Evaluating the effectiveness of construction payment provisions in New Zealand

aut.conference.typePaper Published in Proceedings
aut.researcherRotimi, James Olabode Bamidele
dc.contributor.authorRamachandra, T
dc.contributor.authorRotimi, JOB
dc.date.accessioned2013-09-24T02:04:54Z
dc.date.available2013-09-24T02:04:54Z
dc.date.copyright2013
dc.date.issued2013
dc.description.abstractStandard forms of contract and Construction Contracts Act (CCA) are designed as primary means of mitigating payment problems within the New Zealand construction industry. However, payment problems have been on the increase since last four decades. The research therefore evaluated the effectiveness of those payment provisions. Construction practitioners surveyed were of the opinion that overall the provisions in the standard forms of contract and the CCA are moderately effective. The right to claim and right to respond to claims under both documents are more effective than the provisions for non-payments. Detail analyses of views indicate that 20-30% of participants found the provisions highly effective while another equal percentage considered them slightly effective. This distribution of effectiveness is supported by the views which include: the CCA improves payment problems as it resolves disputes faster; the CCA is incapable of guaranteeing payment; failure to comply with the CCA provisions and reluctance to apply the provisions on certain reputed project partners. The research therefore recommends that there needs to be changes to the CCA to have a separate mean(s) of securing payment in the form of escrow account, payment bond or any other means. This would encourage construction parties to use the CCA provisions and thereby improve the effectiveness of the overall Act.
dc.identifier.citation2013 RICS COBRA Research Conference held at Radisson Blu Plaza, New Delhi/India, 2013-09-10 to 2013-09-12
dc.identifier.urihttps://hdl.handle.net/10292/5698
dc.publisherThe Royal Institution of Chartered Surveyors (RICS)
dc.relation.urihttp://www.rics.org/nz/knowledge/research/conference-papers/cobra-2013---evaluating-the-effectiveness-of-construction-payment-provisions-in-new-zealand/
dc.rightsThis content is available to everyone, free of charge at [Publisher's Version]
dc.rights.accessrightsOpenAccess
dc.subjectConstruction Contracts Act
dc.subjectStandard forms of contract
dc.subjectEffectiveness
dc.subjectNew Zealand
dc.subjectPayment provisions
dc.titleEvaluating the effectiveness of construction payment provisions in New Zealand
dc.typeConference Contribution
pubs.elements-id153246
pubs.organisational-data/AUT
pubs.organisational-data/AUT/Design & Creative Technologies
pubs.organisational-data/AUT/Design & Creative Technologies/School of Engineering
Files
Original bundle
Now showing 1 - 1 of 1
Loading...
Thumbnail Image
Name:
2013 COBRA TR.pdf
Size:
65.7 KB
Format:
Adobe Portable Document Format
Description:
License bundle
Now showing 1 - 1 of 1
Loading...
Thumbnail Image
Name:
licence.htm
Size:
30.34 KB
Format:
Unknown data format
Description: