The Role of Contractual Provisions in Managing Delays and Disputes: A Review
Anshul Rao1, Prof. (Dr.) J. R. Pitroda2, Prof. Jagruti P. Shah3, Dharmesh Kalthia4
1 Final Year, M.Tech. (Civil) Construction Engineering and Management, BVM Engineering College, Vallabh Vidyanagar, Gujarat, India, Email – anshulrao1994@gmail.com.
2 Professor, PG Coordinator Construction Engineering and Management, Civil Engineering Department, BVM Engineering College, Vallabh Vidyanagar, Gujarat, India, Email – jayesh.pitroda@bvmengineering.ac.in
3Assistant Professor, Structural Engineering Department, BVM Engineering College, Vallabh Vidyanagar, Gujarat, India, Email - jagruti.shah@bvmengineering.ac.in.
4 Director, Kalthia Engineering & Construction Ltd, Ahmedabad, Gujarat, India.
Abstract: Construction projects are inherently complex and often experience delays, significantly impacting timelines and costs. Effective delay management is crucial, with contracts playing a key role in defining responsibilities and remedies, including provisions like Extension of Time (EoT) clauses and liquidated damages to mitigate financial risks. Delay analysis techniques, such as Time Impact Analysis (TIA) and the Relative Importance Index (RII), are critical for identifying delay causes, assigning accountability, and ensuring fair dispute resolution. However, challenges like unclear contract language, poor record-keeping, and inconsistent analysis methods often complicate the resolution of disputes, leading to prolonged conflicts. Establishing clear documentation requirements, fostering strong communication among stakeholders, and adopting standardized delay analysis methods are vital for minimizing disputes and facilitating efficient resolutions. Furthermore, advancements in technology, including AI and Building Information Modelling (BIM), present opportunities to improve delay management and enhance contractual effectiveness. A well-structured contractual framework, supported by robust delay analysis and dispute resolution strategies, is essential for minimizing conflicts and ensuring the successful delivery of construction projects.
