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    Sources of Ambiguity in Construction Contract Documents, Reflected by Litigation in Supreme Court Cases

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 004::page 04521031-1
    Author:
    Ei Ei Chan
    ,
    Mazdak Nik-Bakht
    ,
    Sang Hyeok Han
    DOI: 10.1061/(ASCE)LA.1943-4170.0000498
    Publisher: ASCE
    Abstract: A construction contract is a mutually agreed upon and signed document by the contracting parties and plays a significant role in controlling and preventing disputes in a project. This paper’s main objective is to develop a framework to assess sources of ambiguity in construction contracts for comprehensive referencing and early detection of potential root causes of claims and disputes. This is addressed by (1) developing a hierarchical concept map, representing well-rounded sources of contract ambiguities through a comprehensive analysis of the literature; and (2) validating the proposed model by the analysis of relevant court cases at the Supreme Court of Canada (SCC) as the court of last resort in the Canadian judicial system. Starting with 285 relevant cases in construction (from a total of 30,500 cases listed on the SCC website), we defined topical, temporal, and geographic criteria, and narrowed the cases accordingly down to 50, which underwent a first-level analysis, and 13 cases, which went through a detailed analysis. The study found that incomplete and/or redundant information in the contract documents are the core reasons for conflict between contracted parties in the Canadian construction industry. Therefore, proactive identification of sources of ambiguity in contract documents by the general contractor and owner and attentive preparation of contract documents to avoid contradictory information/terms, missing information, or vague clauses can minimize the potential lengthy and costly litigation process at the court level.
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      Sources of Ambiguity in Construction Contract Documents, Reflected by Litigation in Supreme Court Cases

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    http://yetl.yabesh.ir/yetl1/handle/yetl/4272444
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    contributor authorEi Ei Chan
    contributor authorMazdak Nik-Bakht
    contributor authorSang Hyeok Han
    date accessioned2022-02-01T22:00:07Z
    date available2022-02-01T22:00:07Z
    date issued11/1/2021
    identifier other%28ASCE%29LA.1943-4170.0000498.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4272444
    description abstractA construction contract is a mutually agreed upon and signed document by the contracting parties and plays a significant role in controlling and preventing disputes in a project. This paper’s main objective is to develop a framework to assess sources of ambiguity in construction contracts for comprehensive referencing and early detection of potential root causes of claims and disputes. This is addressed by (1) developing a hierarchical concept map, representing well-rounded sources of contract ambiguities through a comprehensive analysis of the literature; and (2) validating the proposed model by the analysis of relevant court cases at the Supreme Court of Canada (SCC) as the court of last resort in the Canadian judicial system. Starting with 285 relevant cases in construction (from a total of 30,500 cases listed on the SCC website), we defined topical, temporal, and geographic criteria, and narrowed the cases accordingly down to 50, which underwent a first-level analysis, and 13 cases, which went through a detailed analysis. The study found that incomplete and/or redundant information in the contract documents are the core reasons for conflict between contracted parties in the Canadian construction industry. Therefore, proactive identification of sources of ambiguity in contract documents by the general contractor and owner and attentive preparation of contract documents to avoid contradictory information/terms, missing information, or vague clauses can minimize the potential lengthy and costly litigation process at the court level.
    publisherASCE
    titleSources of Ambiguity in Construction Contract Documents, Reflected by Litigation in Supreme Court Cases
    typeJournal Paper
    journal volume13
    journal issue4
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000498
    journal fristpage04521031-1
    journal lastpage04521031-13
    page13
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 013 ):;issue: 004
    contenttypeFulltext
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