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Article
Publication date: 17 June 2024

Valentine George Mruma Luvara and Moses Benjamin

Most construction projects are undertaken with the incentive of some form of profit which in business attracts disputes that key disputing parties intend to resolve through…

Abstract

Purpose

Most construction projects are undertaken with the incentive of some form of profit which in business attracts disputes that key disputing parties intend to resolve through mechanisms such as arbitration as early as possible so that they may advance with other activities associated with the project. However, this intention is regularly unfulfilled, disappointing the parties with late arbitration resolution. This study, therefore, explored the duration influencing factors (DIFs) facing arbitration practice in the Tanzania construction industry.

Design/methodology/approach

A concurrent convergence mixed methods approach was used where a total of 12 DIFs were identified from the literature, and data were then collected from 39 construction arbitrators, 8 semi-structured interviews and 4 documentary reviews. Descriptive and inferential statistics were employed for quantitative data and directed content analysis for the qualitative data.

Findings

Results show that contrary to most people’s convictions, delays in arbitration are regularly caused by the disputing parties rather than the arbitrating party or the authority. The study identified cooperation amongst the tribunal parties, poor accuracy and submission of documents and material evidences, late payment of arbitration fees, and skills, experience, reputation and profession of the arbitrator to be the most critical factors that cause late arbitration resolution.

Originality/value

The use of mixed methods concurrent triangulation convergence approach provides a unique contribution to knowledge by highlighting how the efficacy of arbitration in time performance could be further developed through understanding the critical factors that drive the proceedings duration in the Tanzania construction industry.

Details

International Journal of Building Pathology and Adaptation, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2398-4708

Keywords

Book part
Publication date: 26 September 2024

Jakob B Sørensen

In general, all differences between the Employer and the Contractor are firstly addressed by the Engineer, usually under Sub-Clause 3.7 [Agreement or Determination]; if the…

Abstract

In general, all differences between the Employer and the Contractor are firstly addressed by the Engineer, usually under Sub-Clause 3.7 [Agreement or Determination]; if the Parties have confidence in the Engineer’s capability to act fairly, many differences will be finally settled under the Sub-Clause 3.7 procedure. However, if either of the Parties is dissatisfied with a determination by the Engineer, a Notice of Dissatisfaction (a NOD, see Sub-Clause 1.1.57) can be filed; thereafter, either Party may proceed in accordance with Sub-Clause 21.4 [Obtaining DAAB’s Decision], see Sub-Clause 3.7.5 [Dissatisfaction with Engineer’s determination]. The dispute resolution procedure under the 2017 edition is outlined in Figure 20B. The first two Sub-Clauses of Clause 21 [Disputes and Arbitration] deal with the formation of the Dispute Avoidance/Adjudication Board (Sub-Clause 21.1 [Constitution of the DAAB]), including how to move forward with the DAAB if either of the Parties fail to appoint a member of the DAAB (Sub-Clause 21.2 [Failure to Appoint DAAB Member(s)]). Sub-Clause 21.3 [Avoidance of Disputes] describes the DAAB’s role in avoiding the escalation of any issues or disagreements into Disputes. Sub-Clause 21.4 [Obtaining DAAB’s Decision] outlines the procedure before the DAAB in respect of the resolution of Disputes. Sub-Clause 21.5 [Amicable Settlement] includes an invitation for the Parties to resolve disagreements about a decision from the DAAB amicably, while Sub-Clause 21.6 [Arbitration] provides the ultimate procedure for resolution of Disputes, arbitration. Sub-Clause 21.7 [Failure to Comply with DAAB’s Decision] entitles either Party to refer the failure of the other Party to comply with a decision from the DAAB. Finally, Sub-Clause 21.8 [No DAAB In Place] outlines the procedure to follow if no DAAB is in place when a Dispute arises (the Dispute may be referred directly to arbitration).

Details

FIDIC Yellow Book: A Companion to the 2017 Plant and Design-Build Contract, Revised Edition
Type: Book
ISBN: 978-1-83608-164-7

Keywords

Article
Publication date: 5 September 2024

Hee Man Park and Mark Gough

The prevalence of independent contractors in the US workforce is growing. This research examines the social environment and career outcomes of labor and employment arbitrators, a…

Abstract

Purpose

The prevalence of independent contractors in the US workforce is growing. This research examines the social environment and career outcomes of labor and employment arbitrators, a unique profession of high-skilled and high-status independent contractors who play a significant role in facilitating organizational justice. Previous research has focused on the employment relationships that independent contractors have with hiring organizations and the characteristics of individuals who become independent contractors; however, little attention has been given to how relational factors influence the career outcomes of high-skilled independent contractors or how such influences differ by gender. Building upon theories of social networks and unequal network returns (UNR), our study investigates the informal social relationships among arbitrators, the association between interpersonal relationship patterns and arbitrators’ career success, and how these associations vary based on gender.

Design/methodology/approach

A social network survey is used to collect the social networks, attitudes and fee information of 407 labor and employment arbitrators working in North America. A multi-level regression analysis was used to examine the proposed relationships among social networks, gender and career outcomes of the arbitrators.

Findings

We discovered that occupying a central position within advice networks is positively associated with occupational satisfaction. On the other hand, having strong ties is associated with achieving high employment arbitration fees. Notably, we found that the advantages of strong ties for arbitration fees are comparatively weak for female arbitrators relative to their male counterparts.

Originality/value

This research examines the relationship between social networks and career outcomes for independent contractors in the unique context of arbitrators. It further highlights inequalities experienced by female arbitrators in a male-dominated profession where their social networks offer fewer rewards relative to their male counterparts.

Details

Equality, Diversity and Inclusion: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 21 June 2024

Adamu Gayus Kasa, Matthew Egharevba and Ajibade Jegede

This paper aims to present the continuous Nigerian Government’s failure to protect the lives and property of its citizens against the incessant itinerant herders’ violence…

Abstract

Purpose

This paper aims to present the continuous Nigerian Government’s failure to protect the lives and property of its citizens against the incessant itinerant herders’ violence, despite its numerous programs in attempts to end the carnage. It sought also to examine the relationship between this government’s failure to meet its responsibility and the ineluctable self-defense mechanisms adopted by the people of Plateau State, Nigeria.

Design/methodology/approach

The research was both quantitative and qualitative. The study was conducted in four of the 17 Local Government Areas of the state: Bassa, Jos-south, Riyom and Barkin Ladi. A sample size of 400 was determined using Yamane Taro’s sampling size formula. Four hundred respondents were interviewed using a Google questionnaire (found at this link: https://forms.gle/tu96ZDwP85e8JsGu8). In this study, a total of seven key informant interviews and nine focus group discussions were conducted.

Findings

The finding revealed that most indigenous ethnic groups were dissatisfied with the government’s handling of the nomadic herders’ aggression. Therefore, 99.1% of Berom, 99.0% of Irigwe and 92.9% of other ethnicities argued that the government’s failure to protect them is a tacit permission for self-defense. On the contrary, 60.0% of the Fulani were satisfied with the government’s strategies in ending the aggression and 95.0% of them argued that the government’s failure to protect its citizens is not an implied permission for self-defense. It was also found that a relationship exists between the government’s lack of capacity to end the nomadic herders’ aggression and implied consent for self-defense in Plateau State, Nigeria.

Originality/value

This is a research paper that uses primary data. The findings are germane to ending the challenge of recurrent aggression of nomadic herders on other Nigerians. The study concludes that the government must live up to its responsibility of the protection of its citizens’ lives and property, failure to do so is an implicit permission to the citizens to defend themselves. It also recommended that the government should return displaced people to their communities.

Details

Safer Communities, vol. 23 no. 4
Type: Research Article
ISSN: 1757-8043

Keywords

Article
Publication date: 16 May 2024

Muhammad Ashraf Fauzi, Syed Radzi Rahamaddulla, Chia Kuang Lee, Zuraina Ali and Umi Nabila Alias

The purpose of this study is to review the work–life balance (WLB) among academics. Academics are the pillars of higher education institutions’ (HEIs) mission to provide quality…

Abstract

Purpose

The purpose of this study is to review the work–life balance (WLB) among academics. Academics are the pillars of higher education institutions’ (HEIs) mission to provide quality education to students and the community, supporting socioeconomic development. Most academics today are overworked and overburdened with duties, forcing them to work longer hours on weekends and at odd hours. This eventually affects their work–life balance and causes boundary conflicts between work and personal life.

Design/methodology/approach

This study proposes a bibliometric analysis to investigate the underlying knowledge structure of this phenomenon by uncovering the past and present themes and predicting future trends of WLB in academia. This review adopts two analyses (bibliographic coupling and co-word analysis), presenting the knowledge structure network. A total of 307 journal publications were retrieved from the Web of Science (WoS) database, revealing significant clusters and themes.

Findings

Findings identified central themes, including the issue of women in academia, predictors and the impact of WLB in academia.

Research limitations/implications

Implications towards research and practice relevant to scholars and practitioners are discussed, particularly in balancing academics, professional work and personal life.

Originality/value

This study presents a state-of-the-art bibliometric analysis by uncovering the knowledge structure of academics’ work–life balance in HEIs.

Details

International Journal of Workplace Health Management, vol. 17 no. 2
Type: Research Article
ISSN: 1753-8351

Keywords

Article
Publication date: 10 September 2024

Buse Un, Ercan Erdis, Serkan Aydınlı, Olcay Genc and Ozge Alboga

This study aims to develop a predictive model using machine learning techniques to forecast construction dispute outcomes, thereby minimizing economic and social losses and…

Abstract

Purpose

This study aims to develop a predictive model using machine learning techniques to forecast construction dispute outcomes, thereby minimizing economic and social losses and promoting amicable settlements between parties.

Design/methodology/approach

This study develops a novel conceptual model incorporating project characteristics, root causes, and underlying causes to predict construction dispute outcomes. Utilizing a dataset of arbitration cases in Türkiye, the model was tested using five machine learning algorithms namely Logistic Regression, Support Vector Machines, Decision Trees, K-Nearest Neighbors, and Random Forest in a Python environment. The performance of each algorithm was evaluated to identify the most accurate predictive model.

Findings

The analysis revealed that the Support Vector Machine algorithm achieved the highest prediction accuracy at 71.65%. Twelve significant variables were identified for the best model namely, work type, root causes, delays from a contractor, extension of time, different site conditions, poorly written contracts, unit price determination, penalties, price adjustment, acceptances, delay of schedule, and extra payment claims. The study’s results surpass some existing models in the literature, highlighting the model’s robustness and practical applicability in forecasting construction dispute outcomes.

Originality/value

This study is unique in its consideration of various contract, dispute, and project attributes to predict construction dispute outcomes using machine learning techniques. It uses a fact-based dataset of arbitration cases from Türkiye, providing a robust and practical predictive model applicable across different regions and project types. It advances the literature by comparing multiple machine learning algorithms to achieve the highest prediction accuracy and offering a comprehensive tool for proactive dispute management.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 1 July 2024

Qianqian Shi, Longyu Yao, Changwei Bi and Jianbo Zhu

The construction of megaprojects often involves substantial risks. While insurance plays an important role as a traditional risk transfer means, owners and insurance companies may…

Abstract

Purpose

The construction of megaprojects often involves substantial risks. While insurance plays an important role as a traditional risk transfer means, owners and insurance companies may still suffer huge losses during the risk management process. Therefore, considering the strong motivation of insurance companies to participate in the on-site risk management of megaprojects, this study aims to propose a collaborative incentive mechanism involving insurance companies, to optimize the risk management effect and reduce the risk of accidents in megaprojects.

Design/methodology/approach

Based on principal-agent theory, the research develops the static and dynamic incentive models for risk management in megaprojects, involving both the owner and insurance company. The study examines the primary factors influencing incentive efficiency. The results are numerically simulated with a validation case. Finally, the impact of parameter changes on the stakeholders' benefits is analyzed.

Findings

The results indicate that the dynamic incentive model is available to the achievement of a flexible mechanism to ensure the benefits of contractors while protecting the benefits of the owner and insurance company. Adjusting the incentive coefficients for owners and insurance companies within a specified range promotes the growth of benefits for all parties involved. The management cost and economic benefit allocation coefficients have a positive effect on the adjustment range of the incentive coefficient, which helps implement a more flexible dynamic incentive mechanism to motivate contractors to carry out risk management to reduce risk losses.

Originality/value

This study makes up for the absence of important stakeholders in risk management. Different from traditional megaproject risk management, this model uses insurance companies as bridges to break the island effect of risk management among multiple megaprojects. This study contributes to the body of knowledge by designing appropriate dynamic incentive mechanisms in megaproject risk management through insurance company participation, and provides practical implications to both owner and insurance company on incentive contract making, thus achieving better risk governance of megaprojects.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

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