العربيةThe reasons for the differences between the contractor and the owner:
what are the reasons for the differences between the contractor and the owner?
During project implementation:
The differences that arise during the implementation of the project are for several reasons, including:
1- The practical dispute, which is caused by:
The contractor does not comply with the specifications that the owner wants in the construction being constructed.
Differences in the interpretation of the required specifications.
– There are differences in the delay and implementation of the work and the extension of the period in which the project is established.
Non-commitment by the contractor and the engineer to fulfill everything the owner needs.
– The delay by the owner in responding to all that the contractor needs during its work.
Failure to complete all work permits by the owner leads to the contractor’s business being suspended, leading to disputes between them.
– The owner continues to not enable the contractor to receive the site on which the execution is taking place.
– When any of the damages or malfunctions occur during work, the contractor must inform the engineering consultant and the owner about it.
2- The financial dispute, which is caused by:
– Requiring the contractor to increase the prices at the time when the project was stopped by the owner.
– Requiring the contractor to increase the expenses resulting from the project stopping period by the owner.
The documents required to limit the existence of disputes between the contractor and the owner:
1- Papers related to the project before its implementation.
2- The papers clarifying the agreed designs which were also modified.
3- The documented papers showing all the temporary and final payments.
4- All the papers related to the purchased tools and materials.
5- Site operational drawings and records for suppliers of materials needed in the construction process.
6- All the private papers that were concluded between the owner and the consulting engineer.
The engineering requirements for the contractor must be determined by an expert in order for them to be properly set. This expert must have the following:
– He has extensive experience in the evaluation and calculation of the expenses necessary to implement the project.
– With extensive experience in engineering requirements and contracts between the owner, the structural engineer, and the contractor.
– He has experience in preparing the timelines through which the project is created.
– He prepares a legal and contractual regulation guaranteeing the rights of the contractor and owner during the implementation of the project.
He submits all the papers that he has planned to the employer and takes the approval of them.
Responsibilities that the contractor bears towards the owner:
1- Carrying out the work properly and on time.
2- Submit the project contractor as planned to the owner.
3- Ensuring construction works with the contractor for a period of ten years from the date of the final delivery.
– Responsibilities that the structural engineer is bound to the owner:
1- Contractual responsibilities related to violations of the terms between the consultant and the owner.
2- Criminal responsibilities which consist of non-compliance with technical assets and negligence in the design resulting in accidents and injuries to individuals.
3- The responsibility to shorten it, which guarantees the rights of the owner if there is any negligence in mismanagement.
Ways to resolve disputes that arise between the owner and the contractor:
1- The low cost of resolving disputes and litigation alike.
2- Using the mediation method to resolve disputes and disputes between the parties, as mediation reduces the time lost in resolving disputes and helps to develop quick solutions.
3- Not taking risks in resolving disputes since no one is forced to agree to any solutions without conviction.
4- Mediation that is used to solve trends is divided into 3 types:
Judicial mediation: This is done by appointing a judge to the court to resolve disputes between the contractor and the owner.
– Mediation of an agreement: It is carried out through an agreement between the parties on the presence of a mediator between them who trust them to resolve disputes.
– Special mediation: It is done by selecting contracting judges or lawyers to resolve disputes between them.
Reasons for contractor failure when implementing the project:
1- Fluctuation in the prices of building materials and tools needed in his work.
2- Lack of trust and the incorrect relationship between the contractor and the engineer on the one hand and the consultant engineer on the other hand, as a result of the misunderstanding of each of their powers and duties.
3- The lack of trained technical staff to implement the required technical specifications correctly.
4- Not to check the materials that the contractor uses before starting implementation such as (iron – cement ….).