Development of ECC for infrastructure projects

被引:0
作者
Eldosouky, Adel I. [1 ]
Elkorany, Tamer M. [1 ]
Albayomi, Khaled A. [2 ,3 ]
机构
[1] Tanta Univ, Fac Engn, Struct Engn Dept, POB 31511, Tanta, Egypt
[2] Delta Univ Sci & Technol, Fac Engn, Civil Engn Dept, POB 11152, Gamasa, Egypt
[3] Delta Univ Sci & Technol, Fac Engn, POB 11152, Gamasa, Egypt
关键词
Infrastructure projects; Disputes; FIDIC; AIA; Remarkable directions for contract; improvements; ECC; Albayomi); CONSTRUCTION-CLAIMS; DISPUTES; CONTRACT; ISSUES;
D O I
10.1016/j.asej.2022.102064
中图分类号
T [工业技术];
学科分类号
08 ;
摘要
By covering several potential risks as feasible, a well-drafted infrastructure construction contract decreases the probability of disputes occurring to a significant degree. The Executive Regulations of the Egyptian Tender Law No.182 of 2018 is the governing document for drafting Egyptian Construction Contracts (ECC). However, to handle the requirements of various infrastructure projects, the ECC still requires some amendment additions. This paper sets out a guide that includes a number of amendments to the clauses that contract experts must consider when drafting new contracts in order to prevent potential disputes. This study aims to explore and investigate the major sources of conflicts facing infrastructure construction contracts, as reflected in the literature review and interview results with contract professionals. The methodology mainly incorporates undertaking a literature review, implementing a comparison and analysis of general conditions of the Egyptian, International Federation of Consulting Engineers (FIDIC), and American Institute of Architects (AIA) construction contracts, and presenting international directions for dealing with the causes of conflicts in these contracts. These steps have been followed to propose amendments for the clauses that cause disputes in the ECC while the final step is conducted to verify the amendments' findings through experts' interviews. The findings show that these amendments are of significant importance to be considered while drafting new construction contracts, considering FIDIC 99 (Red Book), AIA A201-1997, and the general conditions of the Egyptian Ministry of Housing, Utilities and Urban Communities are the forms of general conditions that are used for comparison. (c) 2022 THE AUTHORS. Published by Elsevier BV on behalf of Faculty of Engineering, Ain Shams University. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/ by-nc-nd/4.0/).
引用
收藏
页数:16
相关论文
共 66 条
  • [1] Contractual Guidelines for Construction Safety-Related Issues under Design-Build Standard Forms of Contract
    Abdul Nabi, Mohamad
    El-adaway, Islam H.
    Fayek, Sara
    Howell, Cabot
    Gambatese, John
    [J]. JOURNAL OF CONSTRUCTION ENGINEERING AND MANAGEMENT, 2020, 146 (07)
  • [2] Proposed Framework for the Rendering of Construction Contract Document Interpretations by Engineering Professionals
    Abdul-Malak, Mohamed-Asem U.
    Hamie, Jamileh M. K.
    [J]. JOURNAL OF LEGAL AFFAIRS AND DISPUTE RESOLUTION IN ENGINEERING AND CONSTRUCTION, 2019, 11 (03)
  • [3] Explaining the Ineffectiveness of Construction Arbitration
    Abwunza, Allan A.
    Peter, Titus K.
    Muigua, Kariuki
    [J]. JOURNAL OF LEGAL AFFAIRS AND DISPUTE RESOLUTION IN ENGINEERING AND CONSTRUCTION, 2022, 14 (02)
  • [4] Explaining the Effectiveness of Construction Arbitration: An Organizational Justice Perspective
    Abwunza, Allan A.
    Peter, Titus K.
    Muigua, Kariuki
    [J]. JOURNAL OF LEGAL AFFAIRS AND DISPUTE RESOLUTION IN ENGINEERING AND CONSTRUCTION, 2021, 13 (03)
  • [5] Adriaanse MJ, 2016, CONSTR CONTRACT
  • [6] Al-Momani A.H., 2000, INT J PROJ MANAG, V18, P51, DOI DOI 10.1016/S0263-7863(98)00060-X
  • [7] Albayomi KA. M.Sc, 2022, THESIS TANTA U
  • [8] Impact of Variation in Estimated Quantity Clauses on Allocating Financial Risks in Measurement Contracts
    Alhyari, Omar
    Hyari, Khaled Hesham
    [J]. JOURNAL OF LEGAL AFFAIRS AND DISPUTE RESOLUTION IN ENGINEERING AND CONSTRUCTION, 2021, 13 (04)
  • [9] Alsugair AM, 2011, J KING SAUD U, P1
  • [10] American Institute of Architects AIA, 1997, A201 AIA, V15th