Discerning the Disparity between Stipulated Contractual Payment Procedures and Payment Practices among Contractors

Smooth cash flow is critical to foster a robust, professional, and competitive construction sector, ensuring efficient project delivery. However, persistent payment issues have been a recurrent concern, adversely affecting contractors within the construction industry. This research delves into the payment procedures as stipulated in three (3) prevalent standard form of contract, specifically focusing on the dynamics between clients and contractors in the Malaysian construction industry. The study aims to identify any disparity between the stipulated payment conditions and the actual of payment practices. A form study through literature review is used to study the stipulated contractual payment procedures while primary data of actual practices were sourced from 162 contractor’s responses through structured questionnaire surveys. Employing a blend of analytical tools encompassing frequency distribution, Likert Scale with the Cronbach’s alpha analysis, and relative importance index computations, the collected data were analyzed. The findings emphasized the severity of payment concerns within the construction industry. Payment issues, namely late payment, underpayment, and even nonpayment occurs at a high frequency. Persistent payment issues reflect a glaring disparity between stipulated procedures and the actual payment practices employed. The results from the survey also revealed that in these instances, the majority of contractors would opt for a tactful approach, relying on persistent notifications directed toward the client rather than pursuing legal actions to address the issue. The study underscored the urgent need for improvements through better defined payment terms, established escalation procedures, and penalties for late payments in construction contracts. Furthermore, it is also necessary for contractor to be educated regarding legal options and the meticulous maintenance of work-related documentation concerning payments in order to foster a balanced and equitable ecosystem in the construction sector that will propel the construction industry’s advancement and the nation’s progress.

Authors

Institutions

Publication Details

Journal
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Published
2024-11-26
DOI
https://doi.org/10.1061/jladah.ladr-1151
Citations
4
Primary Topic
Public Procurement and Policy
Type
article
Field-Weighted Citation Impact
2.22
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Discerning the Disparity between Stipulated Contractual Payment Procedures and Payment Practices among Contractors

Sim Nee Ting, Yee Yong Lee, Mohd Nur-Faiz bin Haris
4 citations
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Public Procurement and Policy
2.22
article

Discerning the Disparity between Stipulated Contractual Payment Procedures and Payment Practices among Contractors

Sim Nee Ting, Yee Yong Lee, Mohd Nur-Faiz bin Haris
article en
4 citations

Abstract

Smooth cash flow is critical to foster a robust, professional, and competitive construction sector, ensuring efficient project delivery. However, persistent payment issues have been a recurrent concern, adversely affecting contractors within the construction industry. This research delves into the payment procedures as stipulated in three (3) prevalent standard form of contract, specifically focusing on the dynamics between clients and contractors in the Malaysian construction industry. The study aims to identify any disparity between the stipulated payment conditions and the actual of payment practices. A form study through literature review is used to study the stipulated contractual payment procedures while primary data of actual practices were sourced from 162 contractor’s responses through structured questionnaire surveys. Employing a blend of analytical tools encompassing frequency distribution, Likert Scale with the Cronbach’s alpha analysis, and relative importance index computations, the collected data were analyzed. The findings emphasized the severity of payment concerns within the construction industry. Payment issues, namely late payment, underpayment, and even nonpayment occurs at a high frequency. Persistent payment issues reflect a glaring disparity between stipulated procedures and the actual payment practices employed. The results from the survey also revealed that in these instances, the majority of contractors would opt for a tactful approach, relying on persistent notifications directed toward the client rather than pursuing legal actions to address the issue. The study underscored the urgent need for improvements through better defined payment terms, established escalation procedures, and penalties for late payments in construction contracts. Furthermore, it is also necessary for contractor to be educated regarding legal options and the meticulous maintenance of work-related documentation concerning payments in order to foster a balanced and equitable ecosystem in the construction sector that will propel the construction industry’s advancement and the nation’s progress.

Journal of Legal Affairs and Dispute Resolution in Engineering and ConstructionVol. 17(1)
Universiti Malaysia Sarawak (MY)
Openalex Percentile: Top 10%
Public Procurement and Policy
2.22
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.