Analysis of Cost Driven-Critical Clauses for EPC Contract: Indian National Highway Projects

International Journal of Civil Engineering
© 2024 by SSRG - IJCE Journal
Volume 11 Issue 2
Year of Publication : 2024
Authors : Oza Dharmesh, Bhatt Rajivkumar
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How to Cite?

Oza Dharmesh, Bhatt Rajivkumar, "Analysis of Cost Driven-Critical Clauses for EPC Contract: Indian National Highway Projects," SSRG International Journal of Civil Engineering, vol. 11,  no. 2, pp. 25-33, 2024. Crossref, https://doi.org/10.14445/23488352/IJCE-V11I2P103

Abstract:

Disagreements, lawsuits, and litigation pertaining to the construction of national highways are growing daily on a global scale. Most of the studies have focused on problems with the creation of contracts and defective contract documents. Contractors file lawsuits against the government, citing issues such as design changes, delays, and additional costs. The disputes underscored the challenges in managing large-scale infrastructure projects. With rapidly rising infrastructure development in India, lots of disputes, arbitration, litigation, and court cases are available in the Indian construction sector. It becomes imperative to carefully review contract clauses to guarantee the timely execution of projects and their cost-effectiveness. This study is based on an analysis of cost-driven critical contract clauses for Engineering Procurement and Construction (EPC) model contracts of highway Projects in India that have a high risk of cost overrun, time overrun, and litigation. A qualitative approach has been used for the data collection from contractors, consultants, and National Highway Authority of India (NHAI) officials. A total of 161 responses were collected. Dimension reduction approach of Principal Component Analysis (PCA) was used to find out total variance, rotated component matrix, etc. The outcome shows that the EPC contracts contained multiple significant (high-risk) contract clauses related to time overruns, cost overruns, and lawsuits. The cost-driven critical clauses in decreasing order are as follows: supervision and monitoring during maintenance, traffic regulation, quality monitoring and supervision, and change in scope.

Keywords:

Clauses, Contract, EPC, Litigation, Principal Component Analysis, NHAI, Time overrun.

References:

[1] Murali Jagannathan, and Venkata Santosh Kumar Delhi, “Litigation Proneness of Dispute Resolution Clauses in Construction Contracts,” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, vol. 11, no. 3, 2019.
[CrossRef] [Google Scholar] [Publisher Link]
[2] Ministry of Road Transport & Highways, Electronic Toll Collection through FASTag Grew 46% in 2022, 2023. [Online]. Available: https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1893290
[3] Ministry of Road Transport & Highways, Annual Report National Highways Authority of India 2016-17, 2017. [Online]. Available: https://morth.nic.in/sites/default/files/Annual-Report-2016-17.pdf
[4] Ei Ei Chan, Mazdak Nik-Bakht, and Sang Hyeok Han, “Sources of Ambiguity in Construction Contract Documents, Reflected by Litigation in Supreme Court Cases,” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, vol. 13, no. 4, 2021.
[CrossRef] [Google Scholar] [Publisher Link]
[5] Peyton E. Hutchens, “Risk Reduction through Indemnification Contract Clauses,” Journal of Management in Engineering, vol. 8, no. 3, pp. 267-277, 1992.
[CrossRef] [Google Scholar] [Publisher Link]
[6] Kevin P. Walsh, “Identifying and Mitigating the Risks Created by Problematic Clauses in Construction Contracts,” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, vol. 9, no. 3, 2017.
[CrossRef] [Google Scholar] [Publisher Link]
[7] Djoen San Santoso, and Sothy Soeng, “Analyzing Delays of Road Construction Projects in Cambodia: Causes and Effects,” Journal of Management in Engineering, vol. 32, no. 6, pp. 1-11, 2016.
[CrossRef] [Google Scholar] [Publisher Link]
[8] K.V. Prasad et al., “Critical Causes of Time Overrun in Indian Construction Projects and Mitigation Measures,” International Journal of Construction Education and Research, vol. 15, no. 3, pp. 216-238, 2019.
[CrossRef] [Google Scholar] [Publisher Link]
[9] Gholamreza Heravi, and Meghdad Mohammadian, “Investigating Cost Overruns and Delay in Urban Construction Projects in Iran,” International Journal of Construction Management, vol. 21, no. 9, pp. 958-968, 2021.
[CrossRef] [Google Scholar] [Publisher Link]
[10] H.B. Sanggoro, S.W. Alisjahbana, and D. Mohamad, “Influence of Project and Affected Local Community Interests Level on Social Conflicts in Indonesian Infrastructure Projects,” International Journal of Engineering: Basics, Applications and Aspects, vol. 35, no. 7, pp. 1217-1226, 2022.
[CrossRef] [Google Scholar] [Publisher Link]
[11] Murali Jagannathan, and Venkata Santosh Kumar Delhi, “Litigation in Construction Contracts: Literature Review,” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, vol. 12, no. 1, 2020.
[CrossRef] [Google Scholar] [Publisher Link]
[12] Dhaval Parikh, G.J. Joshi, and D.A. Patel, “Development of Prediction Models for Claim Cause Analyses in Highway Projects,” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, vol. 11, no. 4, pp. 1-11, 2019.
[CrossRef] [Google Scholar] [Publisher Link]
[13] M. Kishore Kumar, Ch Hanumantha Rao, and L. Boeing Singh, “Time & Cost Overrun Analysis of National Highway Development Project,” Journal of the Indian Roads Congress, vol. 73, no. 3, pp. 299-321, 2012.
[Google Scholar] [Publisher Link]
[14] R. Ansari et al., “Decision Support System for Analyzing Key Performance Indicators in Construction Projects Management,” International Journal of Engineering: Basics, Applications and Aspects, vol. 35, no. 5, pp. 865-874, 2022.
[15] Sarwono Hardjomuljadi, “Use of Dispute Avoidance and Adjudication Boards,” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, vol. 12, no. 4, 2020.
[CrossRef] [Google Scholar] [Publisher Link]
[16] Edward M. Wise, “A System of Rights,” American Journal of Legal History, vol. 43, no. 1, pp. 95-96, 1999.
[CrossRef] [Google Scholar] [Publisher Link]
[17] Khaled Alrasheed et al., “Litigation versus Judicial Arbitration as Binding Dispute Settlement Techniques in Public Construction Projects,” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, vol. 15, no. 1, 2023.
[CrossRef] [Google Scholar] [Publisher Link]
[18] Chintan Munvar, Desalegn Girma Mengistu, and Gangadhar Mahesh, “Concurrent Delay Analysis: Methods, Case Law, and Expert Perception,” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, vol. 12, no. 1, pp. 1-8, 2020.
[CrossRef] [Google Scholar] [Publisher Link]
[19] Alberto De Marco, Carlo Rafele, and Muhammad Jamaluddin Thaheem, “Dynamic Management of Risk Contingency in Complex Design-Build Projects,” Journal of Construction Engineering and Management, vol. 142, no. 2, 2016.
[CrossRef] [Google Scholar] [Publisher Link]
[20] Jaikrishna Padhy, Murali Jagannathan, and Venkata Santosh Kumar Delhi, “Application of Natural Language Processing to Automatically Identify Exculpatory Clauses in Construction Contracts,” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, vol. 13, no. 4, pp. 1-9, 2021.
[CrossRef] [Google Scholar] [Publisher Link]
[21] Joseph F. Hair et al., Multivariate Data Analysis, 6th ed., Upper Saddle River, NJ: Prentice-Hall, 2006.
[22] Prachi Vinod Ingle, and Gangadhar Mahesh, “Construction Project Performance Areas for Indian Construction Projects,” International Journal of Construction Management, vol. 22, no. 8, pp. 1443-1454, 2022.
[CrossRef] [Google Scholar] [Publisher Link]
[23] Yogeshwar V. Navandar et al., “Empirical Analysis of Level of Service at Toll Plaza by Using Ordered Probit Model,” Transportation Letters, vol. 12, no. 10, pp. 692-700, 2020.
[CrossRef] [Google Scholar] [Publisher Link]