Legal aspects of planning in civil Eng. projects

مقدم أطروحة جامعية

al-Salam, Amin M.

الجامعة

الجامعة التكنولوجية

الكلية

-

القسم الأكاديمي

قسم هندسة البناء و الإنشاءات

دولة الجامعة

العراق

الدرجة العلمية

دكتوراه

تاريخ الدرجة العلمية

2004

الملخص الإنجليزي

This study is concerned with time of performance as a legal liability in civil engineering contracts, together with transactions of these contracts and implications from legal point of view, through the Iraqi civil law and the English common law, and through related clauses mentioned in the Iraqi conditions of contract (abstracted from FIDIC which follows the ICE) Amongst the needs for this study was to investigate the local claims, especially delay claims, in both the general and private sector companies, where it was found that the present methods (day by day account), entails a lot of waste in time and money, especially with the effect of inflation and degradation of compensations, due.

to.

elongated periods needed for correspondences and legal, administrative processes, in order to decide about these compensations.

A ourden to be carried out by the contactor. From another side view, the compensation to the contractor if was paid for non essential activities (when he can do other activities), would represent a waste to the owner.

In both these cases the burden of losses (called sometimes risks), would entail either high price contracts, or litigations which takes several years, or some serious contactors would leave the business altogether. The afore mentioned reasons has let several legal authorities concerned with delay claims, especially in USA, Australia, and UK to adopt the style of techniques mentioned in this treatise (planning techniques) , in order to resolve claims ( especially delay claims), in event these techniques are still neither known or applied locally.

This was noticed through the several claims investigated, some of which has taken more than a decade to resolved, but in vain, due to mentioned reasons. The conditions of contract itself ( at least from delay claims point of view ), was found poorly digested by those who are concerned , and that's why a computer model was adopted by this study , which answers questions related to disputes of delay claims, from legal point of view reflected in the Iraqi conditions of contract. Three appendices where added to the thesis, the first of which concerned civil law point of view , the second the questionnaire and the third factual investigation of several projects of a great governmental company. This study has therefore felt the extent of fault in assessing claims presently, and the ability to pay the compensations in the local market.

It is for these reasons the same study has adopted modern planning techniques, and to submit the conditions of contract in a different way, in order to solve disputes, and enrich the conditions itself with new experiences. It is needless to say that the conditions of contract, in order to be more practical and convenient to local needs, should be quoted from prevailing legislations, besides its conformity with costumes and traditions of craft, which the delay claims and disruption assessment represent a part,: that is specialize by this study.

التخصصات الرئيسية

القانون

الموضوعات

• القانون
• الهندسة المدنية
• العراق
• المملكة المتحدة
• المسؤولية

• APA
• MLA
• AMA

لغة النص

الإنجليزية

نوع البيانات

رسائل جامعية

رقم السجل

BIM-305598