No description available.

Toward the end of 1999 and during the early part of 2000, the commercial construction sector in the Auckland area of New Zealand was affected as a result of liquidations of a number of major commercial construction companies. The aim of the research is to investigate the employment of building contracts, their administration, and into the incidence, nature and resolution of disputes executed during the calendar years of 1999 and 2000. This research was undertaken by surveying 100 commercial and 60 residential projects undertaken in the Auckland region of New Zealand to determine if the problems being experienced by the commercial contractors who were liquidated was incidental and limited to the commercial sector. Projects surveyed ranged in value between NZ$10,000 and NZ$700,000 for residential projects and between NZ$150,000 and NZ$99,000,000 for commercial projects. The literature review identifies, analyses and discusses: (i) To what extent are 'standard' forms of building contracts used by the construction industry including who was responsible for the drafting of those contracts? (ii) What provision was made in these building contracts for the resolution of disputes? (iii) Who was responsible for the independent administration of those building contracts? (iv) What was the incidence of disputes that resulted as a consequence of the usage of these building contracts and what was the nature of the disputes and how were they resolved? and (v) Would the construction industry in New Zealand benefit from legislation that would require that an independent third party be engaged for the administration of the building contract? Gaps in the literature of all areas of the research were identified. The following hypothesis was promoted: The incidence of disputes is reduced in building contracts that are administered by an independent third party for both commercial and residential sectors of the construction industry in New Zealand. A statistical analysis of the data collected was used to test the hypothesis as well as to determine whether the appointment of a third party to administer a contract between the client and contractor was of direct benefit and assisted in the avoidance or resolution of disputes. The results provided support for the hypothesis in both the commercial and residential sectors of the construction industry. Additionally, there was also qualitative endorsement for the propositions. The surveys provided evidence about the attitude adopted by those involved in the particular sectors to the independent administration of building contracts. 79% of the building contracts surveyed in the commercial projects were independently administered compared to 42% in the residential sector. The data was also used to provide positive test results for a proposition known as the 'principle of remotivity' which states that: 'the further the architect (or designer) is from the independent administration of a building contract during its execution, the more likely it is that disputes will arise'. The research confirmed that the culture of the construction industry in New Zealand; the legislation used to control the industry; and the decisions of local judiciaries in construction related matters are different to those adopted in Australia and the United Kingdom. These variations are not recognised by persons connected to and detached from the construction industry. The dissertation concludes by making 19 (nineteen) suggestions and recommendations. The research was limited to projects undertaken in Auckland, New Zealand and replication of the study would provide a broader understanding of this area of inquiry and further data to qualify the 'principle of remotivity'.

No description available.

With the growth experienced in the Building Industry, it is increasingly important to have a contract document that can be used on projects that is reasonably acceptable to all parties concerned. The objective of the research was to determine the effectiveness of the Joint Building Contracts Committee Series 2000 Principal Building Agreement (JBCC 2000 PBA)(Edition 4.1, March 2005) currently used in the Building Industry. The literature reviewed and results of quantitative research amongst contractors formed the basis of this study. The study revealed that the JBCC 2000 PBA is the most favourable contract document used by contractors in the Building Industry. With the inclusion of a range of construction guarantee alternatives in the contract document in lieu of the retention clause, more than half of the respondents have indicated that they are in favour of a retention clause to be included in the contract document as an alternative security option. The study also showed that there are still areas of concern with regards to the difficulty in interpreting and implementing numerous clauses of the document and that amendments were made to the document without legal advice, resulting in disputes. The research further also revealed that developing building contractors experience difficulties in general where the JBCC 2000 PBA is used as contract document on projects. There also seems to be no balance of risk between the employer and contractor in most cases where this contract document is used. The research concluded with proposals on revisions to some clauses to ensure a better contract document that will be acceptable to all contractors in the Building Industry and ultimately to be an internationally acceptable document.

Le secteur de la construction constitue un pan majeur de l'activité économique qui sous-tend une large part de la croissance au plan national. Partant de ce constat, il a semblé opportun de s'intéresser plus particulièrement aux marchés de travaux privés et plus précisément encore à la question du paiement. Au coeur des relations économiques, le paiement défini comme l'exécution d'une obligation porte en son sein la question fondamentale de sa sécurisation. Préoccupation légitime du créancier, on trouve sa pleine consécration et son traitement le plus abouti en droit civil dans le droit des sûretés qui occupe le livre IV du Code civil. Toutefois, dans les marchés privés de travaux, la sécurisation du paiement est rendue possible tant au stade de la formation du contrat par la détermination de son objet - le prix - qu'au stade de l'exécution grâce aux modalités de l'opération de paiement elle-même et à la fourniture de garanties. Appréhendant l'opération de paiement tant d'un point de vue pratique que théorique, l'objet de la présente thèse est de montrer que la sécurisation du paiement dans les marchés privés de travaux peut être envisagée tant au stade de la formation que celui de l'exécution du contrat. / The construction sector is a major pan of economic activity that underlies much of the growth nationally. With this in mind, it seemed appropriate to focus specifically on private works contracts and even more specifically to the issue of payment. At the heart of economic relations, payment defined as fullfilment of an obligation is asking the question of its security. In private works contracts, securing the payment is possible both during the formation of the contract by the determination of its purpose - the price - at the stage of execution thanks to the operation of arrangements payment itself and the provision of guarantees. Apprehending the payment transaction from both a practical and theoretical, the subject of this thesis is to show that the security of payment in private building contracts can be considered both during training than the contract.