Post-Disaster Reconstruction Contracts: Unpacking Competency Gaps and External Constraints

Abstract This study investigates contract implementation challenges in developing countries, focusing on competency gaps and external factors. Fifteen in-person semi-structured interviews were conducted with professionals involved in reconstruction efforts following the Gorkha Earthquake in Nepal and analyzed using thematic analysis. The analysis revealed two key themes: competency & compliance, and external environment. Competency and compliance gaps included contractors' limited understanding of contract terms, reliance on low bids in the hope of mischievous variations later, government agencies' resource shortages and inexperience, and the added complexity of donor-imposed systems. External challenges included unrealistic community expectations, temporary agency roles, corruption, and limited insurance coverage and mechanisms. These issues can lead to a spectrum of contractual difficulties, from minor misunderstandings and weak oversight to serious breaches, often resulting in delays, cost overruns, and disputes. The study emphasizes the need for better alignment between contract requirements and local capabilities and the importance of pre-disaster planning, clearer stakeholder engagement guidelines, and comprehensive contract management training. These findings provide valuable lessons for future reconstruction and underscore the need for context-sensitive contract frameworks that address post-disaster challenges. Building on this, the study proposes a practical roadmap to guide the development and implementation of tailored construction contracts for reconstruction projects.