A Comparison of the Suitability of FIDIC and NEC Conditions of Contract in Palestine

Haytham Besaiso, David Wright, Francis Fenn, Margaret Emsley

    Research output: Contribution to journalArticlepeer-review

    Abstract

    Purpose - The standard forms of construction contract are receiving greater attention in the management of projects scholarship as they probably influence the project success and project disputes. The extant literature suggests that the standard forms of construction contract are one of the top sources of disputes. This research, therefore, examines the effectiveness of the standard forms of construction contract, FIDIC and NEC, in reducing disputes in the Palestinian construction industry.

    Design/methodology/approach - The researchers have used qualitative methods to collect data and more specifically have undertaken twelve semi-structured interviews.
    Findings - The study reveals that the standard forms of construction contract can be a tool to minimise disputes, but certainly not to eradicate them, and NEC appears to be more capable than FIDIC to do so.

    Originality/value - This study contributes to knowledge by bringing an industrial perspective into the role of standard forms of contract in disputes creation and avoidance. The interviewees, recurrent users of FIDIC contract, criticised certain features and expressions and proposed some solutions
    Original languageEnglish
    JournalEngineering Construction and Architectural Management
    Publication statusAccepted/In press - 8 Apr 2017

    Keywords

    • FIDIC
    • NEC
    • New Engineering Contract
    • Engineering and Construction Contract
    • ECC
    • standard forms of construction contract
    • Disputes
    • Palestine

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