Technical note: Analysis of claims and disputes in contracts for oil and gas development projects in Iran with solutions

• Main Authors: Fathollah Sajedi, Farrokh Sarmast Shoushtari
• Format: Article
• Language: fas
• Published: Iranian Society of Structrual Engineering (ISSE) 2017-08-01
• Series: Journal of Structural and Construction Engineering
• Subjects: Factor; Claim; Dispute; Solution; Oil and gas contracts; Iran
• Online Access: http://www.jsce.ir/article_45207_b091cafc2a1ac291840a3a9e4cebeb4e.pdf

Contracts for oil and gas development projects are naturally complex, they are explained with some of maps and technical specifications. To supply the goals of contracts, it is necessary to construct by a team having owner, consulting engineer and contractor. The unique aspects of each project and team working are resulting to disagreements. It should be noted that the majority of team workers have not previously worked together. It may not be expected to forecast all project aspects in design and preparation of tender documents process. However, in some cases it will occur inconsistencies in contract documents and possibly may be disagreements on commentary of the cases which there are in the provisions of the contract. Every root of disagreement resulted in to claim and finally dispute. Lack of foresight and/or existing ambiguous texts in some provisions of contract, not being aware of components of the project to conditions and obligations and rules of contract will complex and sometimes impossible the agreement on implementation problems. Therefore, the claims will be resulted in disputes and inflict financial losses to contractors and/or owners and then the projects will not be completed. In Iran many activities have not been carried out about claims and disputes in different orientations especially in areas futures and hence, it was studied in this research. Firstly, research history was considered and the causes of claims and disputes were identified in process of different levels of oil projects construction from primary to exploitation and then a questionnaire was prepared using the comments of experts. Finally, the questionnaire was analysed by SPSS and the approved factors in creation of claims and disputes and in their roots were ranked.