An Investigation into the conditions of contract with regards to claims in some selected building projects
An Investigation into the conditions of contract with regards to claims in some selected building projects
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Date
1982-10
Authors
MUSA, MOHAMMED MAGAJI MSHALGAYA
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Abstract
One of the fundamental issues associated with an increasing
population is the inordinate demand for houses, schools and hospitals.
While houses provide shelter and schools provide the suitable abode
of teaching and learning, hospitals provide the environment for
extending welfare services to the teaming population. Hence, not
only does the government vote huge sums of money for the provision
of these basic facilities, in recent times, but individuals and coporation
also invest heavily in them for the purposes of promoting
business. And this demand is expected to be on the increase as long
as the population continues to increase.
These facilities (houses, schools, and hospitals) may otherwise
be known as building products; the production of which involve the
participation of many parties, each entering it at different time
and with different interest. Principal of these parties are the
financer of the projects called the employer, and the executor of
them called the contractor. In between exist the consultants who,
by mandate and agreement, see to the effective and proper erection
and completion of the projects. These projects are usually executed
by means of contracts.
In order to protect the diverse interests of the parties to
the execution of the projects and the survival of the projects
themselves, certain terms and conditions that define duties and
responsibilities that are obligatory on the parties to the contract
for the execution of the projects usually form part of such contracts.
These terms and conditions have undergone the test of time, and are
usually standardized into suitable forms.
The inclusion of these terms and conditions not-withstanding,
huge amount of claims are frequently instituted and collected on the
building projects. Perhaps, that is why there is rampant saying that
final project prices these days usually over-run their initial
estimates by unpardonable margine.
"An investigation into the conditions of contract with regards
to claims on some selected building projects" was therefore carried
out in order to see whether or not the claims that do surface on
projects actually have roots in the conditions of contract; and if it
is the case, to suggest possible ways of ameliorating the situation.
This piece of work, however, is not a witch-hunting exercise
that tries to aportion blame to some or all of the parties of building
projects because there is no particular case in mind. Nor, is there
any pre-formed idea about some or all of the clauses of the
conditions of building contract that should be modified in accordance
with personal opinions. This is because, as mentioned earlier, these
terms and conditions have undergone test of time on building projects
and so their modification may be very difficult. Rather, it tries
to see how the ethical operation of the conditions of contract on
projects could support or give rise to claims; and to use the
results of the findings if any and possible, in recommending possible
ways of ameliorating the situation in order to save the costs of
providing these facilities, the demand of which continues to grow
with the population- frown unjustified escalation beyond pardonable
levels.
Description
A thesis submitted to the Postgraduate School, Ahmadu
Bello University, Zaria in partial fulfillment of the
requirements for the degree of M.Sc. in Construction
ManagementDepartment of Building
Faculty of Environmental Design
AHMADU BELLO UNIVERSITY
Z A R I A.
Keywords
Investigation, conditions, claims,, contract,, selected building projects