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 |