Claim Causes and Types in Indian Construction Industry - Contractor’s Perspective

Mohammed Taha Al-Qershi^1, and Ravande Kishore¹

¹Department of Civil Engineering, University College of Engineering, Osmania University, Hyderabad, Telangana, India

Cite this paper:
Mohammed Taha Al-Qershi and Ravande Kishore. Claim Causes and Types in Indian Construction Industry - Contractor’s Perspective. American Journal of Civil Engineering and Architecture. 2017; 5(5):196-203. doi: 10.12691/ajcea-5-5-3

Abstract

The number and frequency of claims in the current context of very complex and heavy budgeted projects in India are noticeably high which have negative impacts on the budgetary of owners and cause losses of liquidities and restrictions in cash flow for contractors. This study is conducted to determine the main causes of claims and their sources in Indian construction industry. Further, the study is conducted to determine the frequency of different claim types in Indian construction projects, and to provide recommendations and suggestions to avoid/mitigate claims in Indian construction industry. The objectives of the study have been achieved through a valid questionnaire that was distributed and obtained from different contractor’s construction organizations working in Indian construction industry. The results showed that the most important factors that contributed to the generation of claims are delay in handing over site, variation between actual and original quantities, excessive change orders by owner, delay of shop drawings approval by owner’s representative, and scope change of the project. The results also showed that the most frequent claim type in Indian construction projects is extra-work claims.

Keywords:
claim construction dispute

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References:

[1]	Asem M., Abdul-Malak, U.,Mustafa, M., El- Saadi, H., and Abou-Zeid, M., “Process Model for Administrating Construction Claims” Journal of Management in Engineering, 18 pp 84-94. 2002.
[2]	Jha, K. N., Determinants of Construction Project Success in India, Springer Dordrecht Heidelberg New York London, 2013.
[3]	Levin, Construction Contract Claims Changes & Dispute Resolution, Second Edition Boston: ASCE Press, 1998.
[4]	Diekmann J.E. and Nelson M.C., “Construction claims: frequency and severity”, Journal of construction Engineering and Management, 111 (1), 74-81. 1985.
[5]	Jergeas, G. F. and Hartman, F. T., “Contactors’ Construction-Claims Avoidance”, Journal of Construction Engineering and Management, 120 (3), 553-561, 1994.
[6]	Adrian J. J. Construction Claims: A Quantitative Approach, Prentice-Hall, New Jersey, 1988.
[7]	Zaneldin, E. “Construction claims in United Arab Emirates: Types, causes, and frequency” International Journal of Project Management, 24453-459, 2006.
[8]	Chaphalkar, N and Iyer K C., “Factors Influencing Decisions on Delay Claims in Construction Contracts for Indian Scenario” Australasian Journal of Construction Economics and Building, 14 (1) 32-44, 2014.
[9]	Chaphalkar, N. B. and Sandbhor Sayali S., “Application of Neural Networks in Resolution of Disputes for Escalation Clause Using Neuro-Solutions.” KSCE Journal of Civil Engineering, Korean Society of Civil Engineers, 2015.
[10]	Abd El-Razek, M. E., Bassioni, H. and Abd El-Salam, W. “Investigation into the causes of claims in Egyptian building construction”. In: Boyd, D (Ed) Procs 23rd Annual ARCOM Conference, 3-5 September 2007.
[11]	Enshassi A., Mohamed S., El-Ghandour S., “Contractors’ Perception towards Causes of Claims in Construction Projects” The International Journal of Construction Management, 2009.
[12]	Al-Mohsin M., “Claim Analysis of Construction Projects in Oman” International Journal on Advanced Science Engineering Information Technology, vol. 2, no.2, 2012.
[13]	Sibanyama G, M Muya, and C Kaliba. “An Overview Of Construction Claims: A Case Study Of The Zambian Construction Industry” The International Journal of Construction Management (2012) Vol.12 No. 1, 65-81, 2012.
[14]	Mohamed H. Hossam, Ibrahim H. Ahmed and Soliman A. Asmaa, “Reducing Construction Disputes through Effective Claims Management”, American Journal of Civil Engineering and Architecture., Vol. 2 No. 6, 186-196, 2014.
[15]	Chan DWM, and Kumaraswamy MM, “A comprehensive study of causes of time overruns in Hong Kong construction projects” Int. J project Management 1997; 15(1):5563.