ABSTRACT

In construction, much of the research on disputes has focused on the prevention, management, causation and resolution of contractual disputes. This paper aims to further the understanding of construction dispute by discussing one of its root causes-speculation. Speculative claims are seldom defined, although its happening seems quite common. This study aims to conceptualize speculative claims that fall outside the governance of contract provision. Complexity and contingencies, preclude a construction project be tendered with a fully completed contract document. As such, changes and variations during construction stage are unavoidable. In addition, self-interest has been identified as one of the motivating forces behind commercial transactions. Unrestrained self-interest seeking behavior can easily be exercised opportunistically. Furthermore, Bac (1993) observed that opportunistic behavior is also linked with contract incompleteness.