researcher zakaria m. aljarosha supervisor dr. kamalain k. shaath

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Impact of Conditions of Contract for Construction (FIDIC 99) on the Gaza Strip Contractor’s Cost Estimation Res ear che r Zak ari a M. Superviso r Dr. Kamalain K. Shaath

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Page 1: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Impact of Conditions of Contract for Construction (FIDIC 99) on the Gaza Strip Contractor’s Cost Estimation

Researcher

Zakaria M.

Aljarosha

SupervisorDr.

Kamalain K. Shaath

Page 2: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Statement of the Problem

Condition of Contract for Construction (FIDIC 99) has

been recently ratified by the Palestinian cabinet as the

Palestinian Unified Conditions of Contract for

construction works

Statement of the ProblemStatement of the Problem

Page 3: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Statement of the ProblemStatement of the Problem

To avoid bidding too low or too high, it is necessary to

study FIDIC 99 and develop a practical system to deal

with this matter

Statement of the Problem

Page 4: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

GoalGoal

To Analyze FIDIC 99, extract

associated responsibility and risk

factors and to develop a practical

system to help the Palestinian

contractors to better estimate the cost

impact of FIDIC 99

Page 5: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

ObjectivesObjectives

1- To study and analyze FIDIC 99 in terms

of responsibilities and risks.

2- To investigate the contractor’s practice in

estimating of cost implications of conditions

of contract in the Gaza Strip and to prioritize

these factors.

Page 6: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

ObjectivesObjectives

3- To develop a practical system.

4- To computerize the system.

5- To evaluate the system.

Page 7: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

LimitationsLimitations

1- First and second class contractor according

to PCU.

2- FIDIC 99 General Conditions.

Page 8: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

MethodologyMethodology

Page 9: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Analysis of FIDIC 99Analysis of FIDIC 99

Responsibilities = 39 factors

To Provide

Staff Welfar

e

Security, Safety

and Services

Contractual

To do

Page 10: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Analysis of FIDIC 99Analysis of FIDIC 99

Risks = 54 factors

Construction

Related

Performance

Related

Contractual & Legal

PhysicalPolitical & Social

Page 11: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Field SurveyField Survey

Questionnaire was designed after

conducting of the Literature Review and

Analysis of FIDIC 99

Research population: Local contractors who

are classified under the first and second

classes in various types of woks

Page 12: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Field SurveyField Survey

32 received

71 sent

Seventy one copies were

distributed.

Thirty two were answered and

received.

Response rate = 45%

Page 13: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Field SurveyField Survey

Formalized Techniques

Computer Tools Tools for FIDIC 99

85.00% 78.10%

93.80%

Contractor’s

Don’t Use

Page 14: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Field SurveyField Survey

FIDIC

87

FIDIC

99

UNRWA

UNDP

PECDAR W

B EU

SMDM

MPW PW

A

Other

s

28.10%

37.50%

65.60%65.60%

56.30%

37.50%

28.10%

9.40%

56.30%

46.90%

15.60%

Standard Contract used by Contractors

Page 15: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Field SurveyField Survey

Avoidance18%

Transfer48%

Mitigation34%

It is observed that none of

the respondents seek to keep

risks.

No doubt that all risks can

not be avoided, transferred

or mitigated. It was

previously observed that

there is no systematic

techniques for estimating

and managing risks.

Accordingly, risks are

unconsciously retained.

Risk Response Strategies

It is observed that none of

the respondents seeks to

keep risks.

No doubt that all risks can not

be avoided, transferred or

mitigated. It was previously

observed that there is no

systematic techniques for

estimating and managing

risks.

Accordingly, risks are

unconsciously retained

Page 16: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Field SurveyField Survey

Rank RII Mitigation Action No.

1 0.92 Insurance against accidents A

2 0.85 Improve quantity and quality of staff B

3 0.80 Buy and store materials C

4 0.78 Increase safety measures and tools D

5 0.75 Increase quantity of equipment E

6 0.71 Closer supervision to subordinates F

7 0.69 Include time allowance G

8 0.66 Increase subcontract works as possible H

9 0.63 Increase working hours I

10 0.52 Assign risk to suppliers j

Mitigation Actions

Page 17: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Field SurveyField Survey

Rank RII Statement No.

1 0.85 Adopting of Dispute Adjudication Board (DAB)

A

2 0.83 Discouraging disputes and maintaining positive relationships

B

3 0.81 Reasonably balanced and fair C

4 0.80 Allocates liabilities precisely D

5 0.79 Easy to understand E

6 0.77 Standardized F

7 730. Availability of legal interpretations G

8 0.68 Non applicable provisions could be deleted H

8 0.68 Availability of commentaries and literature I

Advantages of FIDIC 99

Page 18: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Field SurveyField Survey

Rank RII Statement No.

1 0.79 Assumes that project is well defined prior to contract signature

A

2 0.74 Not well adopted to cope with large number of changes

B

3 0.71 Presence of some biased clauses against contractor

C

4 0.67 Assumes unit price remains valid D

5 0.66 Low contractor involvement in decisions related to design

E

6 0.58 Not applicable in the Gaza Strip F

Disadvantages of FIDIC 99

Page 19: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Field SurveyField Survey

Rank RII Responsibility Factor No.

1 0.83 Insurance against person’s injury and property’s damage

1

2 0.79 Insurance against sickness, disease or death of personnel.

2

3 0.78 Insurance for works and equipments 3

4 0.77 Advanced payment guarantee 4

4 0.77 Site and works clear of unnecessary obstructions, rubbish, temporary works, etc.

5

Responsibility Factors

Page 20: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Field SurveyField Survey

Rank RII Mitigation Action No.1 0.83 Non-availability of goods, consumables, etc. 1

2 0.81 Delay to complete work stated in the contract 2

3 0.79 Work interruption due to variations 3

4 0.78 Delay, impediment or prevention caused by employer

4

5 0.77 Works or goods loss or damage 5

6 0.76 Contractor’s design, workmanship or materials failure during suspension

6

7 0.75 Temporary works loss or damage 7

8 0.66 Contractor’s equipment loss or damage 8

9 0.74 Delayed drawings or instructions due to contractor’s fault

9

10 0.69 Interference in the convenience of public 10

Risks by Probability

Page 21: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Field SurveyField Survey

Rank RII Mitigation Action No.1 0.85 Work interruption due to variations 1

2 0.84 Non-availability of goods, consumables, etc. 2

3 0.81 Interim payment certificate with-held 3

3 0.81 Contract termination by employer 4

5 0.78 Delay, impediment or prevention caused by employer

5

6 0.77 Failure to comply with engineer’s instructions 6

7 0.74 Unforeseen disruption or delay by authorities 7

8 0.73 Errors in positions, levels, dimensions or alignments

8

8 0.73 Delay to complete work stated in the contract 9

10 0.72 Work suspension is a responsibility of contractor 10

Risks by Cost Impact

Page 22: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

FIDIC 99 Cost estimating System (FCIES)

FIDIC 99 Cost estimating System (FCIES)

FCIES aims at helping the contractors of the Gaza Strip for more accurate estimation based on FIDIC 99

Responsibilities

Estimated directly

Risks

Monte Carlo simulation

Page 23: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

FCIES DescriptionFCIES Description

Page 24: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

FCIES TestingFCIES Testing

Anti-bugging

Degeneracy testing

Deterministic model

Continuity testing

Expert intuition

Model Verification Model Validation

Page 25: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

FCIES TestingFCIES Testing

FCIES Evaluation

Approaching 5 local contractors classified at first class according to PCU

The results show that the overall satisfaction of FCIES performance is 88.29%

Page 26: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

FCIES EvaluationFCIES Evaluation

Allays fears of lack of sufficient information and expertise about FIDIC 99

Helpful in proper understanding the terms of FIDIC 99

FCIES advantages

Page 27: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

FCIES EvaluationFCIES Evaluation

Helps to find creative ways for dealing with risks

Provides sufficient flexibility in order to absorb facts and alternatives

FCIES advantages

Page 28: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

FCIES EvaluationFCIES Evaluation

Criticisms

Responsibility and risk factors were built in the program, which limits the flexibility of FCIES

FCIES calculates the cost impact of FIDIC 99 apart from cost estimating of bill of quantities

Page 29: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Majority of local contractors do not use formalized techniques for estimation purposes

when pricing a bid

Local contractors do not have suitable tools to estimate the cost impact of FIDIC 99

Introduction of DAB for settling disputes and FIDIC 99 discouraging disputes are the most

appreciated features of FIDIC 99

Conclusions

Con

clu

sio

ns

Page 30: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Conclusions

Not well suitable to cope with large number of variations, Presence of some biased clauses

against the contractor and Low contractor involvement in decisions related to design are

the most disadvantages of FIDIC 99

Page 31: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Conclusions

Providing different types of insurance

Keeping the site and works clear from unnecessary obstructions, rubbish, temporary

works and surplus materials.

Complying with safety regulations

The most important responsibilities are

Con

clu

sio

ns

Page 32: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Work interruption due to variations

Delay in completing works

Non-availability of goods, consumables and construction materials

With-holding of interim payment certificate

Conclusions

The most important risks are

Page 33: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Conclusions

FCIES was developed in order to help the local contractors to estimate the cost impact of FIDIC

99

FCIES evaluators are generally satisfied with its performance

FCIES could play an important role in improving the cost estimation under FIDIC 99.

FCIES

Page 34: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Proper understanding of terms of FIDIC 99

Better assessment of the financial impact of FIDIC 99

Flexible and easy to use

Saves time and minimize efforts

FCIES Advantages

Conclusions

FC

IES

Page 35: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

It is recommended that pricing team should be supported with the necessary tools and

techniques

More time and efforts should be provided at the front end of the project where experienced staff should be involved to manage or mitigate

the risks and administrate the contract

Recommendations

Recom

men

dati

on

s

Page 36: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Risk documentation could be helpful in pricing future projects

Early involvement of contractor reduces the possibility of excessive variations. It is

recommended to encourage other types of contracts settings such as design-build or

construction management

Recommendations

Recom

men

dati

on

s

Page 37: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Recommendations

Offering training courses about FIDIC 99

Contractors are invited to use FCIES in order to get more accurate cost estimation

It is recommended to buy and store as much as possible of construction materials at the front

end of a project

Recom

men

dati

on

s

Page 38: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

Recommendations for further studiesRecommendations for further studies

Study and investigate probability distribution of different risk factors

Integrate FCIES with cost estimation software in order to have comprehensive system

Conduct another survey when the construction industry recovers and make comparative

analysis

Page 39: Researcher Zakaria M. Aljarosha Supervisor Dr. Kamalain K. Shaath

THANK YOUResearcher: Zakaria M.

Aljarosha

Supervisor: Dr. Kamalain K. Shaath

October 2008

Islamic University of

Gaza