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|Title||Investigation of FIDIC Clauses Dealing with Construction Project Performance|
|Title in Arabic||بحث بنود عقد fidic التي تتعامل مع اداء مشروع الانشاء|
Construction contract types and general conditions clauses have a major influence on the likelihood and degree of project success. InPalestine, the FIDIC contract is widely used in the construction projects. The main aim of this study is to investigate the impact of selected FIDIC clauses on the construction project performance to disclose its impacts on six measures of project performance: cost, schedule, quality, safety, and owner and contractor satisfaction. This study aims to identify contractual clauses that tied to project performance and elicit the contract parties' views on FIDIC contract articles to ensure that the contract is satisfactory for its users. In addition, this study aims to evaluate the most important clauses for both of contractors, owners and consultants regarding fundamental views when developing successful contracting relationships. The objectives of this study have been achieved through studying seventy-nine questionnaires distributed to 38 contractors, 30 owners and 11 consultants. The study findings indicate that the most important contractual articles or (groups) of (FIDIC, fourth edition 1987, reprinted 1992 with further amendments) which tied to/and affect project performance and considered crucial to project success are the engineer and engineer's representative - contract documents - general obligations - suspension- commencement and delays - alterations, additions and omissions - procedure for claims - certificates and payment - special risks - release from performance and settlement of disputes clauses. The study results prove that the previously mentioned FIDIC clauses have significant impact on construction project performance, and are satisfactory to the contract parties. The contract parties consider the text of these clauses clear and treat the clauses' issues properly. The results of this study recommended contract parties to apply the FIDIC clauses precisely, and in particular, the previous mentioned FIDIC clauses. The engineer's role should mean an authorized neutral engineer by the approval of the employer with the duties specified in the contract. To achieve clear contract documents, there must be common understanding only realized with open and honest communications between the contracting parties prior to contract execution. To avoid misunderstanding where interpretation of these clauses is different, there must be a process that encourages discussion and negotiation of how the risk should be shared under contract. The results of the study recommended in case of delay, the party who is responsible for a delay must be determined before agreement on any contribution of the delay. Variations should not invalidate the contract or in turn, lead to disputes. Changes in projects must be dealt with seriously as beneficial and valuable lesson. To enhance the chances of a claim success, contractors submitting claims must closely follow the steps stipulated in the contract conditions, provide a breakdown of alleged additional costs and time, and present sufficient documentation. Since the engineer’s role is not generally perceived as neutral in the contractual relationships between owners and contractors, the study results recommended the contract parties to follow the steps of disputes settlement clauses to settle any possible dispute taking into account the role of engineer as a neutral arbitrator.
|Publisher||the islamic university|
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