Guidelines for Mapping Rework in the Contract Conditions of Construction Projects | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction | Vol 15, No 1

AbstractThis paper provides a detailed review of rework clauses in the standard form of contracts. The terms and conditions of construction contracts have a significant impact on project performance. Construction contract clauses govern the interactions between parties and may affect the completion date and final cost of projects. Depending on the complexity of a construction projects, a chain of contract clauses must be written that fits together. The main purpose of construction contracts is to create a fair situation for the parties involved to share their risks. It is more advantageous to a project if clauses are spelled out as comprehensively and as precisely as possible. Well-prepared clauses help to avoid debate over complicated provisions and may result in fewer conflicts and disputes. Contractual clauses in standard forms of a contract are referred to as general contract conditions. However, even though many aspects of contracts have been studied previously across various contract conditions, an assessment of rework in a contract’s clauses is of paramount importance. In this study, a three-step methodology was utilized to study rework in contract conditions: (1) conducting a series of professional interviews, (2) reviewing contract documents and contract provisions on the leading rework issues, and (3) comparing the outcomes to set up guidelines. Relevant clauses were identified, and a discussion of rework was prepared. This paper contributes to the body of knowledge on construction contracts by addressing rework in contract conditions. A flowchart to address gaps and issues in rework provisions across various contract clauses was developed with a checklist of items addressing to the contract parties. This study provides recommendations to improve contract conditions, which may, in turn, reduce contractual claims, disputes, and conflicts. It helps construction practitioners revise relevant clauses at the time of contract preparation.

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