An Examination of the Key Drivers of Amendments to the Standard Forms of Contract in the South African Construction Industry
Some of the perceived benefts of standard forms of contract are standardisation, uniformity, stability and the availability of well-established terms and conditions which allow predictability and greater certainty in legal relations. Thus, the standard forms are widely adopted in the construction...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Penerbit Universiti Sains Malaysia
2018
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| Subjects: | |
| Online Access: | http://eprints.usm.my/42656/1/jcdc2018.23.1.7.pdf http://eprints.usm.my/42656/ http://web.usm.my/jcdc/vol23_1_2018/jcdc2018.23.1.7.pdf |
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| Summary: | Some of the perceived benefts of standard forms of contract are standardisation,
uniformity, stability and the availability of well-established terms and conditions which allow
predictability and greater certainty in legal relations. Thus, the standard forms are widely
adopted in the construction industry to facilitate the contractual arrangements between
contracting parties in a construction project. Having become commonplace in construction
transactions, they are often generally accepted by the various contracting parties and their
advisers. Notwithstanding its importance, literature suggests that it is practically unfeasible to
devise a standard form of contract that would cater for all eventualities and construction
issues that might occur in construction projects. As a result, the existing standard forms are
sometimes amended or modifed in order to ft the clients' requirements and also to suit
the contractors' expectations. This paper therefore investigates the key factors that drive
amendments to the standard forms of contract in the South African construction industry.
Considering the fact that this paper presents fndings that relied on a descriptive survey
method, the mean item score was used for presenting the results. The data was obtained
through an online questionnaire survey sent to the construction professionals who are usually
involved in the selection of contract forms for the client in the Gauteng Province of South
Africa (SA). The data was analysed using the statistical package for the social sciences (SPSS)
and the results indicate that "altering risk allocation", "inserting additional obligation" and
"correcting something which is not applicable" are the three prominent factors that highly
drive the amendment of standard forms of contract in the Gauteng Province of South Africa |
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