Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Journal of the Civil Engineering Forum

Does the COVID-19 Outbreak Constitute a Force Majeure Event? A Pandemic Impact on Construction Contracts Seng Hansen
Journal of the Civil Engineering Forum Vol. 6 No. 2 (May 2020)
Publisher : Department of Civil and Environmental Engineering, Faculty of Engineering, UGM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/jcef.54997

Abstract

The emergence of novel coronavirus disease 2019 (COVID-19) at the end of 2019 has transformed from an epidemic to a pandemic disaster. As of 12 April 2020, this outbreak has spread to more than 210 countries and territories and caused 108,837 deaths. The development of this outbreak has resulted in the closure of several major cities in the world (such as Wuhan, Daegu, and Manila) to country-wide lockdowns as observed in Italy and Malaysia. This also affects the construction sector as a labor-intensive industry. Force majeure has become one of the critical points of discussion, considering that this provision allows a contract party to hinder from fulfilling its obligations on the grounds that events are beyond a party’s control. Nevertheless, the application of this provision often faces challenges considering that in prior legal cases, the Courts tend to interpret this clause narrowly. Thus, it would be problematic when the force majeure clause does not include an epidemic outbreak as a force majeure event in the contract. This paper aims to explore the potential of the COVID-19 outbreak as a force majeure event in construction contracts. A qualitative approach consisting of two-step interdependent methods was done to highlight the fundamental elements of force majeure and to analyze whether the COVID-19 outbreak constitutes a force majeure event or not. Finally, a decision model was developed to assist the contracting parties in determining the COVID-19 outbreak potential as a force majeure event. This paper contributes since research related to the impacts of epidemic or pandemic outbreaks on the construction industry has not been intensified.
Quantity Surveyors’ Response to the COVID-19 Outbreak: A Mixed Method Approach Seng Hansen; Susy F Rostiyanti; Rizaldi Rizaldi; Clara Andjarwati
Journal of the Civil Engineering Forum Vol. 7 No. 2 (May 2021)
Publisher : Department of Civil and Environmental Engineering, Faculty of Engineering, UGM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/jcef.60715

Abstract

The COVID-19 outbreak began at the end of 2019, and has evolved to a pandemic threatening various industries’ sustainability. Decisive actions have been taken to tackle the pandemic’s spread, however, various impacts continue to be felt by many industries, including the construction industry. This paper therefore focuses on the COVID-19 outbreak’s impact on Quantity Surveyors’ (QS) construction projects and activities, as a key profession in the industry. A mixed method approach, questionnaire survey followed by expert interviews, was adopted. Subsequently, 199 valid responses for analysis were obtained from the questionnaire distribution, using descriptive statistics and Significance Index. Furthermore, qualitative data were acquired through semi-structured interviews with five experts, and analyzed using a structured thematic analysis. According to the results, 56.78% of respondents experienced project slowdowns, 13.57% experienced project suspensions or terminations, and 12.56% experienced cost overruns. Most respondents acknowledged the pandemic had present changes to projects (84.92%), in the form of changes in organization structure, work culture, technological application, and project objectives. Meanwhile, the Significance Index has successfully established an 11-factors ranking, regarding the pandemic’s impact on QS activities, with impact on the overall project completion as the most profound impact followed by impacts on project scheduling, supply chain, tendering, cost controlling, and claim management. This study’s qualitative and quantitative findings tend to be in accordance, thus, providing some fundamental insights regarding the COVID-19 outbreak’s impact on the construction industry, including direct impacts on project sustainability, technology adoption, and project resiliency issues. In addition, this study also contributes to scientific knowledge by discussing the issues and trends of work culture changes in QS professional activities.