Invalid submission of extension of time claims in the South African construction industry
- Authors: Neethling, Juan Pierre
- Date: 2020
- Subjects: Construction industry -- South Africa , Construction industry -- Management Project management Building -- Superintendence
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/46805 , vital:39663
- Description: Most construction projects are delayed in the construction industry due to internal and/or external influences. Proving delay is not a simple task but rather a time-consuming process, as projects consist of numerous activities and a substantial amount of detail, and they interface with the many stakeholders. Several different methods can be used to prove a delay; however, these are academic and are mainly for simple projects. Proving a delay is often difficult for the contractor, who is consistently dealing with multiple project constraints. Therefore, to be effective with an extension of time claim, the contractor must establish causation and liability, and assist in demonstrating the extent of time-related damages experienced as a direct result of the delay events relied upon. The process of recording the delays is dynamic and requires solid knowledge of contract clauses, the ability to distinguish between different types of delays and the capability to identify what constitutes valid evidence. Therefore, a need arises to establish a framework that would assist contractors by standardising their submission. This would contribute to expediting the evaluation and approval process, thus limiting the negative impacts associated with prolonged delay claims. The research obtains a “lived” view from contractors who have participated with EOT claims, therefore, utilising the qualitative research method. The choice of data collection method was semi-structured one-on one face to face interviews. In deriving the findings of the research, the coding scheme techniques were used throughout the research process to manage both the secondary and primary data. The main factors which cause major problems in EOT claims are contractual knowledge, lack of supporting information, contractual compliance, employer inference and the different philosophies of contracts, which often leads to confusion and misinterpretation. There is a lack of awareness and knowledge of the analysis techniques and strategies which could assist in preparing EOT claims, even though there is a substantial amount of literature available. The concept that the industry needs a standardised submission process was welcomed by the participants; the existence of a common strategy would certainly resolve many problems in the submission process, including reducing the number of disputes. There was a consensus among all participants that there is no standard approach to submitting EOT claims in the South African construction industry and exploring a common approach was an idea that was viewed as reasonable and maybe offered a practical solution to address the submission challenges. There were several delimitations to this study. First, the sample only included individuals within the Eastern Cape region. Since the sample size was relatively small, the researcher was cautious when interpreting and generalising the results. Secondly, the targeted population for this research was selected using the purposive sampling method, as opposed to a random sampling, which means that the results of the study cannot be generally applied to a larger population. Lastly, the research was a qualitative study which relied on the interpretations of the researcher based on his understanding of the data collected.
- Full Text:
- Date Issued: 2020
- Authors: Neethling, Juan Pierre
- Date: 2020
- Subjects: Construction industry -- South Africa , Construction industry -- Management Project management Building -- Superintendence
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/46805 , vital:39663
- Description: Most construction projects are delayed in the construction industry due to internal and/or external influences. Proving delay is not a simple task but rather a time-consuming process, as projects consist of numerous activities and a substantial amount of detail, and they interface with the many stakeholders. Several different methods can be used to prove a delay; however, these are academic and are mainly for simple projects. Proving a delay is often difficult for the contractor, who is consistently dealing with multiple project constraints. Therefore, to be effective with an extension of time claim, the contractor must establish causation and liability, and assist in demonstrating the extent of time-related damages experienced as a direct result of the delay events relied upon. The process of recording the delays is dynamic and requires solid knowledge of contract clauses, the ability to distinguish between different types of delays and the capability to identify what constitutes valid evidence. Therefore, a need arises to establish a framework that would assist contractors by standardising their submission. This would contribute to expediting the evaluation and approval process, thus limiting the negative impacts associated with prolonged delay claims. The research obtains a “lived” view from contractors who have participated with EOT claims, therefore, utilising the qualitative research method. The choice of data collection method was semi-structured one-on one face to face interviews. In deriving the findings of the research, the coding scheme techniques were used throughout the research process to manage both the secondary and primary data. The main factors which cause major problems in EOT claims are contractual knowledge, lack of supporting information, contractual compliance, employer inference and the different philosophies of contracts, which often leads to confusion and misinterpretation. There is a lack of awareness and knowledge of the analysis techniques and strategies which could assist in preparing EOT claims, even though there is a substantial amount of literature available. The concept that the industry needs a standardised submission process was welcomed by the participants; the existence of a common strategy would certainly resolve many problems in the submission process, including reducing the number of disputes. There was a consensus among all participants that there is no standard approach to submitting EOT claims in the South African construction industry and exploring a common approach was an idea that was viewed as reasonable and maybe offered a practical solution to address the submission challenges. There were several delimitations to this study. First, the sample only included individuals within the Eastern Cape region. Since the sample size was relatively small, the researcher was cautious when interpreting and generalising the results. Secondly, the targeted population for this research was selected using the purposive sampling method, as opposed to a random sampling, which means that the results of the study cannot be generally applied to a larger population. Lastly, the research was a qualitative study which relied on the interpretations of the researcher based on his understanding of the data collected.
- Full Text:
- Date Issued: 2020
The challenges of professional women in a male-dominated South African construction industry
- Authors: Tyindyana, Xolile
- Date: 2019
- Subjects: Construction industry -- South Africa , Construction industry -- South Africa -- Management Women industrialists -- South Africa
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/44962 , vital:38192
- Description: The opinions that South African construction industry is the most untransformed sector, highly gender active and men have difficulty in accepting women in the construction industry, hindered the development of the South African economy. The improved number of professional women entering the statuses of this male dominance is noticeable, but the percentage of men still speak volume. Hence, there are imbalances that are correspondent to discrimination trials. This study explore challenges faced by professional women in the construction industry of South Africa, in the Eastern Cape. The study embraced exploratory research design in order to formulate preliminary investigations based on relatively unknown areas of professional women in construction industry. Therefore, this qualitative method incorporated interpretivism as its research philosophy, with the motive that this paradigm succeeds individual ontology that does not perceive as objective and independent. The purposeful sampling technique deployed in identifying the research participants, coupled by ten (10) women rendering professional services in the construction industry. Data collected was analysed thematically, which gave rise to presented themes, deliberated and construed in headings framed from research objectives. The study revealed that professional women still trapped between resisting, accommodating masculine politics and femininity distinctions regardless of evolutions. Most participants attested to the gender imbalances that propagates marginalisation, which is in line with the revelations. The study also suggest that men reject professionalism identity in the context of women. Other key challenges were not limited to backgrounds of the industry, outlook and progression that necessitated women taking executive positions. Further still, participants are aware of flouted construction industry policies and the strategies to use to by their counterparts to obscure them. Hence, the study suggested monitoring and review of policies in place by the policy makers. A recommended that similar research be carried out in South Africa, particularly provinces, as a literature gap has been identified. These recommended studies could enhance professional women, men and policy makers in profound consideration of the challenges faced by professional women in the construction industry.
- Full Text:
- Date Issued: 2019
- Authors: Tyindyana, Xolile
- Date: 2019
- Subjects: Construction industry -- South Africa , Construction industry -- South Africa -- Management Women industrialists -- South Africa
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/44962 , vital:38192
- Description: The opinions that South African construction industry is the most untransformed sector, highly gender active and men have difficulty in accepting women in the construction industry, hindered the development of the South African economy. The improved number of professional women entering the statuses of this male dominance is noticeable, but the percentage of men still speak volume. Hence, there are imbalances that are correspondent to discrimination trials. This study explore challenges faced by professional women in the construction industry of South Africa, in the Eastern Cape. The study embraced exploratory research design in order to formulate preliminary investigations based on relatively unknown areas of professional women in construction industry. Therefore, this qualitative method incorporated interpretivism as its research philosophy, with the motive that this paradigm succeeds individual ontology that does not perceive as objective and independent. The purposeful sampling technique deployed in identifying the research participants, coupled by ten (10) women rendering professional services in the construction industry. Data collected was analysed thematically, which gave rise to presented themes, deliberated and construed in headings framed from research objectives. The study revealed that professional women still trapped between resisting, accommodating masculine politics and femininity distinctions regardless of evolutions. Most participants attested to the gender imbalances that propagates marginalisation, which is in line with the revelations. The study also suggest that men reject professionalism identity in the context of women. Other key challenges were not limited to backgrounds of the industry, outlook and progression that necessitated women taking executive positions. Further still, participants are aware of flouted construction industry policies and the strategies to use to by their counterparts to obscure them. Hence, the study suggested monitoring and review of policies in place by the policy makers. A recommended that similar research be carried out in South Africa, particularly provinces, as a literature gap has been identified. These recommended studies could enhance professional women, men and policy makers in profound consideration of the challenges faced by professional women in the construction industry.
- Full Text:
- Date Issued: 2019
The effectiveness of arbitration practice relative to South African construction
- Authors: Bvumbwe, Chikumbutso
- Date: 2015
- Subjects: Arbitration, Industrial -- South Africa Dispute resolution (Law) -- South Africa , Construction industry -- South Africa
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/47981 , vital:40460
- Description: The study investigated the arbitration practice relative to the South African construction industry. Most of the construction contracts include an arbitration clause in the contract document as an instrument to be used for resolving disputes. The aim is to resolve disputes between the parties with minimum costs and within a reasonable period. Some parties opt to involve legal counsel in the process which has a potential of affecting time and cost. The literature review focuses on arbitration, in the construction industry, with a particular focus on how effective the methods are in terms of cost, time and the relationship between the disputing parties, the impact of using legal counsel during the arbitration process versus not involving legal counsel, the arbitration clause not specifying when to declare a dispute, and the perception of construction professionals on arbitration. The study was based on closed-ended questionnaires distributed among senior construction professionals including, architects, quantity surveyors, construction managers, project managers and practising attorneys. 61 respondents completed the questionnaire. The respondents were asked to comment on the effectiveness of alternative dispute resolution, cost, time, causes of disputes, and impacts of disputes. The cost of arbitration seems to escalate as a result of legal counsel being involved during the arbitration procedures. The time factor also seems to be prolonged. A notable finding indicates that the arbitration clause in the contract document should specify when to declare the dispute. The survey was conducted and limited to the Gauteng Province in South Africa. Findings are of value to clients, contractors and consultants and provides a basis for addressing arbitration effectively in the construction industry.
- Full Text:
- Date Issued: 2015
- Authors: Bvumbwe, Chikumbutso
- Date: 2015
- Subjects: Arbitration, Industrial -- South Africa Dispute resolution (Law) -- South Africa , Construction industry -- South Africa
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: http://hdl.handle.net/10948/47981 , vital:40460
- Description: The study investigated the arbitration practice relative to the South African construction industry. Most of the construction contracts include an arbitration clause in the contract document as an instrument to be used for resolving disputes. The aim is to resolve disputes between the parties with minimum costs and within a reasonable period. Some parties opt to involve legal counsel in the process which has a potential of affecting time and cost. The literature review focuses on arbitration, in the construction industry, with a particular focus on how effective the methods are in terms of cost, time and the relationship between the disputing parties, the impact of using legal counsel during the arbitration process versus not involving legal counsel, the arbitration clause not specifying when to declare a dispute, and the perception of construction professionals on arbitration. The study was based on closed-ended questionnaires distributed among senior construction professionals including, architects, quantity surveyors, construction managers, project managers and practising attorneys. 61 respondents completed the questionnaire. The respondents were asked to comment on the effectiveness of alternative dispute resolution, cost, time, causes of disputes, and impacts of disputes. The cost of arbitration seems to escalate as a result of legal counsel being involved during the arbitration procedures. The time factor also seems to be prolonged. A notable finding indicates that the arbitration clause in the contract document should specify when to declare the dispute. The survey was conducted and limited to the Gauteng Province in South Africa. Findings are of value to clients, contractors and consultants and provides a basis for addressing arbitration effectively in the construction industry.
- Full Text:
- Date Issued: 2015
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