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|Title||Claims Causes and Management Process in the Construction Industry in the Gaza Strip|
|Title in Arabic||اسباب وادارة المطالبات في قطاع الانشاءات بقطاع غزة|
Construction industry is considered an important sector for the development in Gaza Strip. A key factor to successful construction project is to complete the project without any claims occurrences. The aim of this research is to identify and evaluate the existing claim management process in construction industry sector, and then propose recommendations. To achieve the goal of this study, 83 contractor questionnaires and 101 owner questionnaires have been distributed, filled, completed by the informants, and then analyzed by the researcher. In addition, four actual case studies have been collected from construction project implemented in the Gaza Strip. The questionnaire is divided into two parts. The first part dealing with the causes of claims occurrence; these causes have been categorized into four groups (1. Claims Factors Caused by Owner, 2. Design and Bill of Quantity, 3. Contractual Relationship Factor, and 4. Emergency Cases). The second part is searching identification of claim management procedure followed in claims process, the claims management procedures are classified into six groups (1. Claim Identification, 2. Claim Notifications, 3. Claim Examination, 4. Claim Documentation, 5. Claim Presentation and 6. Claim Negotiation) and the particular claims (Time Extension Claims, Claims form of Change Orders, and Related Claims of Design). Relationship among the above mentioned factors (variables) is investigated by using statistical tests. In the first part of the questionnaire, the study has showed that one of the important in claims with regard to owners group is the residence interference during project implementation ; a factor which led to suspending the project activities. As for the group of design and bill of quantity, the study has showed vagueness in project design and bill of quantity led claim occurrence between the contractor and owner. Regarding the third group which is concern with contractual relationship, the study has revealed that awarding contract to the lowest offer resulted in claim occurrence between the contractor and owner. As far as the fourth group is concerned, the emergency cases the study has showed that the border closure and main road closure resulted in delaying project activities and increasing materials price, which caused the contractor to present claims to the owners. In the second part of the questionnaire, regarding the administrative procedures followed to handle claims, the study revealed that both contracting parties, the owner and the contractor, are having problems in handling claims. The supervision team of the former was lacking the proper experience to handle claims, and the latter party, the contractor failed to notify the owner side in the suitable time. The study has also showed that there had been no documented procedures that could be tracked when checking claims. In addition, the study has concluded that both the contractor and the owner had shared the same view concerning the lack of documentation during the project implementation activities; many of those activities had not been formally and professionally documented. Also, the study has demonstrated that the contractor did not present claims within a certain period of time nor did he presented it in a clear- cut manner. Finally, the study has concluded that neither the owner's side nor the contractor's had the qualified team to run negotiations about claims. From the four actual collected case studies the study concluded that direct negotiation between the two parties has been found out to be the best means of solving claim issues because recourse to arbitration or court deliberations was found out to be time consuming and costly for both parties. Therefore the study recommends that there is a need to standardize construction engineering contract, especially public construction project contracts through establishment of a committee that consists of related ministries working in construction public projects, contracting union, engineering syndicate, lawyer syndicate and specialist engineering consulting firms. Moreover, the study recommends that it is essential that contracting companies of various classifications and owners of public organization take training program especially on construction and claim management in order to assist them in setting up their organizations. Finally; it is recommended that the two parties document and keep records of all agreement and activities in order to prove claim.
|Publisher||the islamic university|
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