‫مشكلات تحليل وتثمين مطالبات التشييد في السودان‬

Abstract

From the researcher experience during fifteen years ago, he intended in investigating the development and applications of contract administration in the Sudanese construction industry and the variation occurred. The variations in contract clauses have strong relationship with the changes in scope and complexity of the project, high rise buildings became a general feature of the industry instead of small residential buildings which made the problems more distinguished. The large diversity in contracts used nowadays lead to more conflicts between the contract parties from the point of understanding and interpreting the content of the contract. The confilects occur, having no immediate mutual solutions soon converted into conflicts and hence disputes. This research studied the construction disputes and methods of claims adminstration in some countries and what are the stakeholder’s expeience outcomes to manage those types of conflicts and disputes. Aiming to discuss construction claims in the local industry, the research concerned about how to study, analyze and evaluate the claims arose between the parties, seeking for better methods to mitigate the claims and try to prevent it from developing to disputes. The research highlighted the different types of contracts, and the essence of using suitable types for a certain project and the probability of claims to arise. The research studied the different types of disputes solving methods through stepping procedures contain binding and non-binding ways. In chapter three the research discussed the different procedures used to establish claims and the optimal ways to manage according to FIDIC clause 1987and 1999. From the point of the two contacted parties, the most famous and potential type of claims is those concerns of delays, to determine liabilities, where in this situation, certain assessment should be applied in order to mention the original source of the claim and to make sure if it is excusable or non- excusable claim. ‫د‬ There are many methods to analyze delay claims as As-Planned vs. As-Built, Collapsed As-built, As-Planned Impacted, Windows analysis and Time impact methods, all of them study how actually the project executed compared to the as planned time schedule on basis of time units, those methods are used to determine the delay period that each party is responsible of. Also it is very useful to use the Cause – and – effect matrix to pick up the contract party causes the damages. Three cases have been chosen from the real practice of the industry in Sudan, taken in a logical and statistical manner to represent the actual used methods to deal with claims. The research problem hypothesis was discussed in light of theoretical part. The research covered most of the famous claims reasons throughout the project life cycle stages. The research ended with documented recommendations of strong influences to the construction industry in Sudan.