The Effects of Delay in Delivering Public Construction Projects

This dissertation attempts to discuss the effects and consequences of delays in delivering public construction projects of government agencies in accordance with the prevailing procurement laws and administrative contracts which differ from private contracts in terms of authority the government enti...

وصف كامل

محفوظ في:
التفاصيل البيبلوغرافية
المؤلف الرئيسي: ALMONAYYER, KHALED ADEL (author)
منشور في: 2021
الموضوعات:
الوصول للمادة أونلاين:https://bspace.buid.ac.ae/handle/1234/1991
الوسوم: إضافة وسم
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author ALMONAYYER, KHALED ADEL
author_facet ALMONAYYER, KHALED ADEL
author_role author
dc.creator.none.fl_str_mv ALMONAYYER, KHALED ADEL
dc.date.none.fl_str_mv 2021-11
2022-04-25T08:45:38Z
2022-04-25T08:45:38Z
dc.format.none.fl_str_mv application/pdf
dc.identifier.none.fl_str_mv 20195262
https://bspace.buid.ac.ae/handle/1234/1991
dc.language.none.fl_str_mv en
dc.publisher.none.fl_str_mv The British University in Dubai (BUiD)
dc.subject.none.fl_str_mv public construction projects
government agencies
delays
government projects
delay damages
United Arab Emirates (UAE)
dc.title.none.fl_str_mv The Effects of Delay in Delivering Public Construction Projects
dc.type.none.fl_str_mv Dissertation
description This dissertation attempts to discuss the effects and consequences of delays in delivering public construction projects of government agencies in accordance with the prevailing procurement laws and administrative contracts which differ from private contracts in terms of authority the government entity has to protect and preserve the rights of the public and the taxpayers whom are the real financiers of those projects, in addition to the contractual and legal procedures the government entity undertakes in case of delay to ensure that the rights of the public are preserved and the project agreed completion time is preserved. The dissertation also discusses the different cases and causes of delay in government projects and the extent to which the contract parties are responsible for those delays, the methods of delay analysis to determine responsibility and duration of delay, how the cost of delay is decided and calculated, conditions for applying delay damages, and enforceability of liquidated damages in case of termination. In light of the existence of several legal and judicial systems, the most important of which are the civil law and the common law, differences in the legal actions and consequences of delays in government projects in the Emirate of Dubai, which applies civil law, and the United States, which applies common law are discussed to clarify the differences in the Administrative Contracts in both countries in accordance with the enacted laws and government requirements in force. The significance of this Dissertation arises from the importance to understand the differences between administrative contracts in civil and public law jurisdictions in terms of delay damages legal definitions, legal and contractual consequences of delays, and enforceability of delay damages and their effectiveness and usefulness in achieving the governments’ intended goals in terms of completing public projects within the agreed budget and completion time, and compensating the governments for damages incurred in the event of contractor-caused delays. It is also significant that the effect of delay damages clauses on the attractiveness of government projects is considered and its effect on the pricing of these projects in light of the rights the enacted procurement laws grant the government entity to exercise in order to ensure that the interests of the public are preserved.
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spelling The Effects of Delay in Delivering Public Construction ProjectsALMONAYYER, KHALED ADELpublic construction projectsgovernment agenciesdelaysgovernment projectsdelay damagesUnited Arab Emirates (UAE)This dissertation attempts to discuss the effects and consequences of delays in delivering public construction projects of government agencies in accordance with the prevailing procurement laws and administrative contracts which differ from private contracts in terms of authority the government entity has to protect and preserve the rights of the public and the taxpayers whom are the real financiers of those projects, in addition to the contractual and legal procedures the government entity undertakes in case of delay to ensure that the rights of the public are preserved and the project agreed completion time is preserved. The dissertation also discusses the different cases and causes of delay in government projects and the extent to which the contract parties are responsible for those delays, the methods of delay analysis to determine responsibility and duration of delay, how the cost of delay is decided and calculated, conditions for applying delay damages, and enforceability of liquidated damages in case of termination. In light of the existence of several legal and judicial systems, the most important of which are the civil law and the common law, differences in the legal actions and consequences of delays in government projects in the Emirate of Dubai, which applies civil law, and the United States, which applies common law are discussed to clarify the differences in the Administrative Contracts in both countries in accordance with the enacted laws and government requirements in force. The significance of this Dissertation arises from the importance to understand the differences between administrative contracts in civil and public law jurisdictions in terms of delay damages legal definitions, legal and contractual consequences of delays, and enforceability of delay damages and their effectiveness and usefulness in achieving the governments’ intended goals in terms of completing public projects within the agreed budget and completion time, and compensating the governments for damages incurred in the event of contractor-caused delays. It is also significant that the effect of delay damages clauses on the attractiveness of government projects is considered and its effect on the pricing of these projects in light of the rights the enacted procurement laws grant the government entity to exercise in order to ensure that the interests of the public are preserved.The British University in Dubai (BUiD)2022-04-25T08:45:38Z2022-04-25T08:45:38Z2021-11Dissertationapplication/pdf20195262https://bspace.buid.ac.ae/handle/1234/1991enoai:bspace.buid.ac.ae:1234/19912022-05-24T12:10:30Z
spellingShingle The Effects of Delay in Delivering Public Construction Projects
ALMONAYYER, KHALED ADEL
public construction projects
government agencies
delays
government projects
delay damages
United Arab Emirates (UAE)
title The Effects of Delay in Delivering Public Construction Projects
title_full The Effects of Delay in Delivering Public Construction Projects
title_fullStr The Effects of Delay in Delivering Public Construction Projects
title_full_unstemmed The Effects of Delay in Delivering Public Construction Projects
title_short The Effects of Delay in Delivering Public Construction Projects
title_sort The Effects of Delay in Delivering Public Construction Projects
topic public construction projects
government agencies
delays
government projects
delay damages
United Arab Emirates (UAE)
url https://bspace.buid.ac.ae/handle/1234/1991