Factors influencing decisions on delay claims in construction contracts for Indian scenario
Construction industry in India is second largest next to agriculture. In current era of infrastructure development construction projects occupy a key position. In any construction project contract time and cost overrun is a common feature, which gives rise to claims leading to disputes. These disputes if not handled properly tend to consume time and money of all parties to the contract. To resolve the dispute in optimum time, it is essential to understand the root cause of disputes as early as possible. Hence there is a need of analyzing the disputes scientifically. The present study reveals from the study of arbitration awards that the causes for delay claims can be grouped in domains and the probable decisions to the disputes can be traced through the probing questions considered by decision makers. This paper attempts to identify questions related to disputes for Indian scenario through literature, arbitration awards, court cases and discussions with professionals.
Aibinu, A.A., and Jagboro, G.O. (2002). “The effects of construction delays on project delivery in Nigerian construction industry.” International Journal of Project Management, 20 (2002), 593-599.
Al-Momani, A.H. (2000). “Construction delay: a quantitative analysis.” International Journal of Project Management, 18 (2000), 51-59.
Iyer, K.C. and Kalidindi, N.S. (2002). “Final and Binding Power Clauses in Indian Construction Contracts.” International Journal of Project Management, U.K. 20 (2002), 13-22.
Iyer, K.C., Kalidindi, N.S. and Ganesh, L.S. (2001). “Effects of Construction Contract clauses on occurrence of disputes in India.” Asia Pacific Building and Construction Management Journal, Hong Kong, 6(1), 13-24.
Kumarswamy, M.M., andYogeswaran, K. (2003). “Substantiation and assessment of claims for extension of time.” International Journal of Project Management, 21 (2003), 27-38.
Odeh, A.M., and Battaineh, H.T. (2002). “Causes of construction delay: traditional contracts.” International Journal of Project Management, 20 (2002), 67-73.
Satyanarayana, K.N. and Iyer, K.C. (1996). “Evaluation of delays in Indian construction contracts.” Journal of the Institution of Engineers (India), Vol.77, September 1996, 14-22.
Scott, S. (1997). “Delay Claims in U.K. Contracts.” Journal of Construction Engineering and Management, ASCE, 123(3), 238-244.
Scott, S., Harris, R.A., and Greenwood, D. (2004). “Assessing the New United Kingdom Protocol for Dealing with Delay and Disruption.” Journal of Professional Issues in Engineering Education and Practice, ASCE, 130(1), 50-59.
Yates, J.K. and Epstein, A. (2006). “Avoiding and Minimizing Construction Delay Claim Disputes in Relational Contracting.” Journal of Professional Issues in Engineering Education and Practice, ASCE, 132(2), 168-179.