Law Commons^™

Integrated Project Delivery (Ipd): A Contractual Framework For The Egyptian Construction Industry, Sarah Hussain

Theses and Dissertations

This abstract highlight the significant findings and contributions of the study, which aimed to develop model clauses specifically tailored to the Egyptian construction industry for multi-party construction contracts. The research methodology encompassed several key components. Firstly, a comprehensive literature review was conducted to explore the various construction delivery methods prevalent in Egypt. This review provided a solid foundation for understanding the existing practices and identifying areas for improvement. The study also delved into the concept of Integrated Project Delivery (IPD) and its potential benefits as well as an analysis of the commonly used standard forms of contract and successful case …

Implications Of Good Faith In Construction Contracts, Nadine Rashed

Theses and Dissertations

The principle of good faith is making inroads and continues to significantly impact various contractual arrangements. In most civil legal systems, good faith is present as a core principle. Nevertheless, its definition is beyond doubt scarce in the construction industry. However, the common law lacks the good faith obligations. Good faith is one of the fundamental principles that impact the contractual obligations between the contracting parties. This paper creates an urge to address the implications of good faith on construction contracts in the pre-contract and post-contract award stages. Therefore, the paper’s objective is to propose a legal/contractual clause that meets …

An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction, Mostafa Farouk

Theses and Dissertations

The increasing complexity and magnitude of projects impose greater impact of delays on stakeholders. Construction delays are a major source of disputes in construction projects. Since a construction project depends on interactions and shared responsibilities among parties, research works were directed toward identifying delay causes, quantifying their impacts, and proposing ways to deal with them. Several delay analysis techniques (DATs) are available, but when applied to the same project’s delays provide different results. Thus, the selection of the DAT to use in evaluating delays becomes vital. Reviewing the literature, it has been realized that often there are disagreements, which lead …

Legal Characterization Of The Challenges Faced By The Construction Industry During Covid-19 And Devaluation Of The Egyptian Pound, Riham Abuzaid

Theses and Dissertations

With all the challenges this past decade has inflicted on the economy on a global scale, Egypt had its share with two major events, starting with the Egyptian pound devaluation against the U.S dollar in 2016 and currently the emergence of the COVID-19 pandemic. These major events instigated the interference of the legal/contractual sectors in the construction market to find solutions that range from agreeable to stringent to protect the assets of their beneficiaries.

Both events are impactful and require extensive analysis to determine and classify each situation. This thesis addresses the implementation of standard internationally acknowledged legislative acts used …

Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw

Theses and Dissertations

Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …

Assessment Of Contract Terms And Conditions For Lump-Sum Contracts, Omar Othman

Theses and Dissertations

A Contract is a tool that defines the obligations of the contracting parties and assigns the risk between them. Contracts are usually drafted to meet the interests of the owner by addressing the legal issues and liabilities. Meanwhile, less emphasis is placed on clearly communicating the contract terms and ensuring that all contracting parties comprehend their risks and obligations. In a country like Egypt, which has faced drastic economic and political changes in the past few years, and yet is experiencing a boom in the construction sector, many developers tend to draft contracts that might be legally complicated or lacks …

An Empirical Analysis Of Dod Construction Task Order Performance, Adam B. Teston, Tyler S. Stout

Theses and Dissertations

Cost and schedule overrun plague over 50 of all construction projects, engendering diminished available funding that leads to deferred maintenance and impaired award ability for needed projects. Though existing research attempts to identify overruns sources, the results are inconclusive and frequently differ. Accordingly, this research reviews DoD construction contract data from the past ten years to identify the contract attributes of 79,894 projects that correlate with superior performance for use in future project execution. This research starts with creating a database that houses the largest single source of construction contract information. The research then evaluates the data to determine if …

A Comparison Of Sbir Investment Methods: Afwerx Vs Legacy, Evan A. Gist

Theses and Dissertations

The AFWERX Open Topic (AOT) program uses funding from the United States Air Force’s (USAF) Small Business Innovation and Research (SBIR) budget to adapt commercial technology to USAF needs. The AOT approach to small business investment is markedly different from that of legacy SBIR investment methods. This research is a comparison of processes and outcomes for AOT and legacy SBIR. The first axis of comparison is on commercialization rates. Applying a legacy definition of commercialization on a sample of AOT contracts, we found AOT’s commercialization to be 37% (compared to an 8.8% for legacy SBIR). We caveat this finding by …

An Analysis Of Major Acquisition Reforms Through Text Mining And Grounded Theory Design, Amanda L. Mcgowin

Theses and Dissertations

Cost growth is an established phenomenon within Defense Acquisition that the US Government has attempted to abolish for decades through seemingly endless cycles of reform. Dozens of experts and senior leaders within the acquisition community have published their notions on the reasons for cost growth, nevertheless, legislation has yet to eradicate this presumed conundrum. For this reason, this research is aimed at identifying existing trends within past major Defense Acquisition Reform legislation, as well as in a compendium of views from leaders within the Defense Acquisition community on the efficacy of acquisition reform, to determine the possible disconnect. To accomplish …

Consuming Digital Debris In The Plasticene, Stephen R. Parks

Theses and Dissertations

Claims of customization and control by socio-technical industries are altering the role of consumer and producer. These narratives are often misleading attempts to engage consumers with new forms of technology. By addressing capitalist intent, material, and the reproduction limits of 3-D printed objects’, I observe the aspirational promise of becoming a producer of my own belongings through new networks of production. I am interested in gaining a better understanding of the data consumed that perpetuates hyper-consumptive tendencies for new technological apparatuses. My role as a designer focuses on the resolution of not only the surface of the object through 3-D …

Application Of Relational Contracting Methods To Federal Construction Projects, Travis R. Johnson

Theses and Dissertations

Relational contracting is a method designed to improve relationships between contracted parties. The federal construction sector was a leader in the development and implementation of an early form of relational contracting known as partnering. Since then, alliancing has emerged as the new evolution of relational contracts. While it provides many potential benefits to contracting parties, alliancing has not yet been utilized in federal construction procurement, which is subject to stringent regulations. A commercially available standard form alliancing contract was selected for analysis against the Federal Acquisition Regulation. Key practices that characterize the alliancing method were identified. Utilizing a panel of …

An Analysis Of Construction Contractor Performance Evaluation System, Rebecca S. Brown

Theses and Dissertations

A rigorous system for rating construction contractor performance does not exist for the USAF as identified by the Air Force Civil Engineer (USAF CE), Major General Del Eulberg (Eulberg, 2007). The United States Army Corp of Engineers (USACE) uses DD Form 2626 for contractor performance evaluation and contractor selection. The objective of this research is to strengthen the USAF contractor rating system by exploring USACE‘s use of DD Form 2626. Using data from DD Form 2626, statistical analysis was conducted to determine if the measured performance sub-items reflect their respective performance elements, whether the resulting performance elements relate to the …

Indentifying And Assessing Effective Mechanisms For Technology Transfer, Michael A. Romero

Theses and Dissertations

The ability to shift knowledge and resources from federal laboratories to industrial and academic partners and vice versa is the primary reason that technology transfer (T²) exists today. Without the cooperation of federal, state, and private agencies working together to resolve today’s technology quandaries, a lot of the breakthroughs experienced today would not exist. This research was focused on uncovering which mechanisms are utilized by scientists and engineers. The research entails uncovering both official and unofficial mechanisms and ascertaining why some methods are preferred over others. It is also a secondary focus, to determine which barriers are impeding …

Risk-Based Decision Model For Determining The Applicability Of An Earned Value Management System In Construction, Mark D. Workman

Theses and Dissertations

New policy mandated by the Undersecretary of Defense for Acquisition, Technology and Logistics has lowered the dollar thresholds of contracts requiring earned value management (EVM). This policy directed that a "risk-based decision" be made to determine if EVM should be used on firm-fixed price contracts under $20 million. Although not previously applicable to Military Construction (MILCON) building projects or other Air Force Civil Engineer (CE) managed contracts, the new threshold requires that CE projects be evaluated for risk. Therefore, the focus of this research was to analyze the risk factors associated with construction contracts in an attempt to build a …

Predicting The Effects Of Contingency Contracting On Local Economies, Donald J. Wagoner

Theses and Dissertations

In recent years, Air Force personnel have been deployed in support of contingency operations to various points on the globe. The Department of Defense spends millions of dollars to support and sustain forces during contingency operations. The Air Force deploys Contingency Contracting Officers (CCO) to support personnel during these operations. During a contingency operation contracting officers will normally establish short-term contracts as quickly as possible to meet mission requirements with little concern for the local economy. This research concluded that the actions of Air Force CCOs can affect the local economy in a deployed location. By providing contingency contracting officers …

An Analysis Of The Acquisition Process For Simplified Acquisition Of Base Engineering Requirements (Saber) Contracts And Its Potential Impact On Contractor Performance, Brian J. Heaps

Theses and Dissertations

The Simplified Acquisition of Base Engineering Requirements (SABER) contract's main purpose is to expedite contract award of civil engineer requirements through the issuance of individual delivery orders. The contract contains a collection of detailed task specifications that include most types of real property maintenance, repair, and construction work. The Assistant Secretary of the Air Force for Acquisition's Operational Contracting Division (SAF/AQCO) identified a number of failed SABER contracts. The problem statement designed for this research effort was: There are a large number of SABER contractors that are failing during the performance period on their SABER contracts. SAF/AQCO is trying to …

Professional Contracting Certification: An Examination And Model Development, Robert D. Lorton, Daniel I. Dunn

Theses and Dissertations

This study compared the elements of existing contracting certification programs to an ideal contracting certification model developed by experts. The expert panel responded to an open-ended electronic interview to convey their ideas regarding the individual elements for the model. Input received from the initial interviews was used to develop a survey for the panel members. The surveys were completed and results were recorded and conveyed back to the panel members. This process was repeated until a majority was reached on each individual element of the model, resulting in the ideal certification model. The final model contained elements of both the …