Claim management framework under FIDIC 2017 contractor’s perspective in the Emirate of Dubai

Elghrory, Ahmed Kamal Ibrahem (2022) Claim management framework under FIDIC 2017 contractor’s perspective in the Emirate of Dubai. Doctoral thesis, Universiti Teknikal Malaysia Melaka.

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Abstract

The construction industry within the Emirate of Dubai in the United Arab Emirates (UAE) has significantly improved, particularly over the last twenty years, demonstrating significant and outstanding developments. This improvement faced a cyclical rise and fall in the UAE economy. This led the UAE is experiencing a high level of construction claims which are nearly recognized in each project. The contractors usually claim either additional time and/or additional cost pursuant to FIDIC 2017 clauses and procedures for a circumstance not specified in the original contract. There are three main issues facing construction claim preparation and submission consisting of documentation, staff, and communication issues; as a result, this heightens the risk for a contractor to lose their entitlements. The lack of consideration provided to the significance of record and document keeping and the unavailability of a separate document control system for the contractor’s claims will make the claims preparation and submission more sophisticated and will increase the chance to be rejected by the engineer. The main purpose of this study is to develop a well-structured framework that is able to manage the contractor’s claim process from initiation until submission from the management and contractual perspectives. A mixed-method study focusing on the qualitative method rather than the quantitative method was adopted by conducting semi-structured interviews with 43 claim management experts, with at least 15 years of experience at contractor firms, in the Emirate of Dubai. The existing claim management practices that were studied, including the types of claims, the claims procedure under FIDIC 2017, and Claims Management System (CMS) features were analyzed in depth. Three types of claims were explored that the contractor submits under FIDIC 2017 subclauses, which can be classified under Extension Of Time (EOT), prolongation claim, and acceleration claim. Furthermore, 11 features were defined as essential for CMS to improve the contractor’s claim preparation and management. The top three ranking factors are tracing claim status, supporting different kinds of documents, and a centralized database. This research contributes to the greater body of knowledge by developing a Claims Management (CM) framework that contractors can utilize to guarantee their claims are administered and submitted successfully. The proposed framework is constructed on three different input data types: project data, event data, and contractual support. Eight types of smart engines were presented in the proposed framework: notification engine, filter engine, identification engine, organize engine, impact engine, report engine, administration engine, and security engine. The proposed framework was verified by seven experts who gave positive feedback regarding the capability in addressing the claim preparation and submission process and reducing about 53%, on average, of the analyst’s document search time because of the ability of the proposed CMS framework to elect the related document to the claim event successfully. Among the advantages, the proposed framework can provide a platform for communications between the contractor’s team. Moreover, it can provide contractual support to the contractor’s claim which assistances in the claim’s substantiation by providing the clauses and procedures of claim preparation under FIDIC 2017.

Item Type:	Thesis (Doctoral)
Uncontrolled Keywords:	FIDIC form of contract, Construction contracts, Claims Construction industry, Law and legislation
Subjects:	K Law > K Law (General)
Divisions:	Library > Tesis > FPTT
Depositing User:	F Haslinda Harun
Date Deposited:	16 Oct 2023 10:06
Last Modified:	03 Jan 2024 08:55
URI:	http://eprints.utem.edu.my/id/eprint/26905
Statistic Details:	View Download Statistic

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