The
construction industry is one of the largest industries in Vietnam. In recent
years, the construction business has expanded rapidly. Most construction
projects are large and more complex than they were in the past. Inevitably
consequences are complicated and difficult problems existed in every steps of
construction process. The owners required the all parties involved to complete the
project on time, within the budget and with high quality and the Construction
Management Team has taken an important role to integrate and to manage all these.
Every party involved (e.g. the owner, the contractor, the designer, and the
Construction Management (CM)) must take their own roles according to the
pre-agreed responsibility written in the contract which will make project works
efficiently because the construction contracts are covered by laws.
The
construction contract is the most important key for project accomplishment.
Each party concerned should be satisfied and accept to follow it. The contract
will recognize and also influence organizational setting, and process of
payment. Whenever one violates the contract, the dispute conflicts and delays
are usually occurred.
Hence,
weakness of capacity from owner side in contract management lead to the cost of
project overrun compared with estimated cost. It can rise from the shortcoming
of preparing of project inception such as:
• - Poor scope of project, definition and control.
• - Clients’ design changes.
• - Inadequate preparing for bill of quantity (BOQ).
• - Various types of construction contract.
• - Change orders in construction phase
Besides,
there are a number of contractual risks which owner can face as the following:
• - Unclear contract clauses.
• - Misunderstanding.
• - Different scope of contract.
• - Insufficient tendering.
• - Different working conditions of contract.
• - Delay in signing contracts.
• - Inadequate in types of contract.
Ms.
Le Hong Ha made a research aimed to:
1.
identify the critical success factors of owner’s contract management for
building projects in Vietnam
2.
study effective owner’s contract management that affect project performance.
Conclusion
1. The critical factors of owner’s contract management for
building projects in Vietnam
At
first, the ranking by three main parties of project (owners, contractors, and
consultants) was conducted to discover the critical success factors of owner’s
contract management based on the view of five groups.
Based
on the result, the top ten critical success factors of owner’s contract
management for building projects in Vietnam are: (1) Employers/ Engineers
clearly prepare tender documents (such as: letter of invitation to tender,
instructions to renderers, conditions of contract, etc…), (2) Proper technical
review of requirement before assignment to contract specialists, (3) Fair
progress assessment, (4) Employers/ Engineers complete contract requirement
package, (5) Employers/ Engineers obtain performance security from contractor,
(6) Customers understanding their role in the contracting process, (7) Good
communication with customers/contractors, (8) Employers/ Engineer prepare
contract documents signing of contract, (9) Timely receipt of quality contract
requirements packages, (10) Clear line of authority in making decision and
problem solution.
2. The effects of owner’s contract
management in building project performance in Vietnam
Almost
groups of owner’s contract management have correlation with three effects of
project performance, including time performance (schedule), cost performance
(budget) and customer satisfaction.
(i) Time performance
Time
performance has correlation with almost groups of owner’s contract management,
which created by the special character of project. The consequence described
that all success factors of owner’s contract management can impact to time
performance. However, there are some relative factors with the character of
project such as time line of contract is too short/ not appropriate, legal and
disputes, penalties of are not enough power to make certain the implement of
process, type of construction contract (DBB, DB…), etc...
(ii) Cost performance
Normally,
cost performance will be lead by time performance. Therefore, the correlations
between these success factors and cost performance are the same with time
performance. This study identifies that almost groups of owner’s contract
management impact to cost performance.
(iii) Customer satisfaction
Customer
satisfaction is measured through dispute, claims; express the satisfaction
about the progress. In fact, contract requirement and condition-related,
workforce-related, process-related, relationship-related and leadership-related
factors are the major success, which affect the owner’s contract management
during construction phrase. Furthermore, the contract content is an important
thing to the owners. The contractual clauses are provided well and clear they
will become the source of lots successes in the next stage.
Her thesis abstract is copied below.
Abstract
For construction project, contract is the
most important key for project accomplishment. Every party concerned should be
satisfied and accept to follow it. The contract will identify and also
influence organization setting, payment process. Whenever one violates the
contract, the dispute conflicts and delays are usually occurred. Besides,
contract is the most important to every project’s participation such as owner,
contractor, consultant, vendor, supplier, etc…In decade of construction
industry, the traditional delivery known as Design-Bid-Build and Design-Build
delivery is widely using in building projects. Critical success factors have a
direct impact on organization’s project management and contract management
process as well as resulting outcomes.
Thus, the purpose of this study is to identify and rank the success
factors in owner’s contract management as well as to determine the factors that
effectively help the owners to manage contract .The study is based on quantitative research, using questionnaire for data
collection and utilizing SPSS software to analyze the data.
The survey of this study was implemented
in two big places in Vietnam – Ho Chi Minh City, Binh Duong province. The outcome
of data analysis is the ranking of factors in contract management that will
help increase the attention of the Vietnamese owners to the critical ones which
might threaten their project success.
Key words: Construction Contract
Management, Contract Management, Design-Bib-Build, Design-Build, Construction
Phrase, Project Delivery, Project Management, Project Owner, Success Factor.
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