Search results

Disputes are now considered endemic in the construction industry. They often arise from the poor resolution of claims in the course of construction projects. Efforts have been geared towards reducing the incidence of claims. These efforts are of two kinds: those that seek answers from basic principles and legal issues at the pre‐construction phase and those that attempt to solve the problems through claims management procedures at the construction phase. This paper reviews the developments in claims management and highlights the deficiencies in current claims management approaches. It focuses on the need for improvement of the efficiency of claims negotiation and suggests the use of multiagent systems as an approach to achieve it. The potential benefits of the suggested approach are discussed in the concluding section of the paper.

The purpose of this paper was to investigate the factors affecting the claim negotiations in Iranian oil and gas construction projects. The findings of this paper give better understanding of claim negotiations in Iranian oil and gas projects.

The research methodology for this study involved the use of Delphi technique, conducted with non-Iranian stakeholders being involved in Iranian oil and gas construction projects more than five years and determined the major factors, affecting claims negotiations. Subsequently, factors’ weightings were derived using analytic hierarchy process (AHP).

In total, 13 affecting factors identified in three categories of: external, cultural and personal behavioral. Finally, the weights of factors were identified.

This research was conducted in the context of Iranian oil and gas projects. This industry has high standards and its employees are well chosen and have frequent in job training. All these affect the organization, working and people’s culture and behavior compared to other sectors of construction business. Therefore, the results of this research are specific to the oil and gas industry.

The findings of this paper can be considered as a practical guide for dealing with Iranian counterparts during claims negotiations to ensure amicable settlement. Also, it is useful for Iranian stakeholders to have better understanding of concerns of non-Iranian stakeholders.

The paper is the original work of the authors, and to the best of the authors’ knowledge, this paper has for the first time introduced the factors affecting claims negotiations. The findings of this paper provide useful insight into effective claims negotiations of Iranian oil and gas projects.

During the past few years, only a limited number of construction projects in Palestine were completed on time; indeed many of these projects had been delayed for reasons believed to be outside the control of both the contractors and owners. Such delays have given rise to many claims and conflicts. The aim of this paper is to investigate this widespread phenomenon, and its associated problems, from the perspective of the local contractors.

The paper reports on a questionnaire‐based research investigation targeting local contractors with a focus on critical problems associated with the process of claim management, starting with claim identification, through to claim notification, examination, documentation, presentation, and negotiation.

The paper presents the survey results and main findings which indicate that: lack of site staff awareness to proactively detect claims, inaccessibility or unavailability of relevant documents, and conflicts arising during owner/contractor negotiation are all critical problems associated with the process of claim management.

The outcome of this research will assist local contractors in understanding the critical problems associated with the process of claim management; thus minimizing the number of, and cost associated with, claims and conflicts.

The purpose of this article is to analyze how learning occurs in inter-organizational online communities, despite highly diverse even conflicting knowledge claims among participants.

We compared two inter-organizational communities in the domain of development aid through inductive qualitative case study.

We found that diverse communities proved more likely to yield conflicting knowledge claims in terms of expertise, value consensus and formal position. However, they were also better positioned for enabling mutual learning, than communities with a more uniform representation.

We provide theoretical insights for knowledge management by showing how the negotiation of knowledge claims facilitates mutual learning in inter-organizational online communities.

The findings are practically relevant for managers of knowledge-intensive organizations by showing how knowledge is shared in diverse online communities. The research also shows that the recognized challenges which diverse communities can yield are likely to be outweighed by their benefits: enabling mutual learning, generating useful expertise and a stronger negotiating position.

The paper conceives of a development approach that is more inclusive of non-dominant perspectives and solutions in decision-making processes, contributing to improved participation of marginalized people in decision-making processes.

We add a new dimension to knowledge management literature, showing how conflict and learning can be a mutually reinforcing process. Contrary to prior knowledge-based views, we found that a diverse community, with a higher concentration of conflicting knowledge claims, facilitated mutual learning more adeptly than a more uniform community. This is important for knowledge management theory and practice because it shows how inter-organizational communities can benefit from heterogeneity, and how conflict can enable and even strengthen mutual learning.

Reviews problems arising with insurance in respect to the very high incidence of retail fires, with arson a major cause. Retailers must be aware of policy requirements and minimize damage without starting remedial work. Inadequately prepared claims are a problem and retailers need to assess their loss and prepare claims properly, difficult when estimating consequential loss. Claims preparation and negotiation with adjusters, forensic scientists and accountants employed by the insurer may be assisted by the retailer using a professional loss assessor who will also advise on reorganizational requirements. The aim is to restore the retailer′s business in the shortest possible time.

Value appropriation is a central, yet neglected aspect in business exchange research. The purpose of the paper is to generate an overview of research on active value appropriation in business exchange and provide the foundation for further research into value appropriation, as well as some initial guidance for managers.

Literatures investigating value appropriation were identified by the means of a systematic review of the overall management literature.

The authors provide an overview and comparison of the literatures and find that they apply diverse understandings of the value appropriation process and emphasize different mechanisms and outcomes of value appropriation.

Based on the literature comparison and discussion, in combination with inspiration from alternative business exchange literature, the authors propose four areas with high potential for future research into value appropriation: network position effects, appropriation acts and behaviors, buyer-seller relationship effects, and appropriation over time.

Boundary spanning managers acting in industrial markets must master the difficult balance between value creation and appropriation. This review has provided an overview of the many managerial options for value appropriation and created knowledge on the effects of the various appropriation mechanisms enabling managers to secure company rents while not jeopardizing value creation.

To the authors' knowledge, this paper represents the first attempt at reviewing the management literature on value appropriation in business exchange. The authors provide overview, details, comparisons, and frame a research agenda as a first step towards establishing value appropriation as a key phenomenon in business exchange research.

Claim formation is a fact and a regular occurrence in construction industry projects and often leads to a waste of money and time for organizations. Organizations can, however, reduce and control claims by promoting an integrated claim management system and improving productivity in the results of the claims. Establishing a claim management office is one of the ways to help organizations achieve this.

Based on library research, expert opinion and analysis of organizations' contracts as case studies and identifying the root causes of the claim, this paper proposes a claim management office maturity model and determines its levels.

This paper proposes a claim management office maturity model and also determines its levels. The general structure of this model is based on three parameters: “characteristics of each level,” “requirements of each level” and “transition period of each level” in five levels, where the first level is the most basic level and level five is the highest level of the implementation of a claim management office in the organization.

It can be clearly emphasized that this research is one of the first research studies that has dealt with the issue of claim management office in the construction industry and has proposed the model of maturity and development of claim management office in the organization. The use of numerous and experienced experts in achieving the results and case organizations to develop this research has increased the value and credibility of this research. This study also helps to improve the level of claim management in construction industry organizations so that these organizations can implement each level of claim management maturity model in the organization according to their competence and need for claim management. And by implementing it correctly, solve or reduce the problems of claim management in the organization and their projects.

The learning ability on critical bargaining information contributes to accelerating construction claim negotiations in the win-win situation. The purpose of this paper is to study how to apply Zeuthen strategy and Bayesian learning to simulate the dynamic bargaining process of claim negotiations with the consideration of discount factor and risk attitude.

The authors first adopted certainty equivalent method and curve fitting to build a party’s own curve utility function. Taking the opponent’s bottom line as the learning goal, the authors introduced Bayesian learning to refine former predicted linear utility function of the opponent according to every new counteroffer. Both parties’ utility functions were revised by taking discount factors into consideration. Accordingly, the authors developed a bilateral learning model in construction claim negotiations based on Zeuthen strategy.

The consistency of Zeuthen strategy and the Nash bargaining solution model guarantees the effectiveness of the bilateral learning model. Moreover, the illustrative example verifies the feasibility of this model.

As the authors developed the bilateral learning model by mathematical deduction, scholars are expected to collect empirical cases and compare actual solutions and model solutions in order to modify the model in future studies.

Negotiators could refer to this model to make offers dynamically, which is favorable for the parties to reach an agreement quickly and to avoid the escalation of claims into disputes.

The proposed model provides a supplement to the existing studies on dynamic construction claim negotiations.

In the debate on rural development, contract farming (CF) is pointed out as a mechanism that reduces constraints on farmers' access to resources and improves farmers' welfare. However, the role of intermediaries' power in farmers' contracting decisions has not been investigated thoroughly. Considering that intermediaries' power affects farmers' businesses, livelihoods, risk and profit sharing, it becomes imperative to understand its effects on contracting decisions. Thus, the purpose of this paper is to investigate the dimensions over which intermediaries exercise the power they hold over farmers and how these power dimensions influence farmers' participation in CF.

A survey was conducted in the leading Albanian MAP production region, Malësi e Madhe, with 168 sage producers interviewed using a structured questionnaire. Exploratory factor analysis (EFA) is employed to develop measures for the latent variables of the study (e.g. intermediaries' power), and a logit regression is used to assess CF determinants.

The study finds that intermediaries exercise their power over different dimensions of farmers' activities, namely profit margin and activities related to product quality. The results point out that intermediaries' exercised power over farmers' margins and product quality-related activities decreased farmers' likelihood to engage in CF. On the other hand, a farmer's commitment to the intermediary and investment in specific assets increased the likelihood of participation. Furthermore, the analysis shows that CF does not leave small farmers out of high-value agricultural commodity chains (HVAC) for highly labour-intensive crops.

The analysis focuses only on one sector with export orientation. Generalisation to other sectors is limited due to the specific features of the MAPs value chain.

The paper expands the debate on CF by adding the concept of intermediaries' power and its different dimensions of influence on farmers' participation in CF.

The medium negotiators choose for communication will influence both process and outcome. To understand how medium influences power expression, this paper aims to compare value claiming by asymmetrically powerful negotiators, using face-to-face and computer-mediated messaging across two studies. Following up on long-standing conjectures from prominent coalition researchers, the authors also directly tested the role of the apex negotiator's personality in coalition formation and value expropriation.

The authors conducted two laboratory experiments which manipulated communication medium (computer-mediated vs face-to-face) in three- and four-person bargaining. They also varied asymmetry of power so the apex negotiator either could not be left out of a winning coalition (Study 1) or could be (Study 2). The authors measured trait assertiveness along with multiple indicators of hard bargaining behavior.

Communicating using instant messages via a computer interface facilitated value claiming for powerful negotiators across both studies. Trait assertiveness correlated with hard bargaining behavior in both studies. An index of hard bargaining behavior mediated the effect of assertiveness on value expropriation but only in the context where the powerful negotiator held a genuine monopoly over coalitions.

The authors contribute to the literature on multiparty negotiations by demonstrating persistent media effects on power utilization and by finally confirming the conjectures of prominent coalition researchers regarding personality. Though personality traits generate consistent effects on behavior, their influence on negotiation outcomes depends on the power structure. Negotiation theory needs to incorporate structural and situational factors in modelling effects of enduring traits. Negotiation research should move beyond a rigid focus on dyads.