Assessment of Pacing Delay in Construction Contracts (A Case on Selected Roads under Ethiopian Roads Administration)
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Date
2024-11
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Addis Ababa University
Abstract
Delay is one of the major sources of claims and disputes in construction and the impact of construction delays is not limited to the construction industry, but it also affects the entire economy of the nation.
In construction contracts, Though employers are obligated to provide extra time for project completion they are not responsible for delay costs resulting from concurrent delays caused by contractors. When the contractors know the employers contention, contractors may argue that the delays dependent the were a deliverate decision following the employers independent delay. However, many Contractors failed to sufficiently demonstrate that the Contractor’s pacing of the works were intentional, concurrent delays following the employers’ delays.
The purpose of the research is to assess existance of pacing delay in construction contracts and its relation with concurrent delay, highligh the practice of pacing delay provisions in the International contracts, identify the required procedures during implementation of pacing delay. To this end the review of related literatures, shows that pacing delay is not a concurrent delay which instead is characterized by the contractor's proactive approach to adjust the schedule of the works in response to delays caused by the Employer or external factor and it is a recognized business in the international construction contract, particularly in USA and UK. However, the case has not been researched in Ethioipian and broad African context and as a result, the existance of pacing delay has not been fully undrstood. Further, the questionnaire survey shows that 93.3% of the repondants agreed on importance of pacing delay clauses for effective management of delays under federal road projects in Ethiopia. Besides, the survey further sugests, the provision of pacing delay clauses in the Contract document along with enhancing communication, keeping comprehensive records, and establishing consensus on delay criteria, can significantly mitigate the risks of project
Finally, further research should be done to get an in depth understanding on the practical application of pacing delays.
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Keywords
Project, Delay, Pacing Delays and Concurrent delay