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Developing a Contract Model for the Owner Constructor Partnership in Building Projects

Afzali, Ali | 2023

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  1. Type of Document: M.Sc. Thesis
  2. Language: English
  3. Document No: 56121 (53)
  4. University: Sharif University of Technology, International Campus, Kish Island
  5. Department: Science and Engineering
  6. Advisor(s): Alvanchi, Amin
  7. Abstract:
  8. In recent decades, many building projects have been implemented in the form of partnership agreements between the land owners and the private contractors, investing in the buildings’ construction. The growing trend of implementing such projects is due to the increased price of land and the constructors’ inability to separately buy a piece of land and implement their individual building projects. On the other hand, many owners cannot afford the construction cost of building projects. At present, this form of building partnership agreement arranged and concluded between the landowner and the contractor is not normally signed through balanced and thoroughly thought contract documents. This trend has resulted in many problems and lawsuits between the parties of the agreement. Based on the published statistics, many lawsuits concerning these projects are initiated every year. In the current study, the existing risks in this form of building construction agreement are collected, classified, and prioritized based on the comprehensive literature review and field survey from experts, while some real cases are examined. Subsequently, appropriate responses are provided to the identified risks, and the contractual structure of the owner-constructor building construction partnership is presented based on the provision of a scientific response to the risks. At the next stage, the proposed contractual format and its amendments are prepared according to the opinions of experts active in this type of project
  9. Keywords:
  10. Construction Projects ; Counterparty Risk ; Risk ; Risk Responsibility ; Contracting Type ; Owner-Constructor Partnership Contract ; Owner-Constructor Partnership ; Construction Industry Projects

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