Causes of Disputes Prepared by : Ali Jamous Jasser Dwiekat

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Presentation transcript:

Causes of Disputes Prepared by : Ali Jamous Jasser Dwiekat Thaer Qashou Mutasem Salman Supervisor : Eng. Hussin Abu Zant

Agenda Introduction of project. Methodology. Causes Of Disputes. Case Study. Questionnaire . Analysis & Results . Software Program . Conclusion and Recommendation .

Introduction Definitions Of Disputes : Conflict between contractors and owners . Contract : Legal documents between two parts . Objectives : - Highlight the main causes of disputes . - Minimize the causes of disputes .

Methodology Gathering data . Design the layout of questionnaire . Arbitration of questionnaire . Analysis of questionnaire . Searching about the solutions . Making computerize software .

Causes of disputes Disputes caused by owner . Disputes caused by contractors . Disputes caused by general conditions .

Case study An agreement was signed between two parties, the owner and the contractor, on the construction of a building consisting of two big floors . Both parties agreed for another side to arbitrate the dispute. After the agreement on the third party had been the established, there was an agreement over the rules of the third parties judging, wherein the two parties explained their disputes, they agreed on arbitration without any dispute.

Summary judgment: Communication was done between the parties and the agreement to resolve all shortcomings, the contractor must pay the following amounts according to these details.( since the contractor will not complete it) Item Amount (NIS) 1- Pouring concrete for the last Midmak . 330 2-Clean the roof slab from any residue of concrete 200 3-clean all rubbish around the building 500 4-completion of the block partitions (repair) 450 5- Repairing granite staircase at the entrance 400 6- Repairing and cleaning of the Man-hall at the entrance of the building 7- Shortened limbs bricks at the Windows 200 of slots in the kitchen (8 sides) 100 8-Internal Burtash 200 TOTAL 2400NIS = 438 JD The amount due for the second group(contractor) is 3075. Discount on second team shortcomings 438. Installing Burtash= 182 JD. Thenet amount to the second party is 2450 JD.

The method the arbitrator used for the conflict : The arbitrator made sense of the conflict by changing all forms of the conflict into quantities so that they be calculated and then converted into a sum, in dinar, and then totaling that sum and then subtracting all of the missing work, then reconciliation will be done.

Questionnaire

Analysis & Results The highest degree was affected the disputes was (reasons related to other conditions) . The main issue caused by contractor as resulted from questionnaire is the lack of planning . the main issue caused by owner that resulted the disputes between owner and contractor was the late answers for the contractor questions . The main item that has the highest effect is the rising prices of substances .

shows that the highest causing of disputes are the companies of lower capitals . the highest causing of disputes are the companies of lower age (1-4) year . The main Company classification that has the highest effect is category No. 1 (first class). shows that the highest category will caused disputes of companies that administrated by lower education

Software Program The main advantages of the program are : Easy to use Friendly use Applicable Easy to track Not complicated ( no need for operating programs ) free to use  

Conclusion The main cause for disputes are those related to general conditions. The main cause of disputes relating to contractor is lack of planning programs. The main cause of disputes relating to owner is the late answers to the contractor’s questions and interpretations. The main cause of disputes relating to other conditions is a raising of the cost of substances.

The highest causing of disputes are the companies of lower capitals The highest causing of disputes are the companies of lower age (1-4) year The main Company classification that has the highest effect on causes of disputes is category No. 1 (first class) The highest category will have caused disputes of companies that administrated by lower education

Recommendation The owner should pay for contractor all his deserved payments The contractor should take care and doing a high effort in planning stage of project. The contractor should read all documents, and compare between bill of quantity and the drawings to avoid any conflicts. The owner should prepare very well for the bid documents it orders to remove any contradiction with the list of quantities

The owner should prepare very well for the bid documents it orders to remove any contradiction with the list of quantities The owner should give studied responses about the contractor's questions which cannot hinder the project items. Documentation Commitment of all contract parties in implementing the project items Pre-preparing of samples required for the project to avoid any delay may occur , thus avoid of disputes.