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FACTORS AFFECTING PROMPT SETTLEMENT OF FINAL ACCOUNT EMILIA BINTI AHZAMI UNIVERSITI TEKNOLOGI MALAYSIA

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Page 1: FACTORS AFFECTING PROMPT SETTLEMENT OF FINAL ACCOUNT

FACTORS AFFECTING PROMPT SETTLEMENT OF FINAL ACCOUNT

EMILIA BINTI AHZAMI

UNIVERSITI TEKNOLOGI MALAYSIA

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DECLARATION OF THESIS / UNDERGRADUATE PROJECT PAPER AND COPYRIGHT

Author’s full name :

Date of birth :

Title :

Academic Session :

I declare that this thesis is classified as :

I acknowledged that Universiti Teknologi Malaysia reserves the right as follows :

1. The thesis is the property of Universiti Teknologi Malaysia.

2. The Library of Universiti Teknologi Malaysia has the right to make copies for the purpose

of research only.

3. The Library has the right to make copies of the thesis for academic exchange.

Certified by :

SIGNATURE SIGNATURE OF SUPERVISOR

(NEW IC NO. /PASSPORT NO.) NAME OF SUPERVISOR

Date : Date :

NOTES : * If the thesis is CONFIDENTIAL or RESTRICTED, please attach with the letter from

the organisation with period and reasons for confidentiality or restriction.

UNIVERSITI TEKNOLOGI MALAYSIA

CONFIDENTIAL (Contains confidential information under the Official Secret

Act 1972)*

RESTRICTED (Contains restricted information as specified by the

organisation where research was done)*

OPEN ACCESS I agree that my thesis to be published as online open access

(full text)

EMILIA BINTI AHZAMI

23RD FEBRUARY 1982

FACTORS AFFECTING PROMPT SETTLEMENT OF

FINAL ACCOUNT

2017/2018

820223-04-5200 AP. DR. NUR EMMA BINTI MUSTAFFA

PSZ 19:16 (Pind. 1/07)

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QUANTITY SURVEYING”.

“I/ We* hereby declare that I/ we* have read this thesis and in

my/ our* opinion this thesis is sufficient in terms of scope and

quality for the award of the degree of Bachelor of

Signature : ……………………………………

Name of Supervisor : Assoc. Prof. Dr. Nur Emma Mustaffa

Date : …………………………………..

Signature : …………………………………..

Name of Second

Reader : Dr. Hamizah Liyana Tajul Ariffin

Date : …………………………............

* Delete as necessary.

Page 4: FACTORS AFFECTING PROMPT SETTLEMENT OF FINAL ACCOUNT

FACTORS AFFCETING PROMPT SETTLEMENT OF FINAL ACCOUNT

EMILIA BINTI AHZAMI

A dissertation submitted in partial fulfillment of the

requirements for the awards of the degree of

Bachelor of Quantity Surveying

Faculty of Built Environment

Universiti Teknologi Malaysia

DECEMBER 2017

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ii

DECLARATION

I declare that this thesis entitled “Factors Affecting Prompt Settlement of

Final Account” is the result of my own research except as cited in the

references. The thesis has not been accepted for any degree and is not

concurrently submitted in candidature of any other degree.

Signature : ....................................................

Name : EMILIA BINTI AHZAMI

Date : …………………………………

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iii

ACKNOWLEDGEMENT

I would like to take this opportunity to express my sincere appreciation to all

that has been helping me throughout the research. The great support and

contributions from various parties make this research a success.

A big thank you is dedicated to my supervisor, Associate Professor Dr Nur

Emma Mustaffa on the guidance, support and continuous encouragements.

Lastly, I would like to thank all my friends for their support and dedication in

helping me to complete this research.

Thank you very much.

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iv

ABSTRACT

The assessment and agreement of a Final Account in construction projects can be a

challenging and time-consuming process. Any delay of Final Account settlement can

have an adverse impact on the financial of contractual parties such as contractors.

Project success must not only limit to the completion of the projects, but it shall also

take into consideration the satisfaction of all stakeholders. Therefore, it is crucial to

identify the factors that affect the prompt settlement of Final Account. This research

is to provide an overview on the current problems faced in the Final Account

settlement. The purpose of this study is to identify the most significant factors and

causes of disputes for Final Account settlement in Malaysia. The scope of study is

only limited to the contractual liability for the contractors. Questionnaire survey was

distributed to collect the perspectives of experienced contractors on the factors

influencing the settlement of a Final Account. The study revealed that ‘variation’ and

‘delay in finalisation of variation orders’ were the most significant factor and cause

of dispute. Further to the findings, potential solutions are proposed such as

leveraging information and communication technology in the construction industry

to improve the information management; and focusing on the effectiveness of project

delivery and successful completion in totality. Thus, the findings and analysis will

assist to raise awareness to quantity surveyors and/or contractors by reducing the

potential conflict and remedy future delay so that to ensure Final Account can be

completed in a timely manner.

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v

ABSTRAK

Penilaian dan persetujuan perakuan muktamad dalam projek pembinaan merupakan

satu proses yang mencabar dan memakan masa. Kelewatan penyelesaian perakuan

muktamad boleh memberi kesan buruk terutamanya kepada kewangan pihak

kontraktor. Kejayaan projek haruslah dinilai bukan hanya terhad kepada penyiapan

sesuatu projek, tetapi juga perlu mengambil kira kepuasan semua pihak

berkepentingan. Oleh yang demikian, adalah penting untuk mengenal pasti faktor-

faktor yang mempengaruhi penyelesaian perakuan muktamad. Penyelidikan ini

adalah untuk memberikan gambaran mengenai masalah semasa yang dihadapi dalam

penyelesaian perakuan muktamad. Tujuan kajian ini adalah untuk mengenal pasti

faktor-faktor penting dan masalah pertikaian bagi penyelesaian perakaun muktamad

di Malaysia. Skop kajian ini hanya terhad kepada liabiliti kontrak bagi kontraktor

sahaja. Tinjauan soal selidik diedarkan untuk mengambil kira perspektif kontraktor

yang berpengalaman dalam penyelesaian perakuan muktamad. ‘Perubahan Kerja’

dan ‘Kelewatan menyelesaikan perubahan kerja’ adalah faktor yang paling penting

mempengaruhi penyelesaian perakuan muktamad. Beberapa langkah penyelesaian

dicadangkan seperti memanfaatkan teknologi maklumat dalam industri pembinaan;

dan keberkesanan dan penyelesaian projek perlu dilihat dari setiap sudut secara

holistik. Oleh itu, penemuan dan analisis dalam kajian ini dapat membantu

menigkatkan kesedaran pada juurukur bahan dan/atau pihak kontraktor agar

penyelesaian akaun muktamad dapat dilaksanakan dalam tempoh masa yang

ditetapkan.

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vi

TABLE OF CONTENTS

CHAPTER TITLE PAGE

DECLARATION ii

ACKNOWLEDGEMENTS iii

ABSTRACT iv

ABSTRAK v

TABLE OF CONTENTS vi

LIST OF TABLES ix

LIST OF FIGURES x

LIST OF ABBREVIATIONS xi

LIST OF APPENDICES xii

1 INTRODUCTION

1.1 Background of Problem Statement 1

1.2 Problem Statement 3

1.3 Research Objective 4

1.4 Scope of Study 5

1.5 Significance of Study 6

1.6 Research Structure 6

1.6.1 Chapter 1 – Introduction 6

1.6.2 Chapter 2 – Literature Review 7

1.6.3 Chapter 3 – Research Methodology (Data Collection) 7

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vii

1.6.4 Chapter 4 – Results & Discussion (Data Analysis) 7

1.6.5 Chapter 5 – Conclusion & Recommendations 7

2 LITERATURE REVIEW

2.1 Introduction 9

2.2 Definition of Final Account 10

2.3 The Importance of Final Account Settlement 10

2.4 Final Account Provisions in Standard Form of Contract 11

2.5 Final Account Procedure and Process 15

2.6 Factors that lead to the delay closing in Final Account 17

2.6.1 Variations 20

2.6.2 Measurements 20

2.6.3 Claims 21

2.6.4 Document and Records 22

2.7 Root cause of the delay in preparing Final Account 24

2.8 Conclusions 28

3 RESEARCH METHODOLOGY

3.1 Introduction 30

3.2 Research Methodology 31

3.2.1 Qualitative Research 31

3.2.2 Quantitative Research 31

3.3 Research Population & Sampling 32

3.3.1 Population 32

3.3.2 Sampling 33

3.4 Data Collection 34

3.4.1 Research Instruments - Questionnaire 35

3.4.1.1 Part A: Profile of Respondents 36

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viii

3.4.1.2 Part B: Factors Affecting Final Account 36

Settlement

3.4.1.3 Part C: Root cause of the delay in preparing 36

Final Account

3.5 Data Analysis 37

3.5.1 The Survey Analysis 37

3.6 Conclusion and Recommendations 38

4 DATA ANALYSIS

4.1 Introduction 39

4.2 Data Collection 40

4.3 Analysis of Result

4.3.1 Respondents’ Profile 41

4.4 Factors that lead to the delay closing in Final Account 45

4.5 Root cause of the delay in preparing Final Account 47

4.6 Summary 50

5 CONCLUSION AND RECOMMENDATIONS

5.1 Introduction 52

5.2 Research Findings & Conclusion 52

5.2.1 Objective One: Factors Affecting Final Account 53

Settlement

5.2.2 Objective Two: Root cause of the delay in preparing

Final Account 54

5.3 Limitation of Study 55

5.4 Recommendations for Further Research 56

5.5 Conclusion 60

REFERENCES AND BIBLIOGRAPHY 61 Appendix

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ix

LIST OF TABLES

TABLE NO. TITLE PAGE

1.1 Contract clauses in Standard Form of Contract 3

2.1 Contract provisions in relation to Final Account in 14

Standard Forms of Contract

2.2 Summary of underlying factor affecting Final Account 19

settlement

2.3 Cause of dispute that lead to the delay 24-25

4.1 Distribution and responses of questionnaires 40

4.2 Factors that affecting Final Account settlement 46

4.3 Causes of dispute in delay closing of Final Account 48

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x

LIST OF FIGURES

FIGURE NO. TITLE PAGE

1.1 Value of construction work done by location of project, Q1 2017 5

1.2 Flow Chart of Research Methodology 8

2.1 Final Account Process and Procedure 15

2.2 Final Account closing delay theoretical framework 27

3.1 Likert Scale 35

3.2 Relative Important Index (RII) Formula 38

4..1 Respondent’s positions in the organisations 41

4..2 Education level of respondents 42

4..3 Respondents’ years of experience in construction industry 43

4..4 Respondents’ experience in Final Account 43

4..5 Respondents’ involvement in number of projects for 44

Final Account

4..6 Number of project’s Final Account concluded within the 45

stipulated time

5.1 Building Information Modelling (BIM) 56

5.2 Construction Industry Structure (CIS) 59

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xi

LIST OF ABBREVIATION

ABBREVIATION FULL NAME

DLP Defects Liability Period

PAM Pertubuhan Arkitek Malaysia

JKR Jabatan Kerja Raya

CPC Certificate of Practical Completion

CIDB Construction Industry Development Board

CIMP Construction Industry Master Plan

CITP Construction Industry Transformation Program

CIPAA Construction Industry Payment and

Adjudication Act 2012

CMGD Certificate of Making Good Defects

IEM The Institution of Engineers Malaysia

S. O Superintendent Officer

P.C sum Prime Cost sum

RII Relative Importance Index

StdDev Standard Deviation

BIM Building Information Management

BVP/PIPS Best Value Procurement/Performance

Information Procurement System (BVP/PIPS)

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xii

LIST OF APPENDICES

APPENDIX TITLE

A QUESTIONNAIRE

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CHAPTER 1

INTRODUCTION

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CHAPTER 1

INTRODUCTION

1.1 Background of problem statement

The construction sector has proven to be one of the resilient

industries in Malaysia due to the strong demand for residential and commercial

buildings. In 2016, the construction sector’s share of GDP was 4.5% valued at

RM50.1 billion. The sector registered 7.4% output growth in 2016 (2015: 8.2%) but

this growth was lower than the projected growth of 10.3% per annum targeted in the

11MP. (Malaysia Productivity Corporation, 24th Productivity Report 2016/2017).

In recognition of the importance of the construction sector in

providing spillover effects to other economic sectors like manufacturing and

services, the Construction Industry Transformation Programme (CITP) has been

rolled out by the Construction Industry Development Board (CIDB) to transform the

sector into a modern, highly productive and sustainable which encompasses four

strategic thrusts, namely quality, safety and professionalism (QSP); environment

sustainability; productivity; and internationalisation.

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The construction industry is large, volatile and requires tremendous

capital outlays. A unique element of risk in the industry is the manner in which

disputes and claims are woven through the fiber of the construction process (Tumi et

al., 2009). Payment problem are an old age issue that has been spread in Malaysian

construction industry over the long time (Siti and Rosli, 2010). Late payments are

often associated with other issues in Malaysia’s construction industry such as

productivity, non-conformance, safety, delay and abandonment issues (Oon, 2002).

The rapid increase of the late payment issues nowadays has gone to the point that it

tends to decrease the good image of construction industry in Malaysia.

As stated by Davis Langdon & Seah Consultancy (2003), the

construction payments blues have domino effects. A delayed payment by one party

may affect the whole supply chain of payment of a construction project. Ameer Ali

(2005) further indicate that late payment causes cash flow problems which in return

can affect the overall progress of works. The most common impact of late and non-

payment are (i) creating negatives chain effect on other parties, (ii) resulting in delay

in completion project, (iii) leading to bankruptcy or liquidation and (iv) affecting

both owner and contractor’s reputation (Azhari et al., 2014).

Meng (2005) in his works stated that all problems in construction

begin when payment is not received at the exact amount or date. Disagreements then

leads to the arguments that will jeopardise the relationship which eventually will lead

to projects exceed initial time and cost estimates and experienced extensive delays.

Hence, it is vital to ensure the construction projects are executed

effectively and efficiently. The practice of efficient and timely payment in

construction is a major factor leading to the project’s success. Problems of cash flow

due to the issues on late, under and non- payment can severely affect the

implementation of construction projects and thus the provision of the nation’s

infrastructure and built environment.

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1.2 Problem Statement

Lord Denning in Dawnny’s Ltd vs FG Minter (1971) said cash flow is

the life-blood of the construction industry therefore it is critical to ensure that the

cash flow is monitored and managed well to avoid any risk to the implementation of

the projects.

Although there are adequate mechanisms provided in many standard

forms of contracts in Malaysia for payment application and certification clauses,

problem of late and non-payment issues still remains a chronic problem in

construction industry (Naushad Ali Naseem Ameer Ali, 2006).

Table 1.1: Contract Clauses in Standard Form of Contract

Payment Certificate Relevant Contract Clauses

PAM 2006

PWD 203A (2010)

JKR DB/T

IEM 1989

CIDB 2000

Interim Certificate 30.10 28 50.3(c) 47(d) 42.9 Penultimate Certificate 30.13 - - - 42.6

Final Certificate

30.14 30.15 31 51.2 48(c) 42.8(f)

The non-payment issues eventually will sacrifice the timely

performance and quality of work due to the insufficient cash flow. This will as well

give the impact on the total value chain in the event non-payment took place in any

level of the construction hierarchy. Delay in Final Account may also cause problems

to contractor in making working capital and eventually lead to bankruptcy (Zarabizan

et al. 2012).

Final Account for construction project is prepared to show the final

cost of a project that has been completed by the contractor. Final Account included

the cost of defect liability period, all additions, alterations, deductions resulting from

project changes and other related payment as stated in the contract (Zakaria et al

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4

2012). Hence, the assessment and agreement of this Final Account sum, ie the Final

Account, is usually of the utmost importance to both the client and contractor

(Ashworth and Hogg, 2002).

Ashworth and Hogg (2002) stated that in construction projects, the

preparation and agreement of the Final Account can be time consuming and

expensive process for both parties to the contract. It is a lengthy and complex process

that frequently extends beyond the period stated in the construction contract. Zainon

et al. (2011) further indicate delay is perceived one of the biggest problems faced by

the construction firms and it is claimed to be the reason for the increase in the

number of the construction projects Final Account which are settled unreasonably

late or far beyond the period stipulated in the contract. Sundra Rajoo (2013) further

emphasis that payment issues during post-contract stages such as delayed progress

payments and final payments (due to delay in closing final accounts), non-payments

and conditional payments have been persisting in Malaysian construction industry,

Baccarini (1999) and Khang and Moe (2008) stated that when all the

final settlement of financial transaction/dues were completed at the completing phase

of a project, such project met the satisfaction of the end users and all key

stakeholders (including contractors) indicating that it is successfully achieved. The

contract formed between Contractor and Client ends when the project is completed.

Therefore, it is crucial to ensure the Final Account is closed promptly in accordance

to the agreed forms of agreement. Project success must not only be limited to the

completion of the projects, but it shall also take into consideration the satisfaction of

all stakeholders (Westervald, 2003).

1.3 Research Objective

The aim of this research is to investigate the causes that lead to the delayed

settlement of Final Account in construction projects in Malaysia. The objectives are as

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follows: -

i) To identify the factors that lead to the delay closing of Final Account

in construction project in Malaysia

ii) To identify the root causes of the delay in preparing Final Account

1.4 Scope of Study

This study will be focused to the following areas:

i) Limited to contractual liability for the contractors only.

ii) Survey is conducted for the Contractors in Selangor and Wilayah

Persekutuan Kuala Lumpur only.

Figure 1.1: Value of construction work done by location of project, Q1 2017 (Department of

Statistics Malaysia)

According to construction first quarter 2017 report by Department of

Statistic Malaysia, the state of Selangor recorded the highest value of construction

work done of RM 8.3 billion and followed by Wilayah Persekutuan Kuala Lumpur

RM 7.7 billion. Hence, the research is focusing on the states of Selangor and Kuala

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6

Lumpur only in view of the active construction activities undertaken by the

contractors.

1.5 Significance of the Study

This research is important to provide the overview on current

problems faced in the Final Account settlement and provide potential solutions by

understand and analyses the findings of this study thoroughly. This shall help the

quantity surveyor and/or the Contractor to identify the factors and challenges that

contribute to the delay settlement of their Final Account.

This also serve as a guideline to the various parties that the delay in

the preparation of the Final Account might lead to the legal implications. Thus, this

study can raise the awareness to quantity surveyors and/or contractor by reducing the

potential conflict, act as preventive measure or remedy future delay so that to ensure

Final Account can be completed in a timely manner.

1.6 Research Structure

This research is implemented in five (5) chapter to achieve the

research objective. The sequential order of the methodology is as following:

,

1.7.1 Chapter 1: Introduction

The initial literature review approach adopted in understanding the

overview of the topic. The issue and problem statement of the topic is identified

through collection of information from primary and secondary sources. The sources

include journals, books, previous thesis, newspaper, internet and various information

papers relevant to construction industry. The objective of the research is formed after

the issue and problem has been identified.

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1.7.2 Chapter 2: Literature Review

A literature review on Final Account was undertaken to understand

the topic thoroughly and comprehensively to identify the significance factors.

Identified factors thereafter are used as variables in the survey questionnaire.

1.7.3 Chapter 3: Research Methodology (Data Collection)

This chapter outlines the rationale on selected research method, how

the questionnaire is designed, how the participants are selected, how the distribution

and collection of the questionnaire to determine the sample size and data analysis

methodology.

1.7.4 Chapter 4: Results and Discussion (Data Analysis)

This chapter presents data collected form the questionnaire, detail

analyses if the data and discusses the results of the analysis.

1.7.5 Chapter 5: Conclusion and Recommendations

Lastly, the review of the whole process of the study is carried out to

evaluate whether the objectives has been achieved. Recommendation and conclusion

on the study will be discussed in Chapter 5 to conclude the study and further study

will be suggested.

The framework of methodology employed in this study is illustrated

in the following Figure 1.2.

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8

Figure 1.2: Flow Chart of Research Methodology

• Title Selection

• Background of the

Study

• Statement of Issue

• Aims, Objectives &

Hypothesis

• Scope of Study

CHAPTER 2

INTRODUCTION

Evaluate

LITERATURE REVIEW DATA ANALYSE FINDINGS & RECOMMENDATION

CHAPTER 1

• Published Journal

• Books

• Webpage

• Paper relevant to

construction

industry

• Newspaper

• Regulatory body of

construction

CHAPTER 2

LITERATURE

REVIEW

• Research Design &

Method

• Sampling size

• Analysis

Methodology

Research Instruments

• Questionnaire

CHAPTER 3

DATA

COLLECTION

• Analysis of

respondents’ profile

• Analysis on the

cause of delay for

prompt settlement

of Final Account

• Analysis on the

challenges faced

CHAPTER 4

DATA

ANALYSIS

• Conclusion & Recommendations will be draw based on data analyses in Chapter 4

CHAPTER 5

CONCLUSION &

RECOMMENDATION

FACTORS AFFECTING PROMPT SETTLEMENT OF FINAL ACCOUN T

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2

CHAPTER 2

LITERATURE REVIEW

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9

CHAPTER 2

LITERATURE REVIEW

2.1 Introduction

Certification involved throughout the progress at various stages in the

construction industry. There are three (3) types of certification identified as interim

payment, final certificate and certificate recording an event (Murdoch and Hughes,

2000). In general, an interim valuation procedure, the valuation submitted by the

contractor for the agreed period will comprise values of work properly executed on

site and materials delivered to site. Payment of the valuation will be made on the

issuance of Interim Certificate during the course of the work until practical

completion, following which further certificate may be issued to release one-half of

the retentions held by the employer. Thereafter the contractor will submit a Final

Account to the architect and a reconciliation of the contract sum will be made. Final

payment of outstanding monies will be released after Defect Liability Period and a

Final Certificate will be issued.

Contract sum may be changed for a variety of reasons (Murdoch,

1993). Therefore, Final Account is prepared through the process of evaluation and

determination of the changes to the contract as incurred during the course of the

works so as to ascertain the final contract sum as well as the final payment upon

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completion of project which the Contractor is entitled to receive and the Employer is

obliged to pay in accordance with the contract provision.

2.2 Definition of Final Account

The cost during the tender stage does not cater for neither future

omission nor addition as these are not foreseeable or predictable at the preliminary or

tender stage of the project. The cost at tender stage will only reflect the cost of

client’s original brief and does not contain any allowances for subsequent omission

or addition to the design on which the bill of quantities is prepared. Therefore, at the

Final Account stage, the contract sum will include such items as day works charges,

adjustments in accordance of the variation orders, and so on, hence, in some way a

clearer picture of the total cost is presented (Cartlidge, 1973).

Final Account for the construction project is prepared to show the

final cost of a project that have been completed by the contractor. Final Account

included the cost of defect liability period, all additions, alternations, deductions

resulting from project changes and other related payment as stated in the contract.

Final Account should be prepared immediately after the projects was completed

based on the type condition of contract. Sometimes, it also refers to the calculation

and agreement of the final construction cost between the employer, contractor and

incorporates a fair valuation of the work carried out (Ashworth and Hogg, 2002).

2.3 The Importance of Final Account Settlement

Final Account in construction project is an important document in

project management process to show the final cost of a project that has been

completed by the contractor (Van Der Westhuizen and Fitzgerald, 2005). A Final

Account brings about a sense of finality to the negotiations leading up to the

agreement of the Final Account between the parties to the contract. Ashworth &

Hogg (2002) perceived Final Account as the calculation and mutual agreement of the

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final construction cost between the employer and contractor and incorporated a fair

valuation of the works carried out.

Final Account is available shortly after the contractor meets the

obligations set in the contract. Therefore, from the project management perspective,

the Final Account closing is claimed as successful if the Final Account is settled

within the time frame and the project is completed in accordance with the provisions

stipulated in the contract. The effectiveness and efficient closing of construction

Final Account is increasingly regarded as of utmost importance in particular, the

contractor who desires to achieve project success (Zakaria et al. 2013). Also, monies

received from the Final Account can be used as capital to implement new projects.

2.4 Final Account Provisions in Standard Form of Building Contract

There are various types of form contract used in construction

industry in Malaysia. The selection forms of contracts depend on the basis of

pricing and the contract strategy that best meets the project objectives. The various

types of contract offer different ways of handling pricing, risk transfer,

responsibility for performance, cost certainty, and complexity. Standard forms of

contract are readymade terms and conditions when the contract is created

(Kwakye, 1997).

Most commonly used standard forms of building contract in

Malaysia are namely, PAM 2006 (Pertubuhan Arkitek Malaysia) have been widely

used for private sector. The PWD203A (Rev. 10/83) are applied for all projects

funded by Malaysian public sector and are compulsory for government works.

Besides that, Construction Industry Development Board (CIDB) has produced

two standard forms of contracts for Building Works (2000 edition) and the CIDB

Standard Form of Sub-Contract for nominated Sub-Contractor; however, these two

forms of contract have not been widely used. Other form of contract that much

adopted in private-sector financed civil engineering construction works is IEM

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Conditions of Contract. Therefore, the selection of each forms of contract

mentioned above depending on type of project, owner/clients of projects, nature of

a project and financing involved.

All the standard forms of building contract in Malaysia contain the

provision of the Final Account upon the completion of a project. The purpose for

the provision is to govern the payments made between parties involved. The

contract clauses related to the Final Account is illustrated in Table 2.1.

PAM Contract 2006 Clause 30.10 states that the Contractor shall send

to the Architect and Quantity Surveyor, all document with supporting of the draft

final statement within six (6) months after Practical Completion of the Works.

PWD Form 203A (Rev. 2007) states that Contractor shall submit full

particulars complete with supporting documents within but not later than three (3)

months after the issuance of the Certificate of Practical Completion. The

Superintendent Officer (S.O) shall issue the Final Certificate within three (3)

months after the expiry of the Defects Liability Periods for the whole of the Works

or three (3) months after the issue of the Certificate of Completion of Making

Good Defects (Clause 31) (PWD, 2007)

CIDB 2000 states that Contractor shall submit full particulars complete

with supporting documents within but not later than three (3) months after the

issuance of the Certificate of Practical Completion. The Superintendent Officer

(S.O) shall issue the Final Certificate within three (3) months after the expiry of

the Defects Liability Periods for the whole of the Works or three (3) months after

the issue of the Certificate of Completion of Making Good Defects (Clause 31)

(PWD, 2007).

FIDIC 1st edition states within fifty-six (56) days after receiving the

Performance Certification; the Contractor shall submit the draft of final statement

with supporting documents showing in detail in a form approved by the Engineer

(Clause 14.11) (FIDIC, 1999).

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In summary, the difference found in the forms of contract is the time

frame for the closing of Final Account; while the similarity is in the process of

submitting final claim after the Certificate of Making Good Defect (CMGD) or

Defects Liability Period (DLP) Certificate was issued.

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Table 2.1: Contract provisions in relation to Final Account in Standard Forms of Building Contract

Standard

Form of

Contract

Contract

Clauses

Submission of Final

Account by contractor

Issuance of Final Certificate Document to be included in Final Account

PAM 2006 30.10 Within 6 months after

Practical Completion of

work

• 3 months from DLP

• 3 months after CMGD

(whichever later)

• Latest construction drawings and details

(bound together)

• Details of all quantities, rates and prices

• Additional works supported by relevant

documents

PWD203A,

2010

31 Not later than 3 months

after the issuance of

Certificate of Practical

Completion

• 3 months from DLP

• 3 months after CMGD

(whichever later)

• Full documentation inclusive of vouchers

records and receipts to substantiate the

Final Account

• Provide documents of Nominated Sub-

Contractors or Nominated Suppliers (if

any)

FIDIC 1999 14.11 • Within 56 days after

receiving Performance

Certificate

• Full documentation to substantiate the

Final Account

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2.5 Final Account Procedure and Process

Figure 2.1: Final Account Process and Procedure (Sundra Rajoo, 2006)

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According to Harbans Singh (2003), when the Certificate of Making Good

Defects (CMGD) is issued, following matter will take effect:

(a) It officially brings to an end the defect liability period stipulated in the

contract.

(b) It finally discharges any remaining contractual rights of the contractor to

physically attend to the defects, ie to enter the site and remedy defects

(c) It establishes the commencement of the contractually stipulated period

for the preparation of Final Account and the issue of the Final Certificate

by the contract administrator

(d) It contractually obliges the employer to release the second moiety of any

retention sum withheld

(e) It discharges the liability of the guarantor to the body issuing the

performance security deposit and hereby released the same, and

(f) It releases the insurers from any obligations and/or liabilities under the

various insurances issued which are valid up to such milestone only.

Subsequent effect after CMGD is the issuance of the Final Certificate. Final

Certificate is issued to agree that both parties are satisfied with the balance amount due

to the contractor before his final discharge from the contract obligations. Final

certificate is the conclusive evidence that the work has been completed accordance to

the terms of contract.

As stated in PAM 2006, clause 30.11 item to be show in Final Account

are:

30.11(a) the adjustment made to the Contract Sum

30.11(b) the amount to which the Architect considers that the Contractor

is entitled under the express provisions of the Contract

30.11(c) the omission of all P.C Sums and the related profit provided by

the Contractor in the Contract Documents and the substitution

of the amounts payable by the Employer to the Nominated

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Sub-Contractors and Nominated Suppliers together with the

pro-rata amount for profit and

30.11(d) the adjustment of Provisional Sums and omissions of any

Provisional Sums if not expended

There are matters that to be resolved separately before proceeding for the Final

Account settlement:

30.11 (e) any Liquidated Damages imposed by the Employer under

Clause 22.1

30.11(f) set-off by the Employer where it is expressly provided in the

Contract under Clause 30.4

30.11 (g) interest payable by either of the parties to the other party under

Clause 30.17

2.6 Factors that lead to the delay closing in Final Account

The majority of construction projects result in a final cost that is different

to the agreed by the client and contractor at commencement of the construction works

(Ashworth and Hogg, 2002). Most of the time, contractor tends to submit the Final

Account without completion of any contractual matter that has to be done prior to the

Final Account. This will become a challenge in prompt settlement of Final Account as

there will be more time spent on accessing and evaluate the work done by the contractor

and therefore this will become an expensive process.

This challenge is resulted from various direct and indirect factors. The

parties involved in the contract need to ensure that Final Account incorporates a fair

valuation of the work carried out. Therefore, usually the price agreed by the client at

commencement will require adjustment for several matters within the contract condition

including: (Ashworth and Hogg, 2002)

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• Variations

• Provisional measurements

• Provisional sums

• Prime cost sums

• Fluctuations

• Claims

Ashworth and Hogg, 2002, stated that there are others external potential

factors that have the material effects to the performance of a construction project and

also likely to influence the project environment, contract administration and the

preparation of Final Account. The implication of which type of factors may applies may

depend on a range of variables such as status of documentation at the formation of the

contract, skills of the contract administrator and cost management team, market forces,

client and contractor attitude, accuracy of contingency allowance and resources.

According to Magnussen and Olsson (2005), the observed difference

between the contract sum and Final Account is due to factors which are not only hard

to predict but difficult to manage. Morris and Hough (1991) state that cost overruns are

caused by circumstances which are outside the project’s area of control. According to

them, many project overruns on cost because of price escalation, government actions,

strikes and others. Therefore, an important issue is the ability to predict such factors

and the impact they will have on the projects.

This complexity is derived from various factors. Time, contract, price,

human factors, and variations to scope are the determinants of the final costs of

construction projects. (Sing et al, 2013)

There are numbers of variables identified by the previous researcher and

considered as the dominate causes of delay to the preparation and closing of Final

Account is presented in Table 2.2 with reference of the published literature.

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Table 2.2: Summary of Underlying Factor affecting Final Account Settlement (Ko, 2009)

Underlying Factors affecting Final

Account Preparation and Settlement

Authors

1. Variation Dawood (1998); Akinsola et al (1997). Beale et al. (2001); Rubin et al. (1992); Stokes (1997); Ashworth & Hogg (2002); Love & Li (2000); Baloi & Price (2003)

2. Measurements Merna et al. (1998); Bower (2000); Charlton (2000); Molloy (2007)

3. Claims – Delay / EOT; Cost /

Additional Payment

Rubin et al. (1992); Mak (2002); Lo et al. (2006); Yogeswaran and Kumaraswamy (1998); Carmichael and Murray (2006); Rooke et al. (2004); Bower (2000); Yiu et al. (2005); Luk (1996); Ashworth & Hogg (2002); Ndekugri (1996); Twyford (2007); Khang & Moe (2003); Bordoli & Baldwin (1998); Wong & Hui (2006); Chan & Kumaraswamy (1995); Jensen & Craig (1998)

4. Documentations and Records (*) Rubin et al. (1992); Bernstein et al. (1998); Stephenson (1998); Carmichael and Murray (2006); Simon (1979); Levitt and Dubner (2006); Allen (1998); Harris et al. (2000); Cato (1999); Perea & Imriyas (2004); Woodward (1997); Rusell et al. (1992); Scott (1991); Ndekugri (1996); Bowdery (2007); Levitt & Dubner (2006); Allen (1998); Powell-Smith & Sims (1998); Scott & Assadi (1999); Powell-Smith et al. (2000); Abrahamson (1979); Clarke (1989); Seeley (1993); Jergeas & Hartman (1994); Wickwire et al. (1989); Alkass et al. (1991); Vidogah & Ndekugri (1998)

Annotation (*) Include Daywork as sub-variable

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Table 2.2 summarized the “underlying factors” which are the principal

determinant as to the closing of Final Account project. These factors are originated

from the fundamental aspects which are inevitable in construction projects (SO Cheung

et al, 2002).

2.6.1 Variations

In Patman Forteringha Ltd vs Pilditch 55 (1904) BC 368, the court

held that “bill of quantities is to be regarded as defining the amount of work included in

the price, so that if the work actually carried out is more or less than is in the quantities,

there will be variations and in consequence an addition to or to be deduction from the

contract price”

Additional variation claimed will increase the initial contract sum.

Therefore, most of the time, dispute in agreeing the variation orders claimed are most

likely to be push to the end of the project completion. Baloi & Price (2003) stated

variations and claims are inherent in the construction projects because uncertainties

lead, invariably, to need of the adjustment. Therefore, in all construction projects, the

final contract amount includes all additional, alterations and deductions resulting from

the project changes.

Variations and claims are inherent in construction projects because

uncertainties lead, invariably, to the need of the for adjustments. The final contract sum

shall include all the alterations made resulted from the project changes. From the

contractual perceptive, upon the completion of the contracts requirement, Contractor is

entitled to final payment including any retained sums. (Stokes, 1997).

2.6.2 Measurements

In Hashim Corp Sdn Bhd vs New York Plastic Co Pte Ltd (1990)

MLJ 345 quoted that “the basic obligation of the sub-contractor under this contract was

to carry out the works specified and priced in the bill of quantities, at the rates therein

stated, subject to final re-measurement.”

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Many construction projects in which the price finally paid is based on re-

measurement of the actual quantities of work completed (Bower,2000). Ko (2009)

further stated that the common problems usually encountering in the course of final

measurement are: method of measurement as specified or amended in the SMM; item

missed or omitted in the BoQ in pursuance to the preamble and item coverage; errors in

the description in the Bills of Quantities; non-availability of as-built drawings; non-

availability of sub-contractor’s measurement which may have substantial difference

with the Contractor’s own measurement records; Contractor’s record of site

measurement as agreed with Engineer’s residential staff, errors in the BoQ as identified

in and compared with contract drawings and method of measurements.

The common highlights from these factors not merely focusing only on the

difference in standard method of measurement but also associate to missing items,

errors in bills of quantity, as built drawings and the comparison between subcontractors

and site measurement quantity. Sometimes, the most challenging moment occur when

the unit rates do not represent item to be omitted or/and to be addition to original scope

of work. Many significant costs are related to both time and method of execution and

are most affected by disruptions such as effects of variation orders, and such are major

source of claims and disputes (Merna et al., 1996)

2.6.3 Claims

Claims commonly arise between the parties to construction contracts. This can

be as a result of problem such as; delays, changes, insufficient information and conflicts.

Claims and formal disputes are now encountered on may projects. Their resolution

entails unacceptable costs and delays resulting in reduced profitability of construction

organisations and severe disillusionment of many of the construction industry’s client

(Ndekugri, 1996)

Bramble, D’onofrio and Stetson (1990) grouped claims under four types:

change claims, impact claims, performance quality claims and bad faith claims. Change

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claim included formal/directed changes, constructive changes, cardinal changes,

changes due to differing site conditions and design related changes. Impact claims were

related to claims from delays, disruptions and acceleration. Zanedin (2006) discovered

that claim types in construction projects could be classified into six main types: contract

ambiguity claims, delay claims, acceleration claims, change claims, extra work claims

and differing site conditions claims. Moura and Teixeira (2007) conducted further

survey and outlined the 10 different types of claims: direct changes, errors and

omissions, indirect changes, delays, acceleration, force majeure, beginning and ending,

measurement and payment, suspension of work and termination of contract.

Claims might be made for loss and expenses, extension of time, liquidated

damages and others. Client at times tends to leave the claim issue that arises earlier at

the initial stage of project to be resolved during the Final Account.

In Pembangunan Pulau Pinang vs Trikkon Construction Sdn Bhd (2012) 2 MLJ

28 cited that “notice of such a claim must be made within one month from the

occurrence of the event or circumstance. Together with the notice, the respondent must

provide proof of such loss and expenses. The notice requirements have been constructed

to be strict requirements which must be met before a claim arises”

Reeves (2003) states one of the main reason for delays payment is when there

are errors in submitting claims by the contractors. These errors include claims without

adequate supporting documents, wrongly calculated claims, submit uncompleted claims

and submission without using the right procedures.

2.6.4 Documentation and Records

Documentation is very important in a construction project because it provides a

“memory” of the project. It is the only contemporaneous record of what was actually

happening at any given time during the course of the project. It is essential, industry

practice, and standard internal corporate policy for construction companies to

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maintain a project documentation system. According to Rubin (1992), documentation

should be maintained whether or not neither party foresees a change or a claim. In

particular, anything that might conceivably affect the cost of the project should be

documented. Any changes, however inconsequential they may seem at the time, must

be recorded.

The role of complete and accurate documentation procedures is important in the

construction industry as a means of reducing risk. It is the foundation on which all

proposals, disputes, or claims are built. Without documentation, there is essentially no

contemporaneous evidence and, therefore, it is difficult to present a persuasive case.

Thorough documentation can be critical when mounting a legal defense against

construction defect claims/lawsuits and may limit the extent of liability in the event

that a judgement is awarded.

To keep track of all information, it is an issue on record taking and the thing that

needs to be uppermost in minds is the status of information. In case of arbitration,

arbitrators should require parties to produce in good time documents upon which a

party intends to rely that arbitrators should require the parties to produce

documentation without which the arbitrator could not properly decide the dispute

(Bernstein et al., 1998).

Documentation is critical to resolving disputes in two ways: -

(1) Documentation provides a contemporaneous record of what was actually

happening on a project at any given time during the course of the project.

(2) Documentation provides a contemporaneous record of the parties positions

regarding particular events at the time of the event.

Scott and Assadi (1999) stated that the good site records are the information

required for the assessment of construction claims typically will be in the form of very

detailed accounts of work progress, delays, additional resources and materials used.

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Further to the above, Vidogah and Ndekugri’s (1998) study on management of

construction claims, highlight that the reasons for rejection of part or all of contractors

claims are inter alia include, inadequate information, lack of breakdown of claim by

cause, quantification of claim, validity of engineer’s instructions, non-entitlement in

principle, inadequate effort at mitigation, and non-compliance with contractual

procedures.

2.7 Root cause of the delay in the preparation of Final Account

Delay settlement of Final Account closing is a common issue in the developing

countries in the world and it is a global phenomenon in the construction industry. The

major factor leading to a project’s success is the practice of efficient and timely payment

in construction projects. The cause of the problem to closing final account is because

dispute and delay. Dispute occurs when the contracting parties failed to manage the

problems and dissolve it. Carmichael (2000, 2002) stated that the case where contractor

does not receive the payment as a cause of escalated disputes. When payments due

under the contract are delayed or of lesser value than anticipated, the contractor’s

financial position suffers, and this in turn may affect a project performance (Sears et. Al,

2008; Gould 1997; Antill and Farmer, 1991; O’Brien and Zilly, 1971; Halpin and

Woodhead, 1980; Carmechael, 2000).

Delay in payment give bad impacts to the contractors and creates a negative

chain effect within the players in construction industry. Problem to settle the final

account will create further problem in cash flow and finance to the contractor in terms

of obtaining cash flow to perform other projects.

There are two type of delay, namely non-excusable delays and excusable delays.

A non- excusable delay is a delay caused by the contractor or its suppliers and through

no fault by the owner; excusable delays are divided into two: compensable delay and

non-compensable delay (N. Hamzah et. al 2012). Various studies have been undertaken

from respective author to evaluate the factors that contribute to the delay settlement of

Final Account. Table 2.3 below outlined the factors derived from respective study.

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Table 2.3: Cause of dispute that lead to delay (Zakaria Z, 2013)

Researcher Significance cause of delay

Kala and Price (1991)

Chan and Kumaraswamy

(1995)

1.contactors sub-contracting 2. resources allocated by the contract administrator to the Final Account project; 3. resources allocated by the contractor to the Final Account project

Bromilow et al (1998) 1. contactors sub-contracting 2. resources allocated by the contract administrator to the Final Account project; 3. resources allocated by the contractor to the Final Account project 4. involvement of claims consultant in the Final Account

Odeh and Battaineh (2002) 1. owner’s interface 2. inadequate contractor experience

3 3. finance and payment 4. labour productivity 5. slow decision making 6. improper planning 7. subcontractor

Ahmad et al. (2003) 1. building permit approval 2. change order 3. changes in drawings 4. incomplete documents 5. inspections 6. changes in specifications 7. decision during development stage 8. shop drawings approval 9. design development 10. changes in law and regulations

Assaf and Al-Hejji (2006)

1. slow preparation and approval of shop drawing 2. delays in payments to contractor 3. changes of design/design error 4. shortage of labour supply 5. poor workmanship 6. slow decision making 7. mistakes and defective work

Sambasivan and Soon

(2007)

1. contractor’s improper planning 2. contractor’s poor site management 3. inadequate contractor experience 4. inadequate client’s finance and payments for completed work 5. problems with subcontractors 6. shortage in material supply 7. labour supply 8. equipment availability and failure 9. lack of communications between parties 10. mistakes during the construction stage

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Table 2.3 illustrated the “other potential factors” that are external factors

extrinsic to the Final Account project. These factor have no contractual relationship with

any scope of the Final Account but, because of its critical effect to the project

performance and project success, the Final Account process may be delayed and

undermined by the significant impact of such potential factors (Ko,2009).

Chan and Kumaraswamy (2002) conducted a survey to evaluate the

relative importance indices of eighty-three potential delay factors which were grouped

into eight major categories. The results of their research indicated that the five principal

and common causes were poor site management and supervision, unforeseen ground

condition, low speed of decision making involving all projects team; owner initiated

variations and necessary variation works.

Odeh and Battaineth (2002) reported that among the top ten most

important causes of delays in construction projects from the view point of contractors

and consultants: owner interference, inadequate contractor experience, financing and

payments, labour productivity, slow decision making, improper planning, and

subcontractors. They were categorized into eight majot groups: Client, contractor,

consulant, material, labour, equipment, contract and external related delay factors.

Assaf and Al-Hejji (2005) conducted a time performance survey of

different types of construction projects to determine the causes of delay and their

importance according to each project participant (owner, consultant, and contractor)

They identified seventy-three causes of delay during research which were categorized

into seven major groups.

Sambasvian and Soon (2007) identified the delay factors and their impact

on project completion. The results indicated that the ten from a list of twenty-eight

different causes of delay were contractor’s improper planning, contractor’s poor site

management, inadequate contractor experience, clients’ inadequate financial resources

and payments for completed work, problems with subcontractors, shortage in material,

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labour supply, equipment availability and failure, lack of communication between

parties and mistakes during the construction stage.

In 2012, Zarabizan Zakaria conducted further study on the same issue

and problems but looking from a different perspective where a delay framework has

been proposed in Figure 2.2.

Figure 2.2: Final Account closing delay theoretical framework (Zarabizan Zakaria, 2013)

Zarabizan et al (2013) divided the proximate causes of disputes of Final Account

into inexcusable and excusable causes. Inexcusable causes refer to the faults of either

contract party such as contractors or management team according to the findings of

above study. If the contract parties perform their duties and responsibilities according to

the contracts, there is likelihood of disputes. However, if either party breaches the

contract or fails to perform according to contract, the other party will tend to dispute the

matter. Such disputes are due to inadequate conduct or insufficient information given by

either party. Examples of inexcusable causes include the inadequate contract

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administrations, unreasonable late payments or non-payments by employer and

inexperienced contractors.

Excusable causes refer to circumstance beyond the control of the contract parties

such as inadequate or uncertain express provisions of contract. These causes are not due

to default of either party but due to certain or inappropriate contract provisions. If

contract provisions are uncertain, it will cause the contract parties to apply or rely on it

according to own interpretations. When the other party disagrees with the interpretation

and application of the provision, dispute will arise. Examples of these issues are

conclusiveness of Final Account due to subsequent defects, reasonable time to finalize

variation and uncertain back to back clause in sub-contracts.

Zarabizan et al. (2013), further categorized these causes into contractor-related

which involves contractor team; management-related which involves management team

such as architects, quantity surveyors, engineers and employers; and contractual-related

matter which involves uncertain contract terms. The examples of contractor-related

causes are errors in submitting Final Account and failure to agree to valuation of claims

as well as inexperienced contractors. The examples of management-related causes are

delay in certifications and unreasonable rationalization of rates as well as unreasonable

late payments and non-payments by employers. Whereas the example of contractual-

related causes are questions of provisions of contracts such as the criteria of conclusive

Final Account, reasonable time for the finalisation of variation amounts and uncertain

back to back clauses.

The improvement of delay factors not only limited to technical factors, but also

factors in project management perspective, both from the aspect of processes involved

and the influence of human attitudes, mentality, skills and behavior.

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2.8 Conclusion

Agreeing to Final Account can be a complicated, time consuming and

adversarial process, often resulting in disputes. The process can be made easier if

adjustments to the contract sum are agreed as the project progresses rather than saving

them up for the end. It is also beneficial if the drafts of the Final Account before

agreement is sought. It is preferable that a draft copy of the Final Account is signed off

by the contractor as an 'in full and final settlement prior to issue.

The slow processing of variations, Final Account and difficulties in

reaching settlement further add to the agenda of payment issues (Lip, 2005). Project

personnel changes, poor documentation, no written instruction and incomplete or

unavailable information are often stated as the reasons when pressured to bring the

accounts to conclusion. Delay in finalizing variations and accounts serve no one’s

interest in time and expenses. (Lip, 2005)

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CHAPTER 3

RESEARCH METHODOLOGY

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CHAPTER 3

RESEARCH METHODOLOGY

3.1 Introduction

It is important to develop a research design to understand the problem

statement or issue of the research before the research methodology commence. This

step is required to facilitate the researcher to employ the appropriate process and

methodology in order to achieve the research objective. The main purpose of the

design is to have a proper follow through of the research process to avoid the

circumstances in which fails to meet the objective set. The design acts as a

chronology order of the research dealing with the research issue commencing from

the understanding of the issue, obtaining relevant data, analyze the data and drawn up

a conclusion and recommendation from the analyzed information.

Research methodology is a strategy of enquiry, which moves from

the underlying assumptions to research design, and data collection (Myers, 2009). It

is pre-requisite process to ensure that a research is well planned and systematically

follow through to achieve the objective of the study. It is also an approach to collect

the data appropriately according to certain techniques and consolidate it into the

required information. However, it is crucial to design the research before proceeding

with the data collection or data analysis.

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3.2 Research Methodology

Fellows and Liu (2008) stated “When undertaking research study, it is

vital to pick up the most suitable research method in order to ensure that the research

maximizes the chance of realizing its pre-defined aims and objectives.” The most

common approaches of conducting a research are qualitative and quantitative.

3.2.1 Qualitative Research

Qualitative research is an approach that involves discovery.

Qualitative research can be described as an effective model that occurs in a natural

setting that enables the researcher to develop a level of detail from being highly

involved in the actual experiences (Creswell, 2003). This method is use to describe

explain and interpret collected data. According to Leedy and Ormrod (2001),

qualitative research is less structured in description because it formulates and build

new theories.

There are five areas of qualitative research: case study, ethnography

study, phenomenological study, grounded theory study and content analysis. This

represents that the method is built upon inductive reasoning and associated

methodologies.

3.2.2 Quantitative Research

Leedy and Ormrod (2001) alleged that quantitative research is specific

in its surveying and experimentation, as it builds upon existing theories. The

methodology of a qualitative research maintains the assumptions of an empiricist

paradigm (Creswell, 2003). As a result, data is used objectively to measure the

research.

Quantitative Research can be used in response to relational questions

of variables within the research. It begins with a problem statement and involves the

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formation of a hypothesis, a literature review and quantitative data analysis. Creswell

(2002) states, quantitative research “employ strategies of inquiry such as

experimental and surveys, and collect data on predetermined instruments that yield

statistical data. The findings from qualitative research can be predictive, explanatory,

and confirming.

McQueen and Knussen (2002), Andi and Minato (2003)

recommended that survey questionnaire is one the most cost effective to involve

large numbers of people in the process in order to obtain better result.

Therefore, in this research, the data collection various factors were

determined by respondents through questionnaires due to the following rationale:

• The data collected are directly related to the professionals past

experience and opinions.

• Large amount of information can be collected from a large

sampling in a short period of time and in a relatively cost effective

way

• The result of the questionnaire can be easily quantified and

can be analysed more objectively.

However, the challenge that might be faced is on the low response

rate that could possibly affect the data collection and findings. Therefore, consistent

follow up is essential to mitigate this risk.

3.3 Research Population and Sample

3.3.1 Population

The research population for this study comprised all the contractors in

the state of Selangor and Wilayah Persekutuan Kuala Lumpur. These state were

selected due to the highest number of construction activities in these location

accordance to the construction first quarter 2017 report by Department od Statistic

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Malaysia as elaborated in Chapter 1. Eligibility criteria specify the characteristics

that the sample in the population must possess in order to be included in the study

(Polit & Hungler 1999). In this study, the respondents had to be contractors located

in state of Selangor and/or Wilayah Persekutuan Kuala Lumpur; had involved in

construction projects and had to be willing to participate in the study.

3.3.2 Sampling

Non-probability or convenience sampling was used because

questionnaires were distributed to contractors who is located in Selangor and/or

Wilayah Persekutuan Kuala Lumpur. Not every contractor had an equal chance of

being included in the sample because there was no complete list of number of

projects undertaken by contractors. Consequently, there was no sampling frame from

which a sample would be drawn randomly to ensure that every contractor had an

equal chance of being included in the sample. Hence, this study adopted non-

probability or convenience sampling. Convenience Sampling is the rational choice in

cases where it is impossible to identify all the members of a population.

Works by M.H. Alvi (2016) indicate that convenient sampling is used

when the target population is defined in terms of a very broad category; the elements

of population who are easy or convenient to approach are selected; any member of

the target population who is available at the moment is approached and asked for

participation in the research and it is easy, inexpensive and consume less efforts.

The size of sample required to conduct this study was calculated

based on statistical principles typically used for this exploratory research. As

recommended by Smith (2013) and Cochran (1977), the sample size was calculated

as follows: -

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Z-score: a constant value for the above equation and its value depend on the chosen

confidence level. The table demonstrate on the right selection of Z score to be uses

based on desired confidence level.

Standard Deviation: variance that is anticipated in the response

Margin of Error: a percentage that describes how closely the answer is to the “true

value”

Confidence level chosen for this study is 90% with Z score value of 1.645. The

Standard Deviation is taken as 0.7 and the Margin of Error is taken as 10%

Therefore, the Necessary Sample Size are as follows:

(1.645)2 * 0.7 (1-0.7) = 58

(10)2

Based on the above calculation, the minimum required sample size is 58.

3.4 Data Collection

In this study, questionnaires were used to obtain data relevant to the

study’s objective and research questions. The purpose of the study was to identify

factors and cause of dispute as a result of delay closing in Final Account. Contractors

who has the experience in construction projects located in Selangor and Wilayah

Confidence level Z-Score

90% 1.645

95% 1.960

98% 2.326

99% 2.576

Necessary sample size = (z-score)2 * StdDev (1-StdDev)

(margin of error)2

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Persekutuan Kuala Lumpur was approached randomly. Every contractor who was

willing to participate will receive a set of questionnaire survey distributed through

email or hardcopy. Respondents are given a month and half to complete and return

the questionnaire.

3.4.1 Research Instruments - Questionnaire

A structured questionnaire was developed in order to meet the

research objectives and to validate the research hypotheses. Respondents are required

to rate each factor to indicate the importance through the Likert Scale establish in the

questionnaire.

Likert scale is invented by psychologists, Rensis Likert in 1932. This method

is commonly used in Social Science and Education research. The advantage of this

method is the effectiveness of data collection. The questions are organized and this

helps to facilitate the hassle free completion by the respondents. Other than that, the

data collected is more reliable and accurate compared to other scale such as

Thurstone and Guttman. Likert scale is design accordance to the following criteria: -

i) Identify a variable

ii) Evaluate the suitability of a variables

iii) Determine the suitability of a variables

iv) Organise the variables into the Likert scale

The typical five level of Likert items are:

Figure 3.1: Likert Scale (Rensis Likert, 1932)

1 2 3 4 5

Strongly

Disagree

Disagree Not Sure Agree Strongly

Agree

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The questionnaire consists of two documents namely the

“introductory letter for questionnaire” and “survey questionnaire form.” The

“introductory letter for questionnaire” is to informs the respondents about the aims of

the research and the contribution to the success of the research as well as maintaining

the confidentiality of information is observed at all time. The “survey questionnaire

form” is divided into three sections as follows:

• Section A: Profile of Respondents

The section aims to identify general information and background of the

respondents. The data collected will help in selecting the relevant data to be

used. Response to question such as position in organization, level of

qualification, years of experience in the construction industry, involvement in

Final Account preparation, number of projects executed and completed for

the past five years, the number of Final Account that were concluded beyond

time and the average time of delay is expected for this research.

• Section B: Factors that lead to the delay closing in Final Account

This section identified the factors affecting the Final Account settlement from

the literature review. These cause are categorized into three groups.

Respondents are requested to rate each cause using a 5-point scale ranging (1)

Strongly Disagree to (5) Strongly agree. At the end of this section,

respondents are asked to share their experience/perspective on the cause of

delay.

• Section C: Cause of Dispute as a result to the delay conclusion of Final

Account

This section examined the root cause of delay in preparing Final Account as

pre-identified in the literature review. Respondents are requested to rate the

frequency of occurrence using a 5-point scale ranging (1) Strongly Disagree

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to (5) Strongly agree. At the end of this section, respondents are asked to

share their experience/perspective on the challenges.

3.5 Data Analysis

Statistic is required to interpret the collected data accurately. In the

event this step is not materialized by the researcher, the effort of collecting,

analyzing and explanation on findings will be wasted. Statistic is a tool that assists

the researcher to elaborate and understand the interconnectivity of the variables in

the research.

Likert scale value is an ordinal scale. Hence, the method employ for this

research analyze is descriptive statistic by using the value of percentage and

frequency. This analysis required data collection in order to answer the questions to

access the current situation of a study. Descriptive method is elected due to it able to

explain the connectivity and varies opinion of an issue as quoted by Best and Khan

(1998).

3.5.1 The Survey Analysis

The questionnaire is designed based upon number of delay causes and

respondents were asked to rate the level of importance of each cause;

(1) Strongly Disagree

(2) Disagree

(3) Not Sure

(4) Agree

(5) Strongly Agree

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Once the data has been collected from respondents on the factors and cause of

dispute according to the above rating scale, each factor is calculate using the Relative

Importance Index (RII). Microsoft excel is the tool adopted to formulate the

calculation.

Figure 3.2: Relative Importance Index (RII) Formula

3.6 Conclusion and Recommendations

To complete the data analysis obtained from previous chapter, the

result of the analysis will be interpreted in conclusion and recommendations sections

of the thesis. The challenges and limitations experienced by the researcher in

completing this study will be discussed in this chapter as well. This chapter is derived

from proper process of data collection, data analysis, findings and discussion. This

chapter will help to reveal the success of the research in achieving its objective or

otherwise.

RII = ΣΣΣΣ W A * N

Where;

W = the weight given to each factor by the respondents (scale 1-5)

A = highest weight (scale 5)

N = total number of respondents

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CHAPTER 4

DATA ANALYSIS

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CHAPTER 4

DATA ANALYSIS

4.1 Introduction

The data gathered for this chapter is analyzed from the 58 respondents of the

survey questionnaire. Descriptive statistics method is adopted in this analysis. The

findings are analyzed in three (3) different sections, namely:

Section A : Respondent’s profile

Section B : Factors that lead to the delay closing in Final Account

Section C : Cause of dispute as a result to the delay conclusion of Final Account

The effectiveness of the questionnaire can be evaluated in this final section.

The analysis in this section is the most critical as it will help in determine whether the

objective of the research to identify the significance factors that affecting the delay

settlement of Final Account is achieved.

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Once the primary data required were gathered, the data were categorized and

arranged. The data were rearranged into categories by using Microsoft Excel and

Microsoft Word. This application is used to ensure the IT aid will assist in organizing

the data systematically in order to achieve more accurate result and easy to interpret.

This method is efficiently assisted in data sorting and filtering.

The data are transferred and translated into understandable format such as

form of table, pie chart, and bar chart by using Microsoft Excel and Microsoft Word.

The identified factors in this research will assist to address the issue on delay

settlement of Final Account. The information provided by respondents will help to

determine the factors that lead to the delay Final Account settlement of projects in

construction industry.

4.2 Data Collection

Eighty (80) sets of questionnaire were distributed to the respondents within

Selangor and Wilayah Persekutuan Kuala Lumpur. Respondents were given a

duration of a month and half to complete the distributed questionnaire. There is only

72.5% of response rate from the respondents with the numbers of fifty-eight (58)

collected questionnaire set as illustrated in Table 4.1. The minimum required sample

size as discussed in Chapter 3 is calculated to be 58, and the actual sample obtained is

58, which meets the minimum sample requirement.

Table 4.1: Distribution and Responses of Questionnaires

Description Data Collected (Set)

Numbers of questionnaire distributed 80

Total questionnaire received 58

Response rate 72.5%

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There are various reasons for the unreturned of the questionnaire. Some

respondents reverted that they do not have enough time to complete given

questionnaire, while some respondents did not complete the questionnaire with the

reason of no experience in Final Account.

4.3 Analysis of Results

4.3.1 Respondent’s Profile

• Position in the organization

The respondents were requested to indicate their position in the

organisation. Figure 4.3.1 below showed that 43% of the respondents are Projects QS

and followed by Project Manager with 26%. These group of respondents would be

able to provide reliable information on project issues as they are directly involved in

the operation and management activities of the organisation and has the ability to

provide the courtyard vision of the construction industry.

Figure 4.1: Respondent’s positions in the organisations

• Education level of Respondents

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The respondents were requested to indicate their level of education. The

results obtained are shown in Figure 4.3.2 below. 52% of the respondents indicated

they had obtained their bachelor degree; 26% responded they had obtained the post

graduate diploma; followed by Master and PhD with 17% and 2% respectively. This

proves that respondents’ construction-related knowledge would be able to provide

reliable information.

• Years of experience in construction industry

Figure 4.2: Education level of Respondents

The respondents involved in the survey had several years of experience of

handling construction projects. Survey statistics showed that 55% of the respondents

have experience of 5 to 10 years, 31% of respondents with below 5 years of

experience and only 14% of respondents with above 10 years of experience. The

results are presented in Figure 4.3.3

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Figure 4.3: Respondents years of experience in construction industry

This will assist in getting accurate and validate the analysis through the

experience involved in the construction industry which enable the respondents to

provide and share real life experience in this research.

• Experience in Final Account

Figure 4.4: Respondents’ experience in Final Account

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Figure 4.3.4 stated that respondents with experience in project Final

Account have greater percentage which contribute to 46 numbers of respondents that

is equivalent to 79%. The remaining of 12 respondents contribute to 21% do not have

any experience in project Final Account. Therefore, the number of years working and

the experience in Final Account that these respondents shared would be able to give

insights on the management of Final Account in construction projects

• Involvement in number of projects for Final Account

Figure 4.3.5 shown that 25 respondents equivalent to 43% were involved for

11-15 projects’ Final Account, 16 respondents involved for 6-10 projects which

contribute to 28%, 12 respondents or 21% with involvement of below 5 projects, 3

respondents which equivalent to 5% with involvement of 16-20 projects and only 2

respondents with the involvement for above 20 projects which conclude the

remaining 3%. The data gathered for this research therefore shows that the majority

of the respondents have been handling quite a number of Final Account in

construction projects.

Figure 4.5: Respondents’ involvement in number of projects for Final Account

Figure 4.3.6 shown that 28 respondents (48%) highlighted that less than 10

projects’ Final Account are were concluded within the stipulated time. The

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information from respondents will assist to assure and validate the quality of supplied

information. This indicated that the majority of Final Account are not concluded in

accordance with the time stated in the standard form of contract.

Figure 4.6: Number of projects’ Final Account concluded within the stipulated time

4.4 Factors that lead to the delay closing in Final Account

This section presents the ranking of each factor cause using the relative

important index (RII). The RII of each delay cause was calculated to identify the

most important causes that contribute to the delay in Final Account settlement.

There are four main intrinsic dominant factors that addressed the constituent

parts of the Final Account project which are governed by contractual provisions. The

four factors are identified as variation, claims, measurements and documents and

records required to support Final Account. The results of analysis and ranking of

these causes are shown in Table 4.4.1 below.

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Table 4.2: Factors that lead to the delay closing in Final Account

Causes of Delay in Final Account Settlement 1 2 3 4 5 W RII rank

1. Variation 0 1 2 34 21 249 0.86 1

2. Measurements 1 1 5 33 18 240 0.83 2

3. Documents and records required to support

Final Account

0 4 2 42 10 232 0.80 3

2. Claims 5 0 7 35 11 221 0.76 4

According to the respondents, variation is the most significant cause of delay

settlement of Final Account and is placed at first rank with RII value of 0.86.

Variations and change occur in all types of construction projects (Thomas et al,

2002). According to Al-Hammad (2000), even if cautiously planned, changes are still

inevitable in the contract as work progresses. Mohamad (2010) and Arain and Pheng

(2005) findings indicated that changes initiated by the project owner or owner’s

agents are key causes of the discrepancies between the initial contract price and the

final project costs. This is further observed by Dominic and Smith (2014) that client

change orders could significantly affect initial budget, scope of work and the

completion time for a project. These are the common variation problems frequently

encountered and considered as one of caused of delay to the Final Account

preparation.

Second ranked factor is measurements with RII value of 0.83. This factor also

can be related with the many construction projects in which the price finally paid is

based on re-measurement of the actual quantities of work completed (Bower,2000).

The has been a further research conducted by Ko (2009) to identify measurement

related factor such as volume of measurement, method of measurement, omitted

items, as-built drawings, sub-contractors final measurement, record of site

measurement and BoQ errors.

Documents and records required to support Final Account is ranked at third

place with RII value of 0.80. As stated by Rubin (1992), documentation should be

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maintained whether or not neither party foresees a change or a claim. In particular,

anything that might conceivably affect the cost of the project should be documented.

Successful contract documentation requires that measurements and calculations

supporting contract payments are accurate and that records of these actions are

complete. Contract records and documentations must be sufficiently detailed and

maintained in a manner that will withstand an audit and clear enough to be read and

understood by anyone unfamiliar with the project.

For the fourth rank with RII value of 0.76, the respondents placed claims as

the factor. Reeves (2003) states one of the main reason for delays payment is when

there are errors in submitting claims by the contractors. These errors include claims

without adequate supporting documents, wrongly calculated claims, submit

uncompleted claims and submission without using the right procedures. This factors

may lead to the longer process and assessment of the claims and additional time spent

on negotiation which eventually contribute to the delay conclusion of Final Account.

4.5 Cause of dispute as a result to the delay conclusion of Final Account

Table 4.4.2 below shows the result on the cause of dispute as a result to the

delay conclusion of Final Account and top five significant source of dispute that

contribute to the delay settlement of Final Account are delay in finalisation of

variation orders (RII=0.87), disagreement on valuation process (RII=0.81), records

are not kept properly (RII=0.80), longer time to certify claims (RII=0.78) and Final

Account can only be resolved after the expiry of maintenance period (RII=0.74). The

above top five factors indicated that the majority of the factors are governed by the

contract provisions. Of the ten factors listed, misinterpretation of contract and amount

of outstanding works/extra works in the maintenance period have the lowest rank.

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Table 4.3: Cause of dispute as a result to the delay conclusion of Final Account

Causes of Dispute as a result to the Delay

in Final Account Settlement

1 2 3 4 5 W RII rank

1. delay in finalisation of the variation

orders

0 0 7 24 27 252 0.87 1

2. disagreement on valuation process 0 3 13 19 23 236 0.81 2

3. records are not kept properly 0 4 2 42 10 232 0.80 3

4. longer time to certify claims 0 2 12 35 9 225 0.78 4

5. Final Account can only be resolved after

the expiry of maintenance period

1 5 15 27 10 213 0.74 5

6. fail to agree with the valuation of work 1 2 33 15 7 199 0.69 6

7. errors in claims submission 2 10 19 16 11 198 0.68 7

8.lack of communications between parties 0 1 50 5 2 182 0.63 8

9.misinterpretation of contract 3 8 35 5 7 179 0.62 9

10.amount of outstanding works/extra

works in the maintenance period

5 13 18 17 5 178 0.61 10

As seen, delay in finalisation of variation orders faced by contractors is placed

at first rank and second ranked factor for source of dispute is disagreement on the

valuation process. In a research undertaken by Ko (2009) highlighted that variations

and claims have been the main reasons of disputes due to both conflicting interest of

the parties and the complexity of contractual provisions when dealing with the

valuation of variations and settlement of claims. This is due to the conflicting

interests that lead to adversarial relationsips between clients and contractors; which

have their economic roots namely within client’s costs and contractor’s profit (Baloi

and Price, 2003).

Records are not kept properly is ranked as the third factors. Kumarasamy and

Yogeswaran (2003) in their research found that inadequate records are a main cause

of delays in processing construction claims. Carmichael and Murray (2006) further

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indicated that records are inconsistenly kept in multiple forms and in various

locations. Further to the deficiencies in documentation, more time and resources is

allocated to complete the documentation at the later stage. Longer time to certify

claims is fourth ranked factor in the overall ranking which very much inter-related to

the third ranked factor.

Final Account can only be resolved were placed at the fifth place in the

overall ranking of the factors. This finding is coincide with other research works such

as Ko (2009) on “other potential factors” that are external factors extrinsic to the

Final Account project. These factor have no contractual relationship with any scope

of the Final Account but, because of its critical effect to the project performance and

project success, the Final Account process may be delayed and undermined by the

significant impact of such potential factors. Zarabizan Zakaria (2012) also conducted

a study not only focuses on the technical factors but also factors in project

management perspective, both from the aspect of processes involved and the

influence of human attitudes, mentality, skills and behavior.

Factor ranked number six is fail to agree with the valuation work. It is normal

in the construction industry where one of the contracting parties disagrees about the

valuation of work done. The disagreemet may cause delay in certifying the amount of

work executed on site. According to Mohamas et al. (2010), contractors fail to agree

with the valuation of work at site would then results in conflicts between clients and

contractor and the claims would not be certified and consequently; late payment

occurred.

Subsequent factors ranked at the seventh place namely fail errors in claims

submisison which supported by by Alwis (2005) that errors, ommissions and

misinteroretations in contract documents are the main reasons for claims and dispute.

Lack of communications between parties is ranked as eighth factor. Lack of

communications may also lead to misunderstanding, conflicts and disputes. It is vital

to have effective communications for the success of a project. Murali et al,. (2007)

stated the factors such as lack of communications between the various parties,

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unforeseen site conditions, delay in payments for completed work, improper

construction method, delay caused by the subcontrcator and discrepancies in contract

documents will give rise to dispute between various parties.

Factor ranked at nineth place is misinterpretation of contract. K.C Ko (2009)

stated that it is acknowledged that the problems arising thereby include not on the

number of claims to be resolved but also the associated notification compliance, the

contractual provisions and validity of claims, contract interpretation, the method of

assessment as well as the substantion of claims in terms of records and as-built

programme.

Lastly, Amount of outstanding works/extra works in the maintenance period

ranked as number tenth factor. Employer may withhold payment to the main

contractor or sub-contractor for a variety reasons. Such as major defects in

construction works, dispute works, failure to comply with any material provisions of

the contract, third party claim field or reasonable evidence that the claim will be filed

and failure to make timely payment for the project resources. (Zakaria Z, 2013).

4.6 Summary

In this chapter, in relation to factors and cause of dispute that affecting the

delay conclusion of Final Account, data through questionnaire survey was obtained

from 58 respondents who are involved in the construction industry. The data has been

analysed and rank based on the RII.

From four pre-defined factors, the top most significant factor has been

identified in Table 4.4.1. The most common cause of dispute has been identified in

Table 4.4.2.

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The next chapter will present the conclusions drawn from the research

findings and recommendations will be discussed to improve the project Final

Account settlement in Malaysia.

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CHAPTER 5

CONCLUSION AND

RECOMMENDATION

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CHAPTER 5

CONCLUSION AND RECOMMENDATION

5.1 Introduction

In previous chapter, the data collected through the questionnaire survey is

analyzed to show the ranking of factors and the causes of disputes that contribute the

delay settlement of Final Account in Malaysia’s construction projects.

This chapter presents the conclusion drawn from the research findings and

providing tangible recommendations that could help in improving the prompt

settlement of projects Final Account in Malaysia.

5.2 Research Findings & Conclusion

Valuable data was drawn from a series of response to survey questionnaire

provided by 58 experienced professionals. 43% of the respondents are directly

involved in the operation and management activities, 55% has the working

experienced of five to ten years with 79% of the respondents participated in Final

Account and indication of 48% experience the conclusion of Final Account is

beyond the stipulated time frame. The professionals had all the experienced working

in the construction projects and involved in delay settlement of the Final Account.

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The research has addressed the two pre-defined objectives that have been

listed in Chapter 1 and are summarized and further discussed as follows:

5.2.1 Objective One: To identify the factors that lead to the delay closing

of Final Account in construction project in Malaysia.

A comprehensive literature review was conducted to identify the common

factors that contribute to the delay settlement of Final Account, which are the

subject matter of this research.

As a result, the literature review revealed there are four major factors that

are associated with the contract provisions which cause the delay settlement in

Final Account. Data collected through survey questionnaire were analyzed and

the results as shown below:

• Variations is placed as the first rank, followed by measurements as the

second rank, third rank is documents and records required to support

Final Account and fourth rank is Claims.

• Payment of variation is not quite as simple as payment for the

contracted work and there are various situations of payment arise

from variations. There are common problems which usually hinder

the settlement of variations. The major problems are validity of

instruction to the Contractor not under a specific variation clause of

the Contract; the on-cost percentage to be added on top of the direct

cost of variation works; the method of valuation such as how

reasonable is the new rate as assessed for the variation works to which

similar Bills of Quantities rates apply; degree of substantiation of

rates proposed by the Contractor and the sources of labour and plant

rates applicable for the valuation of variations at new rates (KC Ko,

2009)

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• It is advisable to start finalizing the measurement upon completion of

any part of the Works.

• It is acknowledged that time is the essence and Final Account is a

lengthy and long process, a strategic approach may need to be

formulate in the process to manage and tackle the potential

challenges. It may be beneficial to maintain a “running” Final

Account for which measurements and agreements occur throughout

the project (Ashworth and Hogg, 2000).

5.2.2 Objective Two: To identify the root causes of the delay in

preparing Final Account

Pursuant to second objective, a total of ten causes of disputes were

identified all based on the comprehensive literature review that has been

elaborated in Chapter 2.

Data collected through survey questionnaire were analyzed and the results

as shown below:

• The process of assessment on variations and agreement on the

valuation are the main cause of dispute. Variations and claims should

be prepared, assessed and agreed as soon as completion of each event.

• Late process and assessment will also have resulted in late payment.

Late payment problem is interrelated with the cash flow issues. Cash

flow in the construction industry is critical due to the relatively long

durations of projects. Any deviation due to the either delay of project

or cash flow can have adverse impact on the project. The times for

receiving payments from the client will affect cash flow of a project.

Many construction projects have negative cash flow until the very end

of construction when the final payment is received or advanced

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payment is received before starting the project (Hung et al, 2005). The

delay of payment from owners will affect the cash flow of the of the

contractor and retainage withheld by the owner will also create cash

flow problem to the contractor.

Based on the findings of the study, the conclusion drawn are the

intrinsic factors that contribute to the delay settlement of the closing of Final

Account is not only in relation to contract provisions but as well as other

factors such as process of assessment and agreement on the variations and

claims.

5.3 Limitation of Study

The following are some of the limitation of the study that may impact on the

accuracy and reliability of the result:

a) The study has concentrated only for the state of Selangor and Wilayah

Persekutuan Kuala Lumpur. This may be limited by the way in which

subjective experience is quantified.

b) Challenges encountered in organizing the data due to lack and late of

response to the questionnaire survey.

5.4 Recommendations for Further Research

The following recommendations are offered based on the findings and

conclusion of the study:

a) The construction industry shall embrace the information technology (IT) in

their filed especially on the information management. Each of the

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documentation involved in the construction industry may have the direct or

indirect impact to the projects. With the aid of IT most of the redundancy and

unproductive time spent on rework will be solved and this will be able to

address the issues in relation to contract provisions. It serves as a centralized

data based where everyone that involve in the project are referring to the

same source as illustrated in Figure 5.1.

Figure 5.1: Building Information Modelling (BIM) (Buildepedia.com, 2010)

Building Information Modeling (BIM) is an integrated process for exploring

a project’s key physical and functional characteristic digitally before it’s

built, helping to deliver projects faster and more economically, while

minimizing environmental impact. Coordinated, consistent information is

used throughout the process to begin innovative projects, better visualize and

simulate real-world appearance, performance and cost, create more accurate

documentation. BIM helps everyone working on a project to communicate

and coordinate seamlessly with all project team members working on the

same building information model. The knowledge transferred is streamlined

leading to improved accuracy and reduced rework. Furthermore, BIM helps

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to convey design intent from the office to the site, reducing change orders and

site coordination problems.

Dato’ Sri Fadillah Yusof, Works Minister in recent launch of BIM Centre on

20 November 2017 shared that “The use of technology is no longer just a

choice, it has to be a necessity in our aim to increase the productivity level in

the local construction sector. Only with this, we can be on par with other

developed nations,”. He further deliberated that by being able to virtually

analyse key physical and functional characteristic of each element even

before construction works commence, it helps improve the efficiency and

quality, and most importantly, the productivity of the overall construction

process. This is reflecting the roll out technology advantage across project

lifecycle as one of the initiative advocated in CITP program leveraging

information and communication technology in the construction industry.

b) To provide effective post contract cost control and to expedite the settlement

of Final Account, Quantity Surveyors shall aim at having periodic cost

review meetings to settle the valuation of instructed variations (The Hong

Kong Institute of Surveyors, 2012). The Final Account process should occur

throughout the contract period. As a matter of preparation, Quantity Surveyor

should ensure all contracts variations have been accounted for and other

potential cost-related items are properly recorded. If cost can be tracked

properly during the duration of the projects, the monthly certification can

serve as the common point to starts the Final Account discussion.

There is various study conducted by researcher to address the delay

settlement in Final Account from different perspective such as project management.

The following are a few thoughts to be shared and considered for the

future study of delay settlement in Final Account. The recommended idea is to

further explore on other potential factors affecting project success and the Final

Account closing.

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There are two ways to analyze the problem of construction

nonperformance (not on time, not meeting the quality expectations of the owner, and

not having cost increase change orders). The first is a project-specific approach,

which assumes that the problems are being caused by the uniqueness of each project.

This approach stresses; finding solutions in better trained personnel and craftspeople,

more standards, construction management and inspection. The other is a process

approach, which assumes that the problems are being caused by the process. Despite

technical advancements such as Building Information Management (BIM), LEAN

practices, forward thinking scheduling/costing software, and design enhancements,

the construction industry has continued to have performance issue (Kashiwagi, D., et

al, 2005). Kashiwagi, D. (1991) opined that Best Value Procurement/ Performance

Information Procurement System (BVP/PIPS) is a new way to deliver services, run

organization and optimize supply chain. It forms a leadership structure that assists

inexperienced project managers to get optimal results.

In further analyzing on the successful closing of Final Account,

further study could involve and explore on the impact of the Best Value

Procurement/ Performance Information Procurement System (BVP/PIPS). Whereby,

the study will focus on the effectiveness of project delivery and successful

completion in totality inclusive of closing Final Account.

BVP/PIPS is a process/structure to deliver services. It changes the

procurement agent’s role from being the guardian over the award of a contract, to a

facilitator of the delivery services. The new role of facilitator starts when a user has a

requirement and ends when the service has been delivered. Instead of being a

procurement process, it assists in the development of an intent of the client by expert

vendors, identifies the best value vendor (most value for the lowest price), assists the

best value vendor to determine if they can meet the intent of the client, and ensuring

that the vendor can deliver on their proposal.

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Figure 5.2: Construction Industry Structure (CIS) (Kashiwagi D, 2011)

The development of BVP/PIPS identified the delivery system of

services as the problem and not the lack of technically qualified personnel (Meyer,

Witt, Kashiwagi, D, 2010).

The finding of the study will equip the industries with positive impact

on workforce productivity and improve financial performance. Likewise,

academicians will also benefit from the research findings by updating and revising

the knowledge to equip future industry professionals with appropriate knowledge to

lead successful organization in the twenty-first century.

5.5 Conclusion

This study focus on the identification of the underlying factors and causes of

disputes in delay settlement of Final Account and to recommend effective potential

solutions to improve the successful and prompt settlement of Final Account in the

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construction industry. This study also highlighted significant points to be aware by

the practitioners in the construction on the potential factors and challenges during the

process of closing Final Account.

This will encourage all the parties in construction industry to have an insight

into the challenges of prompt settlement in Final Account and search for effective

solutions. The potential solutions in return will helps to increase the productivity of

the construction industry by ensuring a successful project delivery thorough the

project life cycle.

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APPENDIX A

QUESTIONNAIR

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QUANTITY SURVEYING DEPARTMENT

FACULTY BUILT ENVIRONMENT UNIVERSITI TEKNOLOGI MALAYSIA

*************************************************** *****************

QUESTIONNNAIRE

SARJANA MUDA UKUR BAHAN

Research Objective: The questionnaires survey is carried out to gather information on the issues of factors and causes of dispute in delay settlement of Final Account from contractors in the construction industry.

The questionnaire is design to obtain following information:

1. To identify the factors that lead to the delay closing of Final Account in construction project in Malaysia

2. To identify the cause of dispute as a result to the delay conclusion of Final Account

The information given will be treated as confidential and no disclosure of

information in any circumstances without the agreement from the respondent.

Your cooperation is highly appreciated.

*************************************************** *****************

Prepared by:

Name: Emilia Binti Ahzami

Matric No.: SX080304BQJ04

e-mail: [email protected]

Please return the completed questionnaire in the enclosed stamped envelope.

Factors Affecting Prompt Settlement of Final Account

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Please tick (√) appropriate answer in the given boxes or write the answer in the space provided.

1. What is your position in the organization?

Project Director

Project Manager

Project Engineer

Project QS

Other, please specify

2. What is your level of qualification?

PhD

Msc

Bsc

Post Graduate Diploma

Other, please specify

3. How long have you been in the construction industry?

< 5 years

5 – 10 years

> 10 years

4. Do you have experience in closing the project Final Account?

Yes

No

Section A: Respondent’s Profile

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5. How many project Final Account has you involved?

< 5

6 - 10

11 - 15

16 – 20

> 20

6. Number of projects that are concluded within the stipulated time or on time?

less than 5 project

less than 10

less than 15

less than 20

more than 20

Company’s stamp:

Signature: _____________________________________________

Date: _____________________________________________

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Purpose: This section is to identify the factor affecting the delay closing of Final Account

Please rate your level of agreement with the following questions by circle the appropriate chosen scale.

Each scale represents the following:

Question: How relevant does the following factors contribute to delay settlement of Final Account?

1 Variations 1 2 3 4 5

2 Claims 1 2 3 4 5

3 Measurement 1 2 3 4 5

4 Documents and records required to support Final Account 1 2 3 4 5

Please add other factors you think are important but not listed above.

5 __________________________________________________

6 __________________________________________________

Section B: FACTORS THAT LEAD TO THE DELAY CLOSING IN FINAL ACCOUNT

1 2 3 4 5

Strongly

Disagree

Disagree Not Sure Agree Strongly

Agree

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Purpose: This section is to identify the of cause dispute in prompt settlement of Final Account

Please rate your level of agreement with the following questions by circle the appropriate

chosen scale.

Each scale represents the following:

Question: What are the source of dispute in the prompt settlement of Final Account?

1 disagreement on valuation process 1 2 3 4 5

2 fail to agree with the valuation of work 1 2 3 4 5

3 delay in finalisation of the variation orders 1 2 3 4 5

4 errors in claims submission 1 2 3 4 5

5 longer time to certify claims 1 2 3 4 5

6 records are not kept properly 1 2 3 4 5

7 misinterpretation of contract 1 2 3 4 5

8 amount of outstanding works/extra works in the maintenance period

1 2 3 4 5

9 Final Account can only be resolved after the expiry of maintenance period

1 2 3 4 5

10 Lack of communications between parties 1 2 3 4 5

Please add other factors you think are important but not listed above.

11 __________________________________________________

12 __________________________________________________

THANK YOU VERY MUCH FOR YOUR COOPERATION

Section C: CAUSE OF DISPUTE AS A RESULT TO THE DELAY CONCLUSION OF

FINAL ACCOUNT

1 2 3 4 5

Strongly

Disagree

Disagree Not Sure Agree Strongly

Agree