis on standard contract documents to determine how the risks had been allocated though modifications are done.…”

Section: Methodsmentioning

confidence: 99%

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A Conceptual Model for Risk Allocation in the Construction Industry

Tembo-Silungwe¹,

Khatleli²

2017

American Journal of Applied Sciences

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Appropriate risk allocation influences positive project delivery on construction projects while inappropriate allocation results in disputes, quality shortfalls, time and cost overruns. The existing body of knowledge provides guides on how risks should be allocated between the contracting parties. Nevertheless, the full appreciation of risks allocation is rarely given as risk allocation is more than just which party should bear a risk. This study provides a conceptual model of the various ways risks could be allocated. (2013) are used to demonstrate the practicality of the conceptual model. An understanding of risk allocation prerequisites might help to mitigate risks that influence project performance negatively. The use of this conceptualization may help to assign a risk with more than one treatment option to maximize a positive outcome of a negative risk factor.

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Section: Methodsmentioning

confidence: 99%

Section: Methodsmentioning

confidence: 99%

A Conceptual Model for Risk Allocation in the Construction Industry

Tembo-Silungwe¹,

Khatleli²

2017

American Journal of Applied Sciences

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“…The distance D i of controllability of a risk cause was introduced and evaluated by Equation (4). In this study, the threshold value was set 0.2; the risk causes with distances of controllability over 0.2 (indicating a large disagreement among the project managers over the judgment) were excluded, that would be 40% risk causes or 97 risk causes in 247 risk causes.…”

Section: Distance Of Controllabilitymentioning

confidence: 99%

“…Nevertheless, very few studies have discussed issues relating to project risk from the jobsite engineers' point of view (Tsai et al 2001a). Particularly in Taiwan, most risk management studies focus only on relationships between stakeholders and allocations of responsibility, and are merely qualitative discussions (Charoenngam and Yeh 1999;Wang and Chou 2003). When a project is run under the uncertainty of the construction environment, managing diverse situations from jobsite, which may lead to difficulties such as schedule delay and cost overrun, makes complexity of project delivery.…”

Section: Introductionmentioning

confidence: 99%

Risk Management in the Construction Phase of Building Projects in Taiwan

Tsai

Yang

2009

Journal of Asian Architecture and Building Engineering

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Project risk issues have seldom been addressed from the perspective of jobsite engineers. This study presents a novel approach for collecting risk management data in order to understand the realities of risk management in Taiwan. In this study, accumulation contributing ratio of risk and distance of controllability are utilized as the two proposed criteria to extract the consensus critical risks of practitioners. The data are analyzed from multiple points of view to explore the co-relationship among risk cause, risk strategy, risk result and project stage, and to clarify the risk mechanism and the realities of risk management. This analysis found that the risk is highest in the structure construction and finish work stages, and that schedule postpones and negotiation risk strategies are widely adopted by project managers in Taiwan for all risk results. Conclusions also included that contractors worries about the risk causes concerning natural phenomenon, and contract-related issues at the pre-construction stage which lead to schedule delay and cost overrun risk results.

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“…Particularities of the liability of participants of construction projects are studied in deep by scholars (Zaneldin 2006;Choi et al 2015;Shih-hung 2013;Huang, Hinze 2006;Huang, Chang 2009;Gambatese et al 2005;Chang 2013;Jamshidi, Hatefi 2016;Bakhary et al 2015;Tan, Anumba 2010;Charoenngam, Yeh 1999;Mitkus 2005;Elovitz 2001;Klimas 2011;Arditi, Pulket 2005;Chaphalkar et al 2015;Saukalienė 2010). The liability of technical supervisor of construction is not in deep analyzed, however.…”

mentioning

confidence: 99%

Liability of a Technical Supervisor of Construction: Analysis of Lithuanian Case Law

Mitkus

2017

Proceedings of 5th International Scientific Conference Contemporary Issues in Business, Management and Education ‘2017

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Abstract. The article deals with the liability issues of a technical supervisor of construction in Lithuania. It is established in statutory law that a technical supervisor of construction is liable against an owner jointly with other parties involved in the construction (contractor, designer); however, it provides no explanation as to how this liability is distributed between the parties. Analysis of case law of the Supreme Court of Lithuania is used as a basis for crystallizing the rules applied by the courts in defining liability of a technical supervisor of construction and distributing it between other construction players. It has been found out that the liability attributed in case law to the technical supervisor of construction found guilty for defective construction works usually varies from 15% to 20%. The findings of this research may be used in systems for predicting court judgements and decision support systems for judicial disputes.

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Contractual risk and liability sharing in hydropower construction

Cited by 73 publications

References 1 publication

A Conceptual Model for Risk Allocation in the Construction Industry

A Conceptual Model for Risk Allocation in the Construction Industry

Risk Management in the Construction Phase of Building Projects in Taiwan

Liability of a Technical Supervisor of Construction: Analysis of Lithuanian Case Law

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