Apportioning liability in construction delay claims : an evaluation of contemporary practices in the U.A.E. and a proposal for improvements

Various theories, concepts and methodologies exist for apportioning liabilities inconstruction delay claims. Yet, there is no much consensus among the practitionerstowards them. Often, the implementation of these theories, concepts and methodologies ina project is based on Decision Makers' (DMs) individual judgments. Individualjudgments are generally intuitive and subjective. That brings scepticism on the outcomeyielded by either party's approaches or methods. This would most possibly result infurther escalation of dispute. This research was inspired by the findings of initial surveysand peer discussions which indicated this situation as a major problem area in delayclaims resolution, requiring improvements to the contemporary practices. Thus, theprincipal aim of this research is set out 'to investigate the problems involved in thecontemporary practices of apportioning liability in construction delay claims and proposea Framework for Improvements'. This 'Framework of Improvements' is expected toenable consensus and uniformity among the DMs for appropriate application of essentialtheory, concepts and delay analysis methodology in order to minimise/ reduce thenegative impacts of such problematic issues and enhance efficiency and fairness in delayclaims resolution process. The research objectives were set out in order to fulfil this aim.Accordingly, the research undertook to investigate the perceptions, approaches andmethods adopted by the practitioners in carrying out apportioning liabilities, and theproblem issues that may stem from such practices. This inquiry was carried outimplementing mixed methods approach which was consistent with the philosophical standof the research. Thus, both semi-structured interviews (qualitative strand) and in-depthsurveys (quantitative strand) were extensively used for the necessary data collection. Theanalysed findings and the merged results of this inquiry and the findings of acomprehensive literature review enabled developing the intended 'Framework ofImprovements'. As the main outcome of the study, this Framework consists of (1)improvements to be adopted through changes to contract documentation and proceduresand (2) improvements (through a Model) to the process of selection of a most appropriatemethod of delay analysis under objective circumstances of a construction project. Thesecomponents of the Framework have been subject to necessary validation. Thus, ifconsciously implemented, it has the potential to bring forth substantial corporate benefitsto both employers and contractors, by eliminating waste of time and money in unnecessary disputes in delay claims resolution process. The research has also contributedto the domain knowledge by providing a comprehensive data base as to the currentpractices and established a knowledge base of essential theory, legal position and practicein delay claims resolution; this can be used as a repository by practitioners and potentialresearchers. At the conclusion, while accomplishing the research objectives and the aim,the study has identified the potential limitations of the research and recommended areasfor further research.

Level dc:type.qualificationlevel

Doctoral (Level 8)

Year dc:date.issued

2026

Author dc:creator

• Perera, NA

Language dc:language

en

Identifier

oai:salford-repository.worktribe.com:1405579

OAI identifier oai:identifier

oai:salford-repository.worktribe.com:1405579