Contract Risk Management: A Comparative Study of Risk Allocation in Exculpatory Clauses and Their Legal Treatment

Author(s):  
Ramy Khalef ◽  
Islam H. El-adaway ◽  
Rayan Assaad ◽  
Niame Kieta
2016 ◽  
Vol 72 (12) ◽  
Author(s):  
Rashidah Abdul Rahman ◽  
Zuraeda Ibrahim ◽  
Achmad Tohirin ◽  
Aliyu Dahiru.Muhammad,Rossje Vitariamettawaty Suryaputri

Author(s):  
Peter Wallace ◽  
Mark Cohen ◽  
Guy Lembach ◽  
Matthew Murch ◽  
Reena Sahney

The risk factors pressuring pipeline projects are very similar to those that influence any capital construction project, except that the scale and complexity are magnified as are the consequences of even minor disruptions to the progress of the work. Essential to the successful planning, design, and construction of large capital projects is risk management. Project issues such as regulatory compliance, resource constraints, aggressive competition, and the access to and requirements of capital markets require aggressive and thorough risk management and control. Moreover, the ability to influence and mitigate cost and schedule risk decreases as the project progresses through the construction life cycle. This paper will discuss the major components of proper risk management including scoping, identification, analysis and evaluation, timely response, mitigation, control, and risk allocation using proven techniques. The significant risk areas in each phase of the project life cycle including, feasibility, planning and design, construction, and start up & turnover will also be discussed. This paper will also focus on tools and strategies in dealing with the common and costly areas of risk, particularly the use of CPM scheduling in the identification, control and quantification of risk management issues using statistical models, such as Monte Carlo simulations, and the use of CPM scheduling in the avoidance of claims will be highlighted.


2005 ◽  
Vol 47 (4) ◽  
pp. 469-488 ◽  
Author(s):  
Jan Smolarski ◽  
Hira Verick ◽  
Sarah Foxen ◽  
Can Kut

Author(s):  
Chipozya Tembo-Silungwe

Risk misallocation has been a topic of discussion in the extent literature for some time now. The literature points out that risk management is the key to ensuring that optimal risk allocation is achieved. While the focus on risk allocation has been about the party best suited to carry a given risk, the issue of how misallocation occurs is rarely dealt with. This paper modeled how risk misallocation can result from contract practice. This was done through a literature review and 15 purposive heterogeneous semi-structured interviews conducted with clients, project managers, architects, engineers and quantity surveyors in the Zambian building sector. The derived model suggests that misallocation could result from inappropriate selection of risk mitigation mechanisms provided for in the contract, poor selection of contracts and use of inappropriate procurement routes. These findings advance knowledge that necessitates the allocation of risk appropriately as the areas of contract practice and risk management are rarely researched with regards to risk misallocation.


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