Chapter 2
Chapter 2
CONTRACTOR PERFOMANCE
2.1 INTRODUCTION
order to assess its structure and performance. Factors affecting the construction
industry performance as per the literature are also reviewed in order to establish the
extent of hyper-inflation on performance. The review thus, addresses the first key
The construction industry plays a significant role in contributing to the Gross Domestic
Product (GDP) of the country. The industry contributes up to 4% of the country’s GDP
representing the biggest institution of fixed capital formation (Gombera, 1998). The
The ZCIC constitution defines the construction industry as the industry in which
consultants, contractors, suppliers, employers and employees are associated for the
maintaining, demolishing or altering any structure and/ or its constituent parts. In many
ways, the pace of economic growth of any nation can be measured by the
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Pearce 2003 viewed the construction industry in terms of size and structure as being
narrow and broad. The narrow definition focuses attention on the actual on-site
construction activities whilst the broad definition draws in the quarrying of construction
raw materials, manufacture of building materials, the sale of construction products, and
the services provided by the various associated professionals as shown in figure 2.1.
The narrow definition of the construction industry is often the mostly widely used. For
Quarrying of
construction
materials
Manufacture of
Professional services: construction
‘built environment products, materials,
design’ management and assemblies
THE BUILT
and surveying ENVIRONMENT
Sale of construction
On-site assembly products, materials,
by non-contractors On site assembly:
(buildings and and assemblies
infrastructure
(contractors
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The Zimbabwean government has implemented dynamic and rigorous policies within
the construction industry stretching back from the post-independence era (1980), when
a new majority government got into power meant to foster maximum economic growth.
The Zimbabwean construction industry holds a pivotal role in the nation's economy. It
represents the biggest institution of fixed capital and is closely linked to building and
allied industries such as cement, glass, steel, timber, asbestos, bricks and many others
(Gombera and Okoroh, 1998). Figure 2.2 depicts the structure of the construction
industry in Zimbabwe.
Ministry of Finance
ZBCA
Zimbabwe Construction Industry ZILP & S
Council
CIFOZ IQSZ
Joint Practice Committee (JCP)
ZACE
AIZ
Trade Unions
Key Notes
AIZ -Architects’ Institute of Zimbabwe
CIFOZ -Construction Industry Federation of Zimbabwe
IQSZ -Institute of Quantity Surveyors Zimbabwe
ZACE -Zimbabwe Association of Consulting Engineers
ZBCA -Zimbabwe Building Contractors Association
ZILP & S-Zimbabwe Institute of Land Planners and Surveyors working relationships
Figure 2.2 structure of the Zimbabwean construction industry adopted from
Gombera and Okoroh (1998)
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A 50 A 42
B 13 B 19
C 16 C 25
D 11 D 25
E 11 E 17
companies who were not able to compete with CIFOZ members. ZBCA members
lobbied the government which came up with the affirmative action policy giving these
contractors a 10% advantage over CIFOZ members who largely are foreign owned
Construction Industry council (ZCIC) together with all professional bodies in the
construction industry. In order to regulate the construction industry, efforts were made
to enact the representative body by an Act of Parliament. This development will enable
the construction industry to be properly regulated and bring about reforms in the
construction industry. The proposal is awaiting parliament consent at the time of this
research.
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The construction industry’s ability to deliver is influenced by the unique nature of the
industry. Cox and Goodman in Dubois and Gadde (2002) state that”The physical
They undergo different kinds and degrees of processing in large numbers of places,
require many types of handling over periods that vary greatly in length, and use the
The nature of the industry means that the participants on a given project are many and
varied all drawn from different disciplines. The risk and uncertainty associated with this
method of production and price determination also means that margins are thin,
uncertain and easily eroded. An individual project often represents a large proportion of
the turnover of a participant in any year as a result there is inevitably mistrust among
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Having analysed the structure of the construction industry, it is apparent that the
requirements into a finished product. Xiao and Proverbs, (2003) defined overall
quality and sustainable development of contractors. The philosophy being that the
performance among which is one done by Ankrah, (2007) who summarised the factors
classified these factors into project-related, organisational, external and industry factors
as shown in table 2.3. Several writers in the past have written on the factors affecting
time, cost, quality and contractor profitability from different perspectives including Chan
and Kumaraswamy, (1996, 1997), Assaf and Al-Hejji (2006), Xiao and Proverbs
(2002a, 2002b), Akintoye and Skitmore, (1991), Kaming et al 1997, Nkado, 1994
among others. In order to evaluate and understand the causes of poor performance;
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Influence
project performance
In order to satisfy the third objective, it is imperative to examine the procurement routes
contractor performance in that they effectively determine whether the project will meet
its intended objectives of time, cost, and quality performance at a reasonable profit for
the contractor.
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According to the JCT contract practice note (2008), procurement is a generic term
embracing all those activities undertaken by a client seeking to bring about the
project strategy, which entails weighing up the benefits, risks and financial constraints
which attend the project and which eventually will be reflected in the choice of
contractual arrangements. In every project the concerns of the client will focus on time,
cost, and performance or quality, in relation both to design and to construction of the
building.
Gombera and Okoroh (1998) identified the most popular procurement strategies
used. The traditional approach has been frequently criticised for its adversarial nature.
To quote from Coggan’s report, (2001): “the use of traditional forms of contract have
frequently led to confrontation between client, consultant and contractor where due, to
many reasons, projects have incurred serious cost overruns and delays”.
contracting and Design and build have been sparsely used by private clients in
Zimbabwe. Design and build has been used for housing developments by central
a workers' society for national benefits while the other routes were used by African Sun
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industry are widely held to be the major cause of inefficiency and of customer
contractor has a bearing on the degree of risk the contractor can take in. Generally, the
The form and clarity of contracts, the quality of documentation, and the method of
standard-form contracts provide a range of contracts that generally deal with most
that endlessly refining existing conditions of contract will not solve adversarial problems
but a set of basic principles is required on which modern contracts can be based. Good
In order to deal with the inadequacy of the building contract, ZCIC introduced the
National Joint Practice Committee (NJPC 2000) so as to cater for the inflationary
environment. This standard form of contract in many ways reflects the JCT standard
form of contract in the UK. Although inadequate, the recent form of contract has seen
revisions dealing particularly with how contractors can recoup their costs in the current
inflationary environment.
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exposed particularly under these forms of contract. For example, clause 22 of the
building contract gives the Architect seven (7) days within which to produce a
certificate once the contractor submits an application for payment. The client has
fourteen (14) days within which to release payment. This invariably means that the
contractors’ payment will be made after 21 days. The contractor recovers money
injected in the project after 40 days and surely under the current hyperinflationary
Will Hughes, 2008 points that the purpose of a written contract is to record accurately
the terms of a business agreement. This always involves two opposing tensions: first,
there is a need for contracts to be fair and flexible and second, they need to be
apart from the long time frame to pay amounts due to the contractor, part of clause 22
(a) states that in the event of the Employer failing to pay within the period named he
shall be liable to the contractor for any legitimate claim subsequently submitted by the
Clearly this state of affairs is not workable and contractors are under immense
pressure as they are unable to fully recover their lost value. Outstanding debts in
Zimbabwe are subject to the induplum rule which states that a creditor can claim
interest only to the value of the debt. With the government conditions of contract
governing public sector work, the prescribed rate of interest of 30% is used in these
circumstances.
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