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

Ting, Sim Nee and Lee, Yee Yong and Mohd Nur-Faiz, Haris (2025) Discerning the Disparity between Stipulated Contractual Payment Procedures and Payment Practices among Contractors. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 17 (1). pp. 1-16. ISSN 1943-4170

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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.

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