Papers by Sintayehu Kebede
Heliyon, Oct 1, 2020
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Research Article , 2022
Construction contracts are susceptible to disputes as they regulate very complex multi-party rela... more Construction contracts are susceptible to disputes as they regulate very complex multi-party relationships. Previous studies not only fail to aptly outline the distinction between "conflict" and "dispute", but also fail to adequately study the causes of construction disputes in-light of project delivery systems. The present research aims at assessing the causes and settlement mechanisms of construction disputes in Design-Bid-Build (DBB) and Design-Build (DB) delivery systems with a view to add evidence to the existing knowledge. Accordingly, four most relevant causes of construction disputes identified from previous works of literature were incorporated in a questionnaire survey to determine their frequency of occurrence in the two delivery systems. The Relative Important Index (RII) of the four direct causes of construction disputes computed by SPSS software revealed that, in DBB contracts, the frequency of occurrence of disputable claims (unsettled claims for money/extension of time) has RII = 0.794969/0.777358, project delay has RII = 0.708176, and poor quality of work has RII = 0.469182. In DB contracts, the frequency of occurrence of disputable claims has RII = 0.533333/0.515723, project delay has RII = 0.495597, and poor quality of work has RII = 0.465409. The RII values proved that, DBB projects are significantly prone to disputes than DB projects. Furthermore, qualitative data obtained from road and building project reports exposed that DBB projects are exceedingly prone to disputes because they are frequently vulnerable to an increase in the volume of work due to frequent change orders and design deficiencies. The research further found out that, despite a clear proscription in the laws of the land, there is a routine out of court settlement of public construction disputes in Ethiopia.
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Heliyon, 2020
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Heliyon, 2021
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Heliyon, 2021
Time, money, and quality are the three basic criteria for measuring construction project efficien... more Time, money, and quality are the three basic criteria for measuring construction project efficiency. The Ethiopian construction sector in general and public work projects, in particular, are believed to suffer from inefficiencies despite their quantitative growth in recent years. Previous researches have made attempts to explore factors determining the efficiency of the sector such as the low capacity of contractors (both financial and equipment, shortage of skilled human resource on technical, managerial, and entrepreneurial skills, etc…), the poor performances of the supply chain, inflation in the economy and so on. However, process and system-based challenges of the sector resulting from the existing legal frameworks governing the sector such as the modes of delivery of projects (modes of contracting) have not been a subject of extensive study. In this study, doctrinal and non-doctrinal legal research methods are employed to explore project delivery system(s) recognized in Ethiopia's public work contract laws and appraise their efficiency in terms of ensuring prompt completion of public construction projects. The doctrinal aspect of the research exposed that, despite an implied recognition of Design-Build (DB) and its variant forms of project delivery system, the country's public work contract laws set up Design-Bid-Build (DBB) as a default mode of contracting. Besides, the result from a survey questionnaire of 158 respondents which was computed by using Research Package for Social Sciences (SPSS) to generate the Relative Importance Index (RII) of each mode of contracting corroborated by primary data derived from the completion and status report of 40 road and 9 building projects, shows that even though construction project time overrun (delay) often happens in both routes of contracting, the magnitude of such inefficiency is greater in public projects of DBB than DB delivery mode.
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Construction Law, 2020
Construction time overrun is one of the common inefficiencies of public construction projects in ... more Construction time overrun is one of the common inefficiencies of public construction projects in Ethiopia. Laws and standard construction contracts stipulate different legal remedies against project time overrun. This paper is meant to unravel these legal remedies and their application to construction project time overrun in public construction projects in Ethiopia. To this end, the magnitude of time overrun, its common causes, and the practical implementation of legal remedies against it is exposed through literature review, primary data obtained from 18 roads and 10 public building projects, and interviews of 10 key informants. The result showed, although time is not the essence of construction contract in international standard conditions of contracts, it is a fundamental obligation the breach of which would give rise to termination of the contract under the laws and standard conditions of contracts applicable to public works in Ethiopia. However, the paper established that the practical implantation of these legal remedies against time overrun in public construction projects is very erratic although time overrun is a rampant challenge of the construction industry of the country in general and public construction projects in particular.
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Journal of Law and Policy Studies, 2020
The application of the concept of economic efficiency to legal
profession emerged with the develo... more The application of the concept of economic efficiency to legal
profession emerged with the development of the law and
economics movement few decades ago. Even though law has been
functioning for centuries, the question of its economic efficiency
has intensively been used since the 1960s which largely is believed
to be the time when the movement came in to existence. Economic
analysis of law refers to the study of the role of economics in the
formation of legal policy and more, it is the study of laws using
assumptions and methodologies of economics. Economic efficiency
which is a concept discussed at the heart of economic analysis of
law is a very fluid concept to fully grasp but it can crudely be
stated as the maximization of “utility” or “welfare” (or “wealth”
in the words of Richard A. Posner) in a world of finite resources.
Thus, efficient law is one which maximizes welfare (or “wealth”)
through a successful realization of intent of the law maker. In this
paper, the writer employs a doctrinal legal research method to
analyze the value of economic efficiency from the perspective of
competition and consumer protection laws. The paper treats
trademark law as part and parcel of antitrust (competition and
consumer protection) laws and argues that its interpretation
before courts of law or any organ with judicial authority should
comply with its efficiency objectives.
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Journal Article, 2016
The Civil Code of the Empire of Ethiopia 1960 (here after Civil Code) does not provide definition... more The Civil Code of the Empire of Ethiopia 1960 (here after Civil Code) does not provide definition of mortgage. I assume that this is probably because the lawmaker acknowledged that the definition for mortgage might differ based on the contextual usage of the term. When we say "Mortgage", we may be referring to the juridical act, or the property that is furnished as a security or the right of the creditor on the security. Mortgage as a juridical act has distinct validity requirements though varying based on its sources. Out of these validity requirements, this work emphasizes on the requirement of authentication and witnesses which are both relevant for conventional mortgage. Authentication as a validity requirement regarding some contracts concerning immovable properties including mortgage was first affirmed by the Federal Supreme Court Cassation Bench decision on file number 21448. The Cassation bench while rendering this decision built its reasoning on the Amharic version of Article 1723 of the Civil Code. Subsequent rulings of the bench at least by majority vote of the judges were also in line with similar precedent although in some of the rulings dissenting opinion against interpretation of the majority was expressed. Latest decisions on the other hand are against these precedents and from the reading of several related cases, it is very difficult to either consider authentication as a validity requirement or not. Likewise, regarding the requirement of witnesses concerning contracts which have to be made in writing including conventional mortgage, the law being clear on the effect of non-fulfillment of witnesses' requirement and decisions of the bench affirming the same, latest precedents are against the laws and the benches' own prior interpretations. Therefore, this work is aimed at unravelling these inconsistencies in the existing precedents and provides valuable observation for subsequent decisions based on a meticulous legal analysis.
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Papers by Sintayehu Kebede
profession emerged with the development of the law and
economics movement few decades ago. Even though law has been
functioning for centuries, the question of its economic efficiency
has intensively been used since the 1960s which largely is believed
to be the time when the movement came in to existence. Economic
analysis of law refers to the study of the role of economics in the
formation of legal policy and more, it is the study of laws using
assumptions and methodologies of economics. Economic efficiency
which is a concept discussed at the heart of economic analysis of
law is a very fluid concept to fully grasp but it can crudely be
stated as the maximization of “utility” or “welfare” (or “wealth”
in the words of Richard A. Posner) in a world of finite resources.
Thus, efficient law is one which maximizes welfare (or “wealth”)
through a successful realization of intent of the law maker. In this
paper, the writer employs a doctrinal legal research method to
analyze the value of economic efficiency from the perspective of
competition and consumer protection laws. The paper treats
trademark law as part and parcel of antitrust (competition and
consumer protection) laws and argues that its interpretation
before courts of law or any organ with judicial authority should
comply with its efficiency objectives.
profession emerged with the development of the law and
economics movement few decades ago. Even though law has been
functioning for centuries, the question of its economic efficiency
has intensively been used since the 1960s which largely is believed
to be the time when the movement came in to existence. Economic
analysis of law refers to the study of the role of economics in the
formation of legal policy and more, it is the study of laws using
assumptions and methodologies of economics. Economic efficiency
which is a concept discussed at the heart of economic analysis of
law is a very fluid concept to fully grasp but it can crudely be
stated as the maximization of “utility” or “welfare” (or “wealth”
in the words of Richard A. Posner) in a world of finite resources.
Thus, efficient law is one which maximizes welfare (or “wealth”)
through a successful realization of intent of the law maker. In this
paper, the writer employs a doctrinal legal research method to
analyze the value of economic efficiency from the perspective of
competition and consumer protection laws. The paper treats
trademark law as part and parcel of antitrust (competition and
consumer protection) laws and argues that its interpretation
before courts of law or any organ with judicial authority should
comply with its efficiency objectives.