INTERNATIONAL CONSTRUCTION MARKET：国际建筑市场精选.pdfVIP

MAKING CLAIM/DISPUTE MANAGEMENT SYSTEM IN JAPANESE PUBLIC WORKS CONSTRUCTION COMPATIBLE WITH INTERNATIONAL CONSTRUCTION MARKET Rajendra NIRAULA*, Shunji KUSAYANAGI* Kochi University of Technology* ABSTRACT : A claim in Japanese society is often considered as complain and the construction industry is in no exception. However, unlike in the Japanese construction industry a claim in the international construction market is taken as someone’s rightful due. This paper discusses the claim/dispute management systems in Japanese construction industry with comparison to international construction market based on the FIDIC conditions of contract. The existing claim/dispute management system prevailing in the Japanese public works has made the owner dominated construction industry and contractors to depend on the owner’s determination. A questionnaire survey regarding the Japanese conditions of contract for public construction work has revealed that: no respondent were confident over the impartial and fair determination of the project manner; nearly 90% of the respondent used to accept the owner’s determination over the cost; about 90% of the respondent agreed that the owner directly or indirectly influence contractors to accept the owner’s determination; no respondent did have intention to go for arbitration even they could not accept the decision of the owner at first. KEYWORDS : Claim/dispute, Japanese public works, FIDIC. 1. INTRODUCTION control and responsibility. Every party to a contract has a r