Aspects of construction contract documentation

Abstract

In the beginning of the twenty-first century construction projects have become detailed and complex due to the increased technicalities, magnitude and co-ordination required. Consequently, in order to avoid unnecessary claims and disputes, construction contract documentation is an essential part of the legal aspect of any construction project. The aim of this study is to analyse the current documentation available with regards to the different forms of contract and its mode of application. Whilst standard forms of contract are commonly used, they are prone to lack clarity due to amendments carried out by the parties prior to signing the contract. The thesis also outlines the problems encountered, by the owner, contractor, architect and the Courts of Malta, when using this documentation and the applicable provisions of the law. The effects of time schedules, cost of the project and quality assurance in relation to risk management will also be discussed. Another aim of this thesis is to examine the provisions of the law in relation to the judgments delivered by the Courts of Malta and foreign Courts (where applicable). The research involved an in-depth analysis of a sample contract pertaining to an ongoing hospital construction project. Other sources include jurisprudence and on-site interviews with the parties involved in various construction projects. Recommendations to improve the way a construction contract is modified to suit a particular project, prior to commencement of the works, are presented. The importance of the need for a technical approach by legal professionals, in order to create a more comprehensive way of dealing with the pitfalls and uncertainties of construction contract documentation is clearly demonstrated.