Apportioning liability in construction delay claims : an evaluation of contemporary practices in the U.A.E. and a proposal for improvements

Perera, NA

Abstract

Various theories, concepts and methodologies exist for apportioning liabilities in
construction delay claims. Yet, there is no much consensus among the practitioners
towards them. Often, the implementation of these theories, concepts and methodologies in
a project is based on Decision Makers' (DMs) individual judgments. Individual
judgments are generally intuitive and subjective. That brings scepticism on the outcome
yielded by either party's approaches or methods. This would most possibly result in
further escalation of dispute. This research was inspired by the findings of initial surveys
and peer discussions which indicated this situation as a major problem area in delay
claims resolution, requiring improvements to the contemporary practices. Thus, the
principal aim of this research is set out 'to investigate the problems involved in the
contemporary practices of apportioning liability in construction delay claims and propose
a Framework for Improvements'. This 'Framework of Improvements' is expected to
enable consensus and uniformity among the DMs for appropriate application of essential
theory, concepts and delay analysis methodology in order to minimise/ reduce the
negative impacts of such problematic issues and enhance efficiency and fairness in delay
claims resolution process. The research objectives were set out in order to fulfil this aim.
Accordingly, the research undertook to investigate the perceptions, approaches and
methods adopted by the practitioners in carrying out apportioning liabilities, and the
problem issues that may stem from such practices. This inquiry was carried out
implementing mixed methods approach which was consistent with the philosophical stand
of the research. Thus, both semi-structured interviews (qualitative strand) and in-depth
surveys (quantitative strand) were extensively used for the necessary data collection. The
analysed findings and the merged results of this inquiry and the findings of a
comprehensive literature review enabled developing the intended 'Framework of
Improvements'. As the main outcome of the study, this Framework consists of (1)
improvements to be adopted through changes to contract documentation and procedures
and (2) improvements (through a Model) to the process of selection of a most appropriate
method of delay analysis under objective circumstances of a construction project. These
components of the Framework have been subject to necessary validation. Thus, if
consciously implemented, it has the potential to bring forth substantial corporate benefits
to both employers and contractors, by eliminating waste of time and money in unnecessary disputes in delay claims resolution process. The research has also contributed
to the domain knowledge by providing a comprehensive data base as to the current
practices and established a knowledge base of essential theory, legal position and practice
in delay claims resolution; this can be used as a repository by practitioners and potential
researchers. At the conclusion, while accomplishing the research objectives and the aim,
the study has identified the potential limitations of the research and recommended areas
for further research.

Citation

Perera, N. Apportioning liability in construction delay claims : an evaluation of contemporary practices in the U.A.E. and a proposal for improvements. (Thesis). University of Salford

• Thesis Type: Thesis
• Deposit Date: Mar 9, 2016
• Publicly Available Date: Mar 9, 2016
• Award Date: 2012