Causes of Delays and Disputes in the Saudi Arabian Construction Industry Compared with the Degree of Delays and Disputes in the UK Construction Industry

Abougamil, Reda Abdelshafy Abouzied (2020) Causes of Delays and Disputes in the Saudi Arabian Construction Industry Compared with the Degree of Delays and Disputes in the UK Construction Industry. [USQ Project]


Abstract

This dissertation investigated the significant types of delays that continually occurs in both the Kingdom of Saudi Arabia (KSA) compare to the degree of delay in the United Kingdom (UK). Types of delays are not limited to the investigated delays in this topic, but due to the limitation of the study, the student has focused and analysed the essentials of occurrences that expect to face the practitioners in that field in constant. The study has focused and analysed the substantial types of claims and disputes in both KSA and UK industries. The thesis is predicated on the qualitative method, in which the methodology of the paper is divided into six chapters. Chapter 1 is the background of the construction industry in KSA as this field is the basis of the study. The study is drawn and covered by five main objectives as (1) Undertake a detailed literature review to investigate the types and causes of delays that cause disputes in the Saudi Arabia construction industry. (2) Undertake a detailed literature review to identify the causes of delays that cause disputes in the UK construction industry and how they are settled. (3) Consider approximately four construction projects as examples of the effects of significant delays. (4) In the example, projects, focus on key contractual clauses related to the claims. (5) Present an actual case study of a delayed project from the student’s experience that has documented evidence to support the disputes.

The literature review investigated the significant types of delays, which are classified into critical and non-critical delays. Critical delays are activities placed on the critical path of the project schedule, and its float time is zero. In such delays, the deadline for the project will be affected, and the total duration might be prolonged. Whereas, non-critical delays occur within the activities that are not located on the critical path, which might not affect the whole project time. Cause of delays could be related to internal factors in the project such as contractor, client, and consultant interference, whereas external factors that cause delays those out of the project parties' control such as force major, weather, and changes in legislation. Essential types of claims in construction were investigated in the literature review, for example, contractual claims, common law claims, quantum merit claims, and Ex-gratia claims. Contractual claims those related to the conditions of a project contract, whereas claims under common law such as breach of a contract. Quantum merit and ex-gratia claims are those not have a basis on the contract conditions, which in case of such claims, the basis will be based on the project party’s evaluation.

The field survey part has included four extensive examples from the KSA and UK construction industry, which each example is a complete project. Three cases were from KSA are related to contractual relations between the owner and the contractor, whereas 1 case was due to improper design. Using a traditional contract instead of using the standard form in KSA is one of the major causes of claims. Because in usual, drafting a traditional contract agreement is not always well interpreted for both the project parties. Another dispute case collected from the UK industry based on direct connection form the student, which the case was about changes in scope from the owner, and improper design as well. A sperate complete chapter 4 is a real case study from the student experience which he was involved. The major problem, in that case, was also due to the weaknesses of the contract conditions. This study recommended using a standard form of contract in KSA private sector rather than using a conventional bespoke based on each project. The public sector in KSA is to use a local form (PWC), based on FIDIC. Using a schedule with regular updating is essential because most of the extension of time claims are raise from the absence of the program. In the UK construction industry, BIM is become mandatory to be used from construction companies because it can save time, cost, and mitigate risk and conflict.


Statistics for USQ ePrint 43086
Statistics for this ePrint Item
Item Type: USQ Project
Item Status: Live Archive
Additional Information: Bachelor of Engineering (Honours)(Civil Engineering)
Faculty/School / Institute/Centre: Current - Faculty of Health, Engineering and Sciences - School of Civil Engineering and Surveying (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Health, Engineering and Sciences - School of Civil Engineering and Surveying (1 Jul 2013 -)
Supervisors: Thorpe, David
Date Deposited: 25 Aug 2021 23:47
Last Modified: 25 Aug 2021 23:47
Uncontrolled Keywords: Claims, Disputes, Common Law, PWC, BIM, FIDIC
URI: http://eprints.usq.edu.au/id/eprint/43086

Actions (login required)

View Item Archive Repository Staff Only