Institutional-Repository, University of Moratuwa.  

Investigation on the impact of engineer's determinations : a case of Sri Lanka based on fidic 1999 red book

Show simple item record

dc.contributor.advisor Disaratna PAPVDS
dc.contributor.author Samanmali IMR
dc.date.accessioned 2022
dc.date.available 2022
dc.date.issued 2022
dc.identifier.citation Samanmali, I.M.R. (2022). Investigation on the impact of engineer's determinations : a case of Sri Lanka based on fidic 1999 red book [Master's theses, University of Moratuwa]. Institutional Repository University of Moratuwa. http://dl.lib.uom.lk/handle/123/21801
dc.identifier.uri http://dl.lib.uom.lk/handle/123/21801
dc.description.abstract Construction industry is emerging day by day with their products having innovative and complex features. Due to the complexity of the projects, occurrence of disputes is inevitable. Accordingly, various types of disputes are arising in the construction industry. Sometimes, disputes occur due to the Engineer’s unfair Determinations and/or unilateral rejections of the Contractor’s Claims. Since these disputes are finally settled through the ADR process, both Parties have to suffer incurring additional time and costs. Hence, it becomes a serious issue which shall be addressed and to suggest the strategies/solutions to overcome the Engineer’s unfair Determinations. This research problem was approached through the case study of four number of completed Projects in Sri Lanka which were based on FIDIC Conditions of Contract. Semi structured interviews were conducted with five number of experts who are possessing experience as the Engineer for the Contract and involved in ADR process. The collected data were analyzed in terms of cross case analysis and manual content analysis. Documentation review was carried out to identify the effects and/or consequences of the Engineer’s unfair Determinations and unilateral rejections of the Contractor’s claims. Furthermore, identified reasons and strategies to overcome the Engineer’s unfair Determinations which were obtained through expert interviews are presented in the conceptual framework presented in the Chapter four. Findings of the research revealed that, most of the disputes occurred due to the Engineer’s unfair Determinations and/or unilateral rejections of the Contractor’s claims which have been overruled by the Decisions /Awards of the ADR methods in the selected cases. The research found that, aforesaid Engineer’s unfair Determinations resulted the Parties to suffer incurring additional time and costs which could be prevented if the Engineer has correctly and fairly issued their Determinations. Thus, the research recommends to the industry practitioners to follow the identified strategies and solutions to prevent these unnecessary time and costs spend in terms of resolution of the disputes by way of ADR methods. en_US
dc.language.iso en en_US
dc.subject ADR en_US
dc.subject CONSTRUCTION CONTRACTS-Sri Lanka en_US
dc.subject DISPUTES en_US
dc.subject ENGINEER en_US
dc.subject PARTIES en_US
dc.subject CONSTRUCTION LAW AND DISPUTE RESOLUTION – Dissertation en_US
dc.subject BUILDING ECONOMICS - Dissertation en_US
dc.title Investigation on the impact of engineer's determinations : a case of Sri Lanka based on fidic 1999 red book en_US
dc.type Thesis-Abstract en_US
dc.identifier.faculty Architecture en_US
dc.identifier.degree Master of Science in Construction Law and Dispute Resolution en_US
dc.identifier.department Department of Building Economics en_US
dc.date.accept 2022
dc.identifier.accno TH4913 en_US


Files in this item

This item appears in the following Collection(s)

Show simple item record