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Article
Guidelines for Administrating and Drafting Nonpayment Owners' Obligation Provisions under Design-Build Contracts
Journal of Management in Engineering
  • Ibrahim S. Abotaleb
  • Islam H. El-adaway, Missouri University of Science and Technology
  • Mohamed B. Moussa
Abstract

The obligations of the different contracting parties are set forth in most standard forms of contract. Despite that, research has shown that poor contract administration is one of the major causes of disputes in construction projects. The objective of this paper is to present contract administration guidelines for appropriate utilization and administration of the provisions related to owners' nonpayment obligations under design-build contracts. In doing so, the authors (1) analyze the provisions related to the owner's obligations under the most common national and international forms of design-build contract, (2) highlight the differences and commonalities among the analyzed contracts in a summarized form, and (3) present extensive guidelines in a checklist form to assess the parties' understanding of their contract, improve the process of administrating such contracts, and guide them in drafting a new contract when it comes to provisions related to the owner's obligations. This study fills an important gap in the body of knowledge as related to stakeholders' comparative understanding of the different standard design-build contracts. As such, it should promote efficient administration of owners' obligation clauses, thus minimizing disputes and enabling parties to mitigate the related consequences in their projects.

Department(s)
Civil, Architectural and Environmental Engineering
Research Center/Lab(s)
Center for Research in Energy and Environment (CREE)
Keywords and Phrases
  • Project management, Body of knowledge,
  • Construction projects,
  • Contract administration,
  • Design-build contracts,
  • New contract,
  • Standard design,
  • Standard forms of contracts, Model buildings
Document Type
Article - Journal
Document Version
Citation
File Type
text
Language(s)
English
Rights
© 2019 American Society of Civil Engineers (ASCE), All rights reserved.
Publication Date
7-1-2019
Publication Date
01 Jul 2019
Citation Information
Ibrahim S. Abotaleb, Islam H. El-adaway and Mohamed B. Moussa. "Guidelines for Administrating and Drafting Nonpayment Owners' Obligation Provisions under Design-Build Contracts" Journal of Management in Engineering Vol. 35 Iss. 4 (2019) ISSN: 0742-597X; 1943-5479
Available at: http://works.bepress.com/islam-el-adaway/88/