Disputes between main contractor and subcontractor: causes and preventions

B.K.C. Shivanthi, K. Devapriya, T.P.W.S.I. Pandithawatta
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引用次数: 2

Abstract

Disputes free subcontract is a key to success of modern construction industry which largely depends on subcontracting. Since this effort has to be made on the expense of time and cost, which can be used otherwise to add more value to the project, it is vital to decide an effective mechanism to mitigate subcontract disputes. Considering the need for addressing this fact, this paper aims to investigate causes of subcontract disputes and effective prevention measures. Mixed approach was followed in order to achieve the aim of the study. Thus, a preliminary survey was conducted to validate literature findings and a questionnaire survey was carried out with contractor and subcontractor representatives to identify causes of subcontract disputes and prevention measures. The findings of the preliminary survey were analysed using content analysis technique and data captured through questionnaire survey was evaluated using relative important index and weighted mean. Incompleteness of the contract was identified as the primary reason of disputes in subcontracts. Further, financial issues, risks and uncertainties, collaborative conflicts, opportunistic behaviours of contracting parties and wrong practices also have a significant impact on occurrence of disputes. Proper contract management and proper site management which includes scheduling and effective project management practices were identified as the most effective prevention measures. The contract administrators should identify the things they should necessarily address in the contract and project managers in dispute prevention regards should consider time and cost constraints to prioritize effective prevention measures.
总包商与分包商之间的纠纷:原因与预防
无纠纷分包是现代建筑业成功的关键,而建筑业的成败在很大程度上依赖于分包。由于这种努力必须以时间和成本为代价,而这些时间和成本可以用来为项目增加更多的价值,因此决定一种有效的机制来减轻分包合同纠纷是至关重要的。考虑到解决这一问题的必要性,本文旨在探讨分包纠纷产生的原因和有效的预防措施。为了达到研究的目的,采用了混合方法。因此,我们进行了初步调查以验证文献发现,并对承包商和分包商代表进行了问卷调查,以确定分包纠纷的原因和预防措施。采用内容分析技术对初步调查结果进行分析,通过问卷调查获取的数据采用相对重要指数和加权平均值进行评价。合同不完整被确定为分包合同纠纷的主要原因。此外,财务问题、风险和不确定性、合作冲突、缔约方的机会主义行为和错误做法也对纠纷的发生产生重大影响。适当的合约管理和适当的地盘管理(包括进度安排和有效的项目管理措施)被认为是最有效的预防措施。合同管理人员应确定他们必须在合同中解决的问题,项目经理在争议预防方面应考虑时间和成本限制,以优先考虑有效的预防措施。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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