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((Organizing relationship between the Owner and Contractor involved in construction project at Palestine)) By: Maw`ed Abu Shamleh Malaak Hamaydi Supervisor: Eng. Reema Nassar
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Outline Introduction Objectives Literature Review Methodology
Data analysis Conclusion Recommendations
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Introduction The construction industry is a sector of the economy that transforms various resources into constructed physical economic and social infrastructure necessary for socio-economic development. Civil engineering construction is an important area of the construction industry. This area specializes in building, roads, bridges, tunnels, and other infrastructure.
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Introduction (cont.) Any construction project typically involves a number of parties with different interests in the completed works. The main parties are contractor, owner and designer. every party has an important role in development of the construction process.
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Statement of the problem
Construction sector in Palestine suffers from many problems , The majority of these problems summarized in the disputes that occur between the owner and contractor which have an adverse effect on the construction project.
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Project objectives Identify the duties and responsibilities of the owner and contractor to be able to investigate the familiarity of the two parties with the rules implemented by FIDIC. Clarify the disputes that occur between them and the causes of these disputes. Organize the relationship between the two parties to avoid the conflicts in future projects.
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The relationship between the parties according to FIDIC
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The responsibilities of two parties:
Owner : Provide the tender documents Right access to the site Financial arrangements Receipt the completed work
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Contractor : Execution and completion the work. The quality of work Remedy any defects in the work Submit details of the arrangement and methods that proposes to adopt for the execution of the works.
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METHODOLOGY
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Methodology
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Data Analysis In order to achieve the project objectives, data was collected by making interviews with the both parties, then analyze the results according to FIDIC.
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Interviews Interviews were prepared as a part of this research and made with two parties, owner and contractor. The interview consists of two sections: Familiarity of FIDIC Disputes
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Analysis of Contractor`s interviews
The majority of contractors approved that they have an adequate experience in FIDIC but they see that it is unfair, prejudice contract because FIDIC consists of some Gaps such as: Currency fluctuation Supervision
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Analysis of Contractor`s interviews
From the analysis of the interviews, the contractors mentioned some existing disputes that faces with the Owner such as: Financial Disputes Specification Disputes Variation Order Operating and maintenance Disputes Supervision Disputes
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Analysis of Owner`s interviews
The majority of Owners approved that their experience in FIDIC is sufficient and enough. From the Owner`s opinion, FIDIC is fair, equitable and reserves their rights all the time. Owners have no recommendations on any item of FIDIC because it’s a thoughtful contract.
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Analysis of Owner`s interviews
From the analysis of the interviews, the owner mentioned on some disputes that faces with the Contractor such as: Time and delay disputes Variation Orders The lack of contractor̕ s experience in (FIDIC) Manipulation of some contractors of specification that are agreed of parties
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Discussion of results according to FIDIC
After studying the terms of FIDIC, it was noticed that it is possible to avoid all these problems by referring to it. Among these problems, which was carrying an equitable solution in FIDIC: Currency fluctuation section 13.8: " Adjustments for changes in cost"
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Appointment of Engineer “Engineer’s Duties and Authority”
section 3.1: “Engineer’s Duties and Authority”
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"variation procedures”
Variation Order section 13.3: "variation procedures”
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Conclusion In conclusion, the main disputes which occur between the owner and contractor are supervision, variation order and lack of experience in FIDIC. The majority of these disputes could be avoided by reading FIDIC carefully before signing at any construction project. All notes of the parties on FIDIC had been refused , and was emphasized that FIDIC is legal, fair and equitable contract to all parties
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Recommendations Organizing workshops for both parties
Organizing training courses on the rules of FIDIC contracts Establishment of a national committee for the construction sector Adjust the supervisory process according to the requirements Allocation a separate and specialized department for supervision engineering in the municipalities.
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Recommendations Rehabilitation of the supervisors offices that are non- qualified to work Engineer must read the tender carefully and understand its public and private conditions. Owner should make sure that the tender is ready for execution, by making sure the following: permits, required licenses or approvals, sufficient detailed drawings The Contractors must early make sure the availability of supplies and materials to be implemented according to specification
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