Generally, construction’s conflicts arise from a problem that
has not been resolved by daily management and the parties. Traditionally, even
in current contractual provisions too, owner or consultant continually
transferring the risks to the contractors, which have been resulted high
contingencies to their bids to cover the costs of risk (Acharya et al.,
2006). However, problems can be originated from various sources, for example,
nature of a project, contract system, outside forces, etc, that can lead to
conflicts. The nature of a project can produce problems as it is complex,
uncertain, dynamic environment, and the most fragmented industry.
Uncertainty in the project can lead to conflicts as every
detail of a project cannot be planned before work begins. When uncertainty is
high, initial drawings and specifications will be likely to change, and the
project members will have to resolve problems during the construction.
Moreover, according to Barrie and Pualsan (1992), the construction industry is
a paradox in many ways. Each of its elements, designers, contractors,
regulators, consumers, suppliers, and crafts, can be highly skilled in its own
area, yet there is a little general perspective on how all the pieces fit
together.
Furthermore, the construction contract itself may be the
source of problems that lead to disputes and conflicts. As for construction
projects, it is very difficult to state expectations and requirements with
precision in any written agreement. Potential problem areas include
ambiguities, omissions, conflicts, adjustment clauses, multiple prime
contracts, fast-track construction, and unrealistic performance time.
A building or civil engineering project can commonly span 5,
10 or more years from the initial concept until settlement of the final account
and/ or resolution of all claims. This considerable time span has four
significant phases: (1) pre-tender; (2) contract formulation; (3) construction;
and (4) post-completion, relative to the life cycle of claims which might arise
on the project (Hughes et al., 1992). In addition, according to Adnan
Enshassi et al. (2008), construction disputes and conflicts can occur in
both publicly and privately funded projects, and in projects with small, as
well as large funding. Also, conflicts can occur between the owner (and owner’s
representative) and a contractor and between a contractor and a subcontractor.
Therefore, all participants on the project should fully understand the claim
process.
As there are many causes that can lead to conflict in the
construction, for example, change or variation orders, delay caused by owner,
oral change orders by owner, and etc, analyzing the various types and causes of
conflicts is an important task to resolving these conflicts (Ren et al.,2003).
Since project participants are becoming more aware of the high costs and risks
associated with conflicts and their litigation. As the costs of dealing with
them often is greater than the cost of dealing with the problems when they
first arise. Therefore, it is important for all participants in the project to
be committed to solving problems as they crop up. The figure below shows the “Escalating
Nature of Problems”
Mr. Porntanat Kongsrisawat made a case study to emphasize
potential problems which are engendered from the construction contract and
claim identification process. Problem areas in the construction contract are
multiple prime contracts.
Multiple
Prime Contracts
Generally, multiple
prime contracts, the owner contracts directly with the several major
specialized trades’ contractors. Typically, multiple prime contracts consist of
general construction, HVAC (heating, ventilating and air conditioning),
plumbing, electrical, site work, and any special construction as shown figure
below.
Bramble et al. (1990) states that many industry
commentators have bemoaned the problems of multiple prime contracts. Problems
may arise from multiple prime contracts as the responsibility for coordinating
among them usually falls upon the owner. As a result, the separate prime
contractors have to coordinate among themselves that no one contractor has
contractual authority or economic power to necessitate the other contractors to
carry out in a certain manner. Another problem is the lines of responsibilities
and accountability under multiple contracts is less clear than a single
contract system. So, one party may exceed the bounds of its responsibilities
and infringe upon the other’s responsibilities. On the other hand, some tasks
may not be carried out by any party as a failure to fulfill the contractual
responsibilities. Such a problem can be led to an interference claim.
The problem as
“Difficulties in detecting any problems during the work due to high workload”
is very interesting as any problems are seedbed that can lead to claim. If we
can identify the problems then the next process of claim management can be
performed with the right manner. In addition, it is very important for
detecting problems as we can provide in all fairness to the party who suffered
from such problems.
In order to clearly identify the scope of work and
responsibilities of many contractors in relation to each other, the objectives
of Mr. Kongsrisawat’s research were to: (i) explore and
investigate interface problems that lead to conflict issues during construction
phase among multiple prime contractors; (ii) investigate the existing practices
according to the interface management that lead to conflicts among multiple
prime contractors in accordance with the first objective; and (iii) propose
recommended practices of proper coordination to prevent problems among multiple
prime contractors.
Conclusion
Coordination in
construction phase which leads to make efficient flow of working among multiple
prime contractors is the main aim of this research. To achieve this aim, this
research was conducted to achieve these three main objectives: (1) To explore
and investigate interface problems that lead to conflict issues among multiple
prime contractors involved in high-rise building construction; (2) To
investigate the existing practices according to the interface management that
lead to conflicts among multiple prime contractors on the construction site;
and (3) To propose recommended practices of proper coordination to prevent
problems among multiple prime contractors in construction project.
The research began by literature review to investigate the
interface description and coordination task. The problems among multiple prime
contractors in construction phase were verified by gathering data from the
construction site in Thailand construction to fulfill the first objective.
Continuing, the researcher investigate the existing process of management
related with 4 main category of work; planning/ scheduling, coordination,
controlling, and procurement that lead to problems.
Research
Findings
1. Key Personnel Job Responsibility in
Construction Phase in High-Rise Building
Project
The first objective of this research found the key functional
responsibility of the owner, construction manager, project manager, project
engineer, and senior site engineer. It would be useful for them to avoid
overlapping of responsibility during construction phase as there are a lot of
activities for performing. The personnel responsibility has been arranged into
the 5 main category of work which including planning/ scheduling, controlling,
procurement, coordination, and law. Besides, this study is also concentrate on
problems that arise during construction phase which has impact on time, cost,
and quality of the project. After getting all activities in each category of
work as in the first part, the table of personnel responsibility by interview
is fulfilled all activities and who to responsible for them.
2.
Recommendations for Proper Coordination to Prevent Problems among Multiple
Prime Contractors
Coordination of
drawings and specifications are considered as the most priority during
management in construction enterprise as it provides the smooth in process of
working among multiple prime contractors. In order to accomplish the project
on-time within budget, all obstructs need to be eliminated, reduced, or
controlled. Recommendations for making effective and proper coordinate are the
last part of thesis findings, and they were summarized in table below.
3. Summary of Recommendations
for making proper coordination among multiple prime contractors is tabled
below.
His thesis abstract is copied and pasted below.
Abstract
The characteristics of construction projects are always multidisciplinary, large, and required many different parties to participate during execution period. During certain stages, some phases may very often be undertaken simultaneously, requiring major efforts in terms of the coordination and communication between the participants. However, the principal person charged with coordination in construction projects delivered through construction management is the construction manager (CM).
However, some of the disruptions that might be occurred during execution stage, especially conflicts among the participants are originated from the contractual arrangement. The type of contract that generates problems and lead to conflicts is multiple prime contracts which highly been applied by the employer nowadays as it provides lower cost to the employer when compare with another type of contract, single contract. The multiple prime contracts, the owner will contract directly to prime contractor, including General Contractors (structural and architectural works), M/E Contractor (sanitary system, electrical system, air-conditioning system works), Finishing Contractor, Aluminum Contractor, and Interior Contractor. According to the schedule of the project, some works they have to perform work together at the same time which work of one prime contractor can affect to another prime contractor. As a result, those problems will effect to the project in term of time, cost, and quality. To prevent or reduce problems among multiple prime contractors, the employer and employer’s representative must play a significant role in managing them.
From the research, to avoid problems that can lead to conflicts in the construction project among the participants, especially the employer, employer’s representative, and prime contractors, they have to concern the source problems areas. The origin of problems that they have to concern is drawings and specifications, coordination with related parties, and material and equipment.
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