A Study of the Efficacy of Standard Form Contracts in Managing Construction Risk in Nigeria

Standard form contracts are the primary risk management instrument in construction procurement, yet their efficacy in the Nigerian legal, institutional, and project environment has not been critically assessed at a doctoral level. This study examines the efficacy of standard form contracts in managing construction risk in Nigeria, comparing the performance of the JCT, FIDIC, NEC, and NIQS standard forms across different project types and zones. A critical realist paradigm underpins a mixed-method design combining legal and contract document analysis, a national survey of 240 quantity surveyors and lawyers, and longitudinal performance data from 50 projects using different contract forms. Comparative textual analysis, chi-square testing, and regression analysis were applied. Findings demonstrate significant gaps between the risk management intentions of standard forms and their practical efficacy in Nigeria, driven by low contractual literacy among parties, poor contract administration, selective clause enforcement, and institutional weaknesses in dispute resolution. FIDIC contracts demonstrate relatively better risk management outcomes in oil and gas contexts, while NEC contracts perform well on government building projects with engaged professional teams. The Nigerian NIQS form is found to be outdated in several risk allocation provisions relative to current project realities. An efficacy enhancement model for standard form contracts in the Nigerian context is developed and validated. This research makes an original comparative and critical contribution to construction contract law and risk management scholarship. Keywords: standard form contracts, construction risk, Nigeria, contract administration, comparative analysis