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Panel Contractor Satisfaction and Whether
Collaboration and Partnering are Happeningin a Bespoke Contract
B
Masters Project Presentation;
Mohd. Norizam Md. Salleh(MPM September 2010 Intake)
Matric No: CGS00534317
Date: Nov. 2012
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Content
1.0 Introduction
2.0 Review of Literature
.
4.0 Data Collection & Analysis
5.0 Discussion, Conclusion and
Suggestion
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1.0 Introduction
1. Background Study2. Problem Statement
3. Objectives of the Study
4. Key Question5. Scope of Study
6. Significant of the Study
7. Assumption and Limitation
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Chapter 1: Introduction
1. Background Study
There are various type of contract uses in constructionbusiness in Malaysia.
, ,
CIDB, IEM and etc.
International standardcontract uses namely JCT, APM,
ICE, FIDIC, NEC and etc.
Modified version orbespoke contractwere uses insome industries e.g. oil and gas and telecommunication
industries.
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Standard form of contract
(Pros.)
They have endured years of test. Designed by experts in the field. Provide a representative viewpoint of the industry they
served and normally be a fair contract.
Represent both parties on an equal and a fair share basis and
not one-sided. Normally express the obligation of all the parties involved and
clarify the project scope well.
(Cons.)
Always labelled as a traditional contract strategy. Blamed for the edgy relationship between the project
provider and the contractors. Fail to perform as a team.
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Bespoke contracts
In Malaysia its commonly used in the Oil and Gas andTelecommunication sectors.
Involved specialist jobs and were carried out by registered
panel contractors .
(Cons.)
O ten a e e as one-si e contractas t ey were esigneby the clients.
(Pros.)
Modern contract strategies such as win-win approach,
partnering, joint decisions, collaboration, rewards,
cooperation, trusts and etc. that may help in meeting the
project common objectives time, cost and quality S & S can befound.
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1.2 Problem Statement
Traditional contract strategies were always identified as ahindrance to a good working relationship between the
clientand the contractors.
On the other hand, the modern contract strategies,
work collaboratively, smart partnering, win-win
approach, trust, cooperative, shared risk, rewardand etc.
Its encouraging the client and the contractors to work
together towards achieving the common goals - to completethe project/task - on or ahead of schedule, within budget
and at acceptable stipulated quality, safety and
sustainability.
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Problems to be addressed in this study are as follows;
Are the panel contractors to a bespoke contractsatisfied with the form of contract used and how it is
managed by the client?
Whether the modern contract strategy is being
practised in a bespoke contract.
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1.3. Objectives of the Study
To identify whether the panel contractors fully understand the
form of contract use, specifically the bespoke form of
contract.
To identify whether the panel contractors are satisfied withe espo e con rac a were common y use n e
Gas and Telecommunication Sectors.
To identify whether the modern contract strategies such as
collaboration and partnering are being practiced in theircontract.
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1.4. Key Questions
80% of the key questions are adapted from Chan A. P.
C. et al. (2004) and they are as follows;
1) Panel contractor satisfaction on the bespoke form ofcontract uses;
2) Establishment and communication of conflict
resolution strategy;3) Commitment to win-win attitude;
4) Regular monitoring of partnering and collaboration
process;5) Clear definition of responsibilities;
6) Mutual trust;
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1.4. Key Questions (cont.)
8) Willingness to eliminate non-value addedactivities;
9) Early implementation of partnering process;
participants.
11) Ability to generate innovative ideas;
12) Subcontractors involvement;
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1.5 Scope of Study
Whether the panel contractors fully understand the
form of contract they use especially the bespokeform of contract.
bespoke contract that is commonly used in the Oil &
Gas and Telecommunication sectors.
Whether the modern contract strategies such ascollaboration and partnering are being practiced in
their contract.
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1.6 Significant of Study Only a few study conducted related to bespoke
contract.
Whether the modern contract strategy such ascollaboration and partnering are practised.
Whether the panel contractor fully understood thebespoke contract.
Might benefit other sectors.
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1.7 Assumption & Limitation
Due to limited time this study is limited to a bespoke
form of contract used by a Natural GasOperator/Supplier.
The tar eted rou is the anel contractors ersonel
that exposed to form of contract uses.
Will not discuss in detail the construction scope and
form of contract used.
Will not discuss detail comparison between bespoke
form of contract and standard contract.
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Chapter 2: Literature Review
1. Introduction
2. Panel Contractors Satisfaction
3. Bespoke Contract
4. Collaborative Approach5. Partnering
6. Research Instrument7. Summary
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2.1 Introduction
In carrying out this research, the relevant topics
in construction contract administration and
interpretation such as panel contractor
satisfaction, bespoke contract, collaboration and
.
The identification of keywords and important
terminologies related to these research objectives
were also defined.
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2.2 Panel Contractors Satisfaction
Geyskens, I & Steenkamp (2000) urged that, the satisfaction level isone of the key factors which affect partnership development.
However, satisfaction is a vague/unclear term. The contemporary
measurement for partnership is concentrated in economicsatisfaction and social satisfaction (Cited by Wong, 2009).
Wong (2009) - There are five sub-directions to support fine tuningo Economican Socia Satis actions. T ey are pro ita e; iscount;
quality enhancement; effectiveness; selling and marketing for
Economic Satisfactions and feeling hostility; tactful criticism;
mutual interaction; apocalypse; and polices for Social
Satisfactions.
Therefore its concluded, the panel contractors satisfaction to theform of contract uses in the contract can be seen at the level of
pleasure the contractors feel such as how the contract were carried
out and whether it satisfies them economically and socially.
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2.3 Bespoke ContractBespoke is a British English word meaning an item made to a
buyer's specification (personalised or tailored).
The characteristic points of bespoke/tailoring contracts are theclient/project provider's are in total control over the form of
contract terms and the way the project should be managed.
Basically, "bespoke contract" describes a high degree of
"customisation" on how the form of contracts are structured and
the relation between the client/project provider's and
contractors. That is the reason why it is usually used in the
specialised industries such as oil and gas, telecommunication,
power plant and etc.
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2.4 Collaborative Approach
The meaning of collaboration, is working together to achieve
common goal.
In traditional adversarial system, conflict, hostility and litigation
between the client and contractors are normal phenomena. Such a
climate actively militates against collective learning and knowledge
sharing between parties. In opposition, under collaborative
wor ng , con rac ors s are r s s, poo now e ge an wor oge er
to solve problems at all stages and levels in the productive system, a
process conceptualised as knotworking by some theorists (Bishop
et al., 2009).
Collaborative innovation occurs when organisations tap into a usersexpertise, and through collaborative support, is able to reduce their
costs and increase satisfaction. Collaboration is a shift from a
command-and-control state of mind to connect and collaborate
which is towards modern strategy (Sawhney, 2002).
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2.5 Partnering
Partner/partnering can be defined as a friend who shares a
common interest or participates in achieving a common goal. In the
construction industry partnering approach can be applied in meeting
the three project objectives which are time, cost and quality.
Ashworth (2006) - It is a procedure for improving working
relationships, based on assumption that strong players make each
other stron er weak ones destro each other and not onl about
systems and methods but it is essentially about people, enabling themto operate more efficiently, effectively and economically.
American Arbitration Association (1993) - Partnering is a synergy, a co-
operative, collaborative management effort among contracting and
related parties to complete a project in the most efficient, cost-
effective method possible, by setting common goals, keeping line
communication open, and solving problems together as they arise .
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2.6 Research Instrument
Only item/factor i), was designed by the author and the rest
items/factors ii) to xi) (80% of the questionnaires) were adapted
from Chan A. P. C. et al., (2004);
i. Panel contractor satisfaction on the bespoke form of
contract uses;
ii. Establishment and communication of conflict resolution
strategy;
iii. Commitment to win-win attitude;iv. Regular monitoring of partnering and collaboration
process;
v. Clear definition of responsibilities;
vi. Mutual trust;vii. Willingness to eliminate non-value added activities;
viii. Early implementation of partnering process;
ix. Willingness to share resources among project participants.
x. Ability to generate innovative ideas;xi. Subcontractors involvement;
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2.7 Summary
To achieve satisfaction, whateverform of contract used, the players
need to understand and carry out their obligations well as per
stipulated in the contract.
This study can also determine whether modern contract strategies
such as collaboration, partnering, win-win approach, jointly resolve
, , , . .
Outcome of this study should be able to determine whether the
panel contractors have fully understood the form of contract
(bespoke contract) use; whether they are satisfied with the
bespoke contract that is commonly used in the oil and gas andtelecommunication sectors; and whether the modern contract
strategies such as collaboration and partnering are being practised
in their contract.
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Chapter 3: Methodology
3.1 Introduction
3.2 Research Design3.3 Survey Method
.
3.5 Likert Scale
3.6 Data Analysis
3.7 Research Frame Work
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3.1 Introduction
Research methodology or research can be defined as a systematic
approach in search of specific answers that can be tabled for those
problems that have been identified.
A research should be carried out to go through a certain
systematic process to initiate new findings (Ranjit Kumar, 1996).
The moment a method to carry out a research is identified, it isimportant to make the intentions and objectives are
understandable and clear. Masters projects should not be over
ambitious and its process must tally with the resources available.
It should portray the total research methodology carried out in
relation to research design, population, the research instrument,
questionnaire design, data collections, data verifications, analysis
process and summary.
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3.2 Research DesignThis research is a descriptive study and will use quantitative
method to address all the questions arising in the problem
statements and the key questions. The survey will be carried outusing structured questionnaires and semi-structured interviews
that are distributed and conducted within a specific group.
Mohd. Majid (2000) stated that a descriptive research is a studyto assemble information and to explain what is happening. This
statement has been supported by Wiersma (1995) and he had
added that the descriptive study is able to portray or give the
information about certain thing, at certain time and decisionmaking for future plan.
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3.3 Survey Methodi) Semi structures interview
ii) Questionnaires.
Part A Respondents Background
Part B - contain the necessar uestions that are
designed in order to identify and determinewhether the researchs problem statements and
the study objectives can be met. 80% of the
elements in these questionnaires were adaptedfrom Chan A. P. C. et al. (2004).
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3.4 SamplingRespondents
The research will focus on a selected group that will consist of
the people who work with the panel contractors of a Natural Gas
Provider. Among the respondents that will be targeted in this
study are the contractors owner and the contractors
management level e.g. the project managers, contract managers,construction manager and engineers.
Distribution of the Questionnaires
Via postage, email and by hand.
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3.5 Likert Scale
Likert scale with a measurement point 1 to 5 to examine how
strongly subjects agree or disagree with a statement is adopted
in this study.
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3.6 Data AnalysisAll the data collected will be stored and analyse
using Statistical Package for Social Science 18.0 for
Windows (SPSS).
It also uses to identify the reliability of the data
co ecte .
SPSS assist the author to elaborate on various
statistical tests and the interpretation of the result
analysed
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3.7 Research
Frame Work
These research steps
provided a clear
methodology framework.
- Provides proper steps
on how the study shouldestablish the conceptual
model and
- to improve the level of
understanding to theresearch methodology.
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Chapter 4: Discussion, Conclusion andRecommendation
4.1 Introduction4.2 Findings
.
4.4 Testing Goodness of Data
4.5 Summary
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4.1 Introduction
The questionnaires were focused on the respondents knowledge,
understanding and experiences to a form of contract uses by a
natural gas provider. All the data gathered were stored and
analysed using SPSS 18.0.
The data were analysed to determine and identify whether the
results collected from the survey are addressing the research
objectives;
To identify whether the panel contractors have fully understood theform of contract they use especially the bespoke form of contract.
To identify whether the panel contractors are satisfied with thebespoke contract that were commonly used in the oil and gas andtelecommunication sectors.
To identify whether the modern contract strategies such as
collaboration and partnering are being practised in their contract.
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4.2 Findings
From 13 panel contractors, 48 respondents filled
up and returned the questionnaires.
100% of the survey was carried out among the
respon en s re a e o e pane con rac ors
registered with a Natural Gas Provider.
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4.3 Result from Data Collection4.3.1 Demographic of the Respondents
The finding was considered good for this research as
the respondent involved were;
consisted of matured and experiences workers
exposed to the form of contract uses&involves in construction management.
Therefore they should be able to understand thequestionnaires and answer them correctly.
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Figure 4. 1: Number of Years the Present Company in the Industry
More than 70% of the companies have been in this industry 11 yearsor more.
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Figure 4. 2: Respondents Age.
62% belong to 30 - 39 and 40 49 age groups.
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Figure 4. 3: Respondents Gender.
81.25% of the respondents are male and 18.75% are female.
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Figure 4. 4: Respondents Marital Status.
83.33% were married and 16.67% are single. 62% of
them are 30 years of age or older
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Figure 4. 5: Respondents Education Background.
87.5% pose at least a diploma or higher.
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Figure 4. 6: Respondents Current Position
31.25% are engineers, 22.92% are project managers, 8.33% are
construction managers, 29.17% are directors/owners, and
8.33% are others.
Fi 4 7 R d N b f Y W ki i
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Figure 4. 7: Respondents Number of Years Working in
Current Company
About 79% of the respondents have been working in the
company for more than 4 years.
Figure 4 8: Respondents Number of Years Working in Oil
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Figure 4. 8: Respondents Number of Years Working in Oil
& Gas Industry.
87.5% of the respondents have been working in the industry
for at least 4 years or more.
Fi 4 9 R d t T t l N b f Y f
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Figure 4. 9: Respondents Total Number of Years of
Working Experiences
93.75% of respondents have at least 4 years of working
experiences.
Figure 4 10: Whether Respondents Know What Bespoke
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Figure 4. 10: Whether Respondents Know What Bespoke
Contract is?
83.33% of the respondents claimed they knew what a
bespoke contract is and only 16.7% said they do not.
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4.3 Result from Data Collection
4.3.2 Findings From the Key Questions
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i)Panel Contractor Satisfaction on the Bespoke Form of Contract
Uses
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ii) Establishment and Communication of Conflict Resolution
Strategy
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iii) Commitment to Win-win Attitude
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iv) Regular Monitoring of Partnering and Collaboration Process
iv) Clear Definition of Responsibilities
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v) Mutual Trust
vi) Eliminate Non-value Added Activities
vii) Early Implementation of Partnering Process
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ix) Willingness to Share Resources among Project Participants
x) Ability to Generate Innovative Ideas
xi) Subcontractors Involvement
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4.4 Testing Goodness of Data
4.4.1 Reliability Statistics
It is important to check the reliability of the data.Therefore the data were analysed between their initial
attributes, the whole data were tested for the averageinter-correlations among the items measuring the
concept using SPSS 18 to verify the datas reliability.
Carried out on all 50 questions and the questionnaires
fill up by the 48 respondents.
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Cronbach's alpha is a reliability coefficient that indicates howwell the items in a set are positively correlated to one another.
The result shows that the Cronbach's alpha value is 0.950 andthis mean the results are reliable, as the closer it to 1, thehigher the internal consistency reliability is (Sekaran, 2003).
Cronbach alpha based on standardized items is somethingsimiliar but is computed alpha when all scale items arestandardized to have equal means and variances.
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Chapter 5: Discussion, Conclusion and
Recommendation
5.1 Introduction
5.2 Summary of main Findings
Research Ob ective 1
Research Objective 2 Research Objective 3
5.3 Limitation
5.4 Conclusion
5.5 Recommendation for Future Studies
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5.1 Introduction
All the research objectives listed in Chapter 1, will
be addressed, imprecisely discussedand concluded
via the findings obtained from the research
.
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5.2 Summary of main Findings;
Research Objective 1 Research Objective 2
esearc ec ve
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Research Objective no. 1: To identify whether the panel
contractors have fully understood the form of contract they useespecially the bespoke form of contract?
Majorities of the respondents have fully understood with the
form of contract uses. This can be seen from the answer toquestion 11 of Part A, where 83.33% of the respondents
claimed the knew what is bes oke contract is and onl 16.7%
do not.
In addition when they were asked in question 1 of the Part B,
whether they have fully understood about the form of
contract uses, majorities answered they do understood with amedian value of 3.833.
Research Objective no 2: To identify whether the panel
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Research Objective no. 2: To identify whether the panel
contractors are satisfied with the bespoke contract that iscommonly used in the oil and gas and telecommunication
sectors.
Satisfaction is low. The feedback gathered from the questionsbase on the factor of, Panel Contractor Satisfaction on the
Bespoke Form of Contract is that, out of twelve (12)
quest ons, two agree , e g t un ec e an two
disagreeing. Majority of the respondents claimed that theyfully understood the bespoke contract that is shown by the
mean value of 3.833. But most of them are undecided
whether the form of contract use is fairly treated between the
clients and the panel contractors.
Research Objective no. 2 (continued):
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Majority of the respondents are agreed that the payment waspaid on time. The survey outcome also determined that no
safeguard on the unforeseen risks were given by the client but
again the respondents were undecided whether the good
relation between the client and the contractors exist via newcontract strategy was being practised in this contract and
whether the client treated their V.O. and E.O.T. fairly. On the
other hand when they were asked about taking legal action shall
their V.O. and E.O.T. claims were rejected, majority of the
respondents answered they disagreed to proceed with it. This
disagreement also contributed to contractors satisfaction in the
form of contract as less or no arbitration claims are one of theoutcomes towards the practising of modern contract strategy.
The form of contract and the client does not protect the panel
contractors from the new submerged risk.
Research Objective no 3: To identify whether the modern
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Research Objective no. 3: To identify whether the modern
contract strategies such as collaboration and partnering arebeing practised in their contract.
Majority of respondents agreed that most questions under
the key questions of collaboration and partnering,Establishment and communication of conflict resolution
strategy; Commitment to win-win attitude; Regular
monitoring of partnering and collaboration process; Clear
definition of responsibilities; Mutual trust; Willingness to
eliminate non-value added activities; Early implementation of
partnering process; and Willingness to share resources among
project participants are happening in the contract that theyserved.
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Research Objective no. 3 (continued):
Collaboration and partnering are practised but not up tomaximum. It was not confirmed until what degree they have
been carried out.
A new contract strategy which includes collaboration andpartnering were practised but they were not properly
monitored.
5 3 Limitation
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5.3 Limitation
Insufficient sample size for the wide range of questionnaires.
Larger group results will be more accurate
Honesty of respondents. Some of the respondents might notbe truthful either they do not want to disappoint the client or
they actually do not understand the questions asked.
Respondents do not really understand or lack the knowledgeabout modern contract strategies that involve collaborationand partnering.
No tools in confirming whether these respondents really knew
what a bespoke contract is all about and fully understood the
form of contract which is currently used.
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5.4 Conclusion
Generally, the first second and third objectives are
totally depending on the answers given by therespondents. The findings to these objectives were
ac uired from the data athered and anal ses from
the survey questionnaires that were filled by therespondents that belong to the panel contractors of
a Natural Gas Provider.
5.5 Recommendation for Future Studies
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The study on panel contractor satisfaction can also be furtherdeepened such as to determine their level of satisfaction or
dissatisfaction.
On the partnering and collaboration, further study can beconducted in order to determine to what extent they were
practising and the success factors required in order to
improve them.
To widen the studies to include the clients representatives
but surely some modification to the questionnaires are
required in order to make them suitable for parties, the panel
contractors and the clients representative to answer. To widen the studies and to carry out studies/surveys among
the other Oil and Gas companies for comparison purposes.
5.5 Recommendation for Future Studies (cont.)
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A study to include the Telecommunication sector too. This isimportant as in the later stage comparisons not only can be
made among the companies in the same sector but also
between these two industries.
A study can be carried out to identify what are the factors that
dissatisfied the panel contractors and the measures required
to e ta en n or er to mprove t ese s tuat ons.
A study can also be carried out among the panel contractorswho are dissatisfied with the form of contract and the way
they were practises. This is to determine the reasons what
make these panel contractors are still in this industryespecially when this initial study had shown 70% of the
companies were in this business for 11 years or more but yet
majorities are undecided whether they are satisfied with the
way the contract is managed.
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Thank You