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Contract Claims in UAE Residential Construction Projects
Shalabi, Mohamed Khaled Ali Hassan
Shalabi, Mohamed Khaled Ali Hassan
Date
2024-05
Advisor
Type
Thesis
Degree
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Description
A Master of Science thesis in Construction Management by Mohamed Khaled Ali Hassan Shalabi entitled, “Contract Claims in UAE Residential Construction Projects”, submitted in May 2024. Thesis advisor is Dr. Salwa Beheiry. Soft copy is available (Thesis, Completion Certificate, Approval Signatures, and AUS Archives Consent Form).
Abstract
In the context of residential construction projects in the UAE, particularly those operating under lump sum contracts, an investigation was carried out into the common causes of contract claims to uncover the common triggers of contract disputes. This paper aims to better equip UAE practitioners with a contractual framework more resistant to claims by identifying the most significant claim factors, as determined by a comprehensive survey and analysis of industry practitioners. It turned out that changes, delays, and design issues are the top-rated claim-generating factors, while discord among project participants is the least significant. In addition to this research, practitioner ratings are used to assess the effectiveness of proposed contractual terms, produced from a thorough assessment of the literature and the FIDIC red book 2017. These clauses are designed to avoid or reduce the listed claim elements. The claim prevention clauses assessment results were used to gain insights into how practitioners think about what contract clause is better for preventing claims. To set the groundwork for the analysis an approach that focused on ratings for each survey question to uncover insightful findings from the data that was followed. the Relative Importance Index (RII) method was employed to systematically evaluate the survey responses. This approach involved calculating the RII for each survey question by summing up the ratings given by participants and then dividing by the maximum possible score. This quantification provided a precise measure of the importance assigned to each contractual clause by industry experts This method enabled an assessment of how various contractual clauses tackle known factors that lead to claims. The results obtained were analyzed to synthesize contract drafting principles and practical implications. This research is significant because it aims to create contractual frameworks that are more effective and resistant to claims, targeting specifically contract drafters, specialists, and contract procurement managers. The study paves the way for implementing contract management practices in the construction industry of the United Arab Emirates by aligning the recognized claim requirements with particular contractual provisions. These advancements are predicted to enhance project completion, reduce conflict occurrences, and promote sharing risks and responsibilities among involved parties. Subsequent contract designs could leverage insights from this research, potentially leading to more successful construction endeavors in the region.