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Standard forms of contract and its influence on construction professionals

The aim of the research is to investigate influence of standard forms of contract or conditions of contract on construction professionals. Standard forms are constantly being amended, modified and even totally revamped on the basis that these are one of the primary sources of conflicts and disputes...

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Main Author: Othman, Norazam
Format: Article
Language:English
Published: Faculty of Built Environment, UTM 2008
Subjects:
NA Architecture
Online Access:http://eprints.utm.my/id/eprint/8237/1/OthmanNorazam2008_StandardFormsOfContractAndItsInfluenceOnConstructionProfessionals.pdf
http://eprints.utm.my/id/eprint/8237/
http://www.fab.utm.my/download/ConferenceSemiar/JAB2008Jld11No2AR05.pdf
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spelling my.utm.82372010-07-27T07:24:44Z http://eprints.utm.my/id/eprint/8237/ Standard forms of contract and its influence on construction professionals Othman, Norazam NA Architecture The aim of the research is to investigate influence of standard forms of contract or conditions of contract on construction professionals. Standard forms are constantly being amended, modified and even totally revamped on the basis that these are one of the primary sources of conflicts and disputes in the construction industry. Unwittingly the drafting of newer forms to mitigate future disagreement also presents evidence that the stakeholders adhere and subscribe to the philosophy and theoretical idealisations of contract law, which promises compliance, thus resulting in predetermined and predictable act or action. The behaviour of construction professionals are shaped thus influenced by this classical model of contract, as codified. However previous research has shown that this premise flawed and requires investigation and further study. Research questions were directed to elucidate how and why contractual rules and procedures are used whenever construction professionals are doing their task. Data to be collected is the thoughts and actions of the professionals who used procedures in dealing with a specific task. Content analysis of the semi- structured interviews were conducted to discover the meanings that a respondent actually alluded to since it is located and indexed within the expressions used to describe, explain or justify a specific task, event or occasion. The interviews were recorded, transcribed to written form and text. Due to the massive amount of data, the coding framework was approached by utilising a computer software that permits manipulation and proper categorisation and retrieval. Finally, framing the research within a case study methodology ensures the preservation of the unitary character of the social object being studied. Findings indicate that although construcion professionals are influenced by procedures and/or rules codified in standard forms of contract, other traces also present. The findings could be used to identify more robust drafting policies of newer standard forms or conditions of contract rather than insuanating that present documents are less than ideal due to its clarity or other factors that suggest that the contract is the main source of conflicts and disputes. The mode of inquiy adopted means that the research is not concerned with noting frequency or occurences of usage contractual procedures and/or rules but rather illustrate and identify these influences. Faculty of Built Environment, UTM 2008 Article PeerReviewed application/pdf en http://eprints.utm.my/id/eprint/8237/1/OthmanNorazam2008_StandardFormsOfContractAndItsInfluenceOnConstructionProfessionals.pdf Othman, Norazam (2008) Standard forms of contract and its influence on construction professionals. Jurnal Alam Bina, 11 (2). pp. 45-60. ISSN 1511-1369 http://www.fab.utm.my/download/ConferenceSemiar/JAB2008Jld11No2AR05.pdf
institution Universiti Teknologi Malaysia
building UTM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Malaysia
content_source UTM Institutional Repository
url_provider http://eprints.utm.my/
language English
topic NA Architecture
spellingShingle NA Architecture
Othman, Norazam
Standard forms of contract and its influence on construction professionals
description The aim of the research is to investigate influence of standard forms of contract or conditions of contract on construction professionals. Standard forms are constantly being amended, modified and even totally revamped on the basis that these are one of the primary sources of conflicts and disputes in the construction industry. Unwittingly the drafting of newer forms to mitigate future disagreement also presents evidence that the stakeholders adhere and subscribe to the philosophy and theoretical idealisations of contract law, which promises compliance, thus resulting in predetermined and predictable act or action. The behaviour of construction professionals are shaped thus influenced by this classical model of contract, as codified. However previous research has shown that this premise flawed and requires investigation and further study. Research questions were directed to elucidate how and why contractual rules and procedures are used whenever construction professionals are doing their task. Data to be collected is the thoughts and actions of the professionals who used procedures in dealing with a specific task. Content analysis of the semi- structured interviews were conducted to discover the meanings that a respondent actually alluded to since it is located and indexed within the expressions used to describe, explain or justify a specific task, event or occasion. The interviews were recorded, transcribed to written form and text. Due to the massive amount of data, the coding framework was approached by utilising a computer software that permits manipulation and proper categorisation and retrieval. Finally, framing the research within a case study methodology ensures the preservation of the unitary character of the social object being studied. Findings indicate that although construcion professionals are influenced by procedures and/or rules codified in standard forms of contract, other traces also present. The findings could be used to identify more robust drafting policies of newer standard forms or conditions of contract rather than insuanating that present documents are less than ideal due to its clarity or other factors that suggest that the contract is the main source of conflicts and disputes. The mode of inquiy adopted means that the research is not concerned with noting frequency or occurences of usage contractual procedures and/or rules but rather illustrate and identify these influences.
format Article
author Othman, Norazam
author_facet Othman, Norazam
author_sort Othman, Norazam
title Standard forms of contract and its influence on construction professionals
title_short Standard forms of contract and its influence on construction professionals
title_full Standard forms of contract and its influence on construction professionals
title_fullStr Standard forms of contract and its influence on construction professionals
title_full_unstemmed Standard forms of contract and its influence on construction professionals
title_sort standard forms of contract and its influence on construction professionals
publisher Faculty of Built Environment, UTM
publishDate 2008
url http://eprints.utm.my/id/eprint/8237/1/OthmanNorazam2008_StandardFormsOfContractAndItsInfluenceOnConstructionProfessionals.pdf
http://eprints.utm.my/id/eprint/8237/
http://www.fab.utm.my/download/ConferenceSemiar/JAB2008Jld11No2AR05.pdf
_version_ 1643644947311624192
score 13.211869

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