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1 – 10 of over 8000Murali Jagannathan, Vijayeta Malla, Venkata Santosh Kumar Delhi and Venkatesan Renganaidu
The dispute resolution process in the construction industry is known for delays in settlement, with some cases even escalating to complex arbitration and litigation. To avoid…
Abstract
Purpose
The dispute resolution process in the construction industry is known for delays in settlement, with some cases even escalating to complex arbitration and litigation. To avoid conflicts turning into disputes, the parties need to be proactive in identifying and resolving conflicts in their nascent stages. It is here that innovative lean construction practices can potentially act as a game-changer to avoid disputes, and this study aims to attempt to understand this phenomenon empirically.
Design/methodology/approach
A questionnaire-based empirical study, followed by semi-structured interviews, is conducted to understand the relevance of key tenets of lean principles in dispute avoidance.
Findings
Although stakeholders agree on the usefulness and practicality of lean principles in dispute avoidance, the extent of agreement is lesser when it comes to its implementation practicality. Moreover, there is a demographic influence observed on lean tenets such as “open communication”, “stakeholder collaboration” and “constraint identification”.
Practical implications
The results point towards an approach that combines contractual mandate, training and awareness creation to iron out the differences in the usefulness and practicality of lean approaches to avoid disputes.
Originality/value
Lean implementation is widely discussed in many construction contexts, such as sustainability, productivity improvement and planning. However, a discussion on lean philosophy’s role in dispute avoidance is muted. Therefore, this study assumes significance.
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Sai‐On Cheung, S. Thomas Ng, Ka‐Chi Lam and Wing‐Sang Sin
Unresolved construction dispute can be detrimental to project success. A systematic method to evaluate the seriousness of construction dispute of a construction project will…
Abstract
Unresolved construction dispute can be detrimental to project success. A systematic method to evaluate the seriousness of construction dispute of a construction project will assist management to take appropriate corrective actions. Evaluation of construction disputes requires an analysis on both the likelihood of occurrence and its impact, which are normally expressed by practitioners in linguistic terms. The application of classical discrete analysis will not be able to accommodate the fuzzy nature of this information. To determine how fuzzy sets theory can be applied to construction disputes evaluation (CDE), a fuzzy CDE model has been developed based on the knowledge extracted from practitioners in Hong Kong. The fuzzy CDE system consists of four components: dispute identification, dispute analysis; dispute evaluation; and dispute control. This paper describes the framework and operation of the fuzzy CDE system developed. The results indicate that CDE can be modelled by the fuzzy sets theory.
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Helena Syna Desivilya and Dafna Eizen
The current study focused on intra‐group conflict by attempting to elucidate individual and situational factors underlying choices along two dimensions of conflict management…
Abstract
The current study focused on intra‐group conflict by attempting to elucidate individual and situational factors underlying choices along two dimensions of conflict management patterns: engagement versus avoidance and constructive versus destructive. In the study, the role of two types of self‐efficacy (global and social) among group members was investigated, as was the sense of group identification in team dispute resolution preferences modes. Sixty‐seven members of volunteer community service communes in the Israeli Scouting youth movement, 48 females and 19 males, representing 13 intact teams, participated in the study. Self‐report structured questionnaires (previously used and adapted for this study) served as research instruments. Both global self‐efficacy and group identification independently predicted the conflict engagement‐destructive pattern of domination. Social self‐efficacy served as the sole predictor of the preference to manage intra‐team conflict by means of integrating—the engagement‐constructive mode. In contrast, the choice of compromising was also fostered by the joint contribution of social self‐efficacy and group‐identification, beyond the direct effect of social self‐efficacy. The study corroborates the assumption that conflict management patterns within an intact team are related to dispositional variables on the individual level, i.e., global and social self‐efficacy, and to the team‐related variable of group identification.
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Peter Love, Peter Davis, Joanne Ellis and Sai On Cheung
While a considerable amount of knowledge has been accumulated about dispute causation, disputes continue to prevail and disharmonise the process of construction with considerable…
Abstract
Purpose
While a considerable amount of knowledge has been accumulated about dispute causation, disputes continue to prevail and disharmonise the process of construction with considerable cost. This paper seeks to identify the underlying pathogens that clients and contractors perceive to contribute to disputes in construction projects. The identification of pathogens can provide an ameliorated understanding of the origin of disputes and therefore enable their prevention.
Design/methodology/approach
Case law and focus groups with a client and contracting organisation from Western Australia are used to determine the pathogens of disputes.
Findings
Analysis of the case law findings revealed that the underlying issues that were brought to litigation were to do with points of law, namely “civil procedure”. A significant number of disputes are thus settled using alternative dispute resolution methods such as adjudication, arbitration and mediation. For clients the underlying latent conditions that resulted in a dispute were due to the nature of the task being performed (e.g. failure to detect and correct errors) and those arising from people's deliberate practices (e.g. failure to oblige by contractual requirements). For the contractor focus group the circumstances arising from the situation or environment the project was operating in were identified as the main underlying latent condition for disputes (e.g. unforeseen scope changes).
Research limitations/implications
Focus groups are only undertaken with clients and contracting groups as they were identified as the main parties involved in dispute during the analysis of litigation cases within Western Australia. Input from consultants and subcontractors may provide a more balanced perspective as to the perceived causes and costs of disputes.
Originality/value
The research has been able to provide the initial building blocks for understanding the underlying pathogens contributing to disputes. However, more empirical research is required before conclusive findings can be made, particularly with regard to the influences on subcontractors.
Lucy Cradduck and Clive M.J. Warren
The purpose of this paper is to add to the academic discourse by developing a methodology by which a block of land’s goodwill, or lack of goodwill, can be factored into its…
Abstract
Purpose
The purpose of this paper is to add to the academic discourse by developing a methodology by which a block of land’s goodwill, or lack of goodwill, can be factored into its valuation.
Design/methodology/approach
The research was undertaken utilising a mixed-methods approach, which involved doctrinal research, together with qualitative and quantitative analysis of the impact of neighbourhood disputes on real property value. The disputes engaged with for exemplar purposes were those of tree disputes resolved by QCAT order.
Findings
A dispute can adversely affect a property’s goodwill, which can impact both its saleability and value.
Research limitations/implications
Due to the sensitive nature of the valuation process and the potential negative impact that any identification of a property may have on its value, it was not appropriate to identify any properties specifically or the area in which these are located. Further, as regards the available details of disputes, the authors were only able to engage with disputes for which an order existed.
Practical implications
The methodology developed can be applied to other real property interests, for example, lots in freehold retirement village complexes or those within other strata title schemes of either residential or commercial use.
Social implications
As the number of neighbourhood disputes throughout Australia grows, addressing the impact that a dispute has for property value is a concern relevant to all valuers and owners.
Originality/value
The authors add to the academic discourse by developing a methodology by which a property’s goodwill, or lack of goodwill, can be factored into its valuation.
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The purpose of this paper is to: distinguish dispute factors from dispute categories, terms generally used interchangeably in the literature; compose consistent and comprehensive…
Abstract
Purpose
The purpose of this paper is to: distinguish dispute factors from dispute categories, terms generally used interchangeably in the literature; compose consistent and comprehensive lists of dispute factors and categories; and identify the impacts of various dispute factors through empirical analysis of the associations between dispute factors and categories.
Design/methodology/approach
In total, 50 construction projects in Turkey (each with a contract amount of 1 million USD or over) were investigated and analysed employing a specially developed dispute research survey form and through interviews with the project managers.
Findings
Specific suggestions have been developed for various stakeholders of construction projects, building upon the associations revealed by the correlation analysis. These suggestions relate to the following issues; for employers: contractor selection (experience and technical capability), avoiding variations and punctual instructions; for consultants: preparation of project documents; for contractors: project selection and approach to conflicts; for project managers: defining the project scope, punctual instructions and use of ADR methods; for all stakeholders: project duration, unfamiliarity with local conditions, adversarial approach in handling conflicts and communication problems.
Originality/value
This paper suggests an improvement to dispute terminology by differentiating between dispute factors and categories, and identifies the relations between these factors and categories by an empirical study. The results of this research can help practitioners and academicians by providing insights on the dynamics of dispute occurrence. An increased awareness of dispute factors and their specific impacts can allow practitioners to discern and identify the associated risks and endeavour to avoid certain practices, and thus eventually contribute to reducing disputes in the construction projects.
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Peipei Wang, Peter Fenn and Kun Wang
This paper aims to devise a case-controlled method combined with Bradford Hill criteria for causal inference of contractual disputes in construction projects. It is a genuine…
Abstract
Purpose
This paper aims to devise a case-controlled method combined with Bradford Hill criteria for causal inference of contractual disputes in construction projects. It is a genuine attempt in a systematic method from research design to execution for causal issues where only observational data is available.
Design/methodology/approach
The authors located insufficient top management support as the putative pathogen of construction disputes based on a literature review, an interview and Delphi surveys. A questionnaire survey was then conducted to collect case-controlled data to ensure comparability, in which for each disputed project put in the experimental group, the authors sought for a dispute-free project of similar characteristics. The incidence rates of insufficient top management support in the experimental and control groups were then examined by Bradford Hill criteria as an alternative to the test of intervention effect.
Findings
The association of insufficient top management support and construction disputes was tested to conform with the Bradford Hill criteria with case-controlled data where applicable and logical deduction where statistical tests were not applicable. With a clear, positive, reasonable and statistically significant association, while excluding methodological biases, confounding and chance, the authors reached a causal verdict of insufficient top management support causing contractual disputes.
Originality/value
This paper supports the validity of applying a case-controlled method combined with Bradford Hill criteria in investigating causal issues in project management, especially the verdict of causal inference based on empirical data. In addition, the located root cause of contractual disputes could inform project management personnel with reasoned strategies for dispute avoidance.
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Taha Elhag, Smitha Eapen and Tabarak Ballal
Following the global financial crisis in 2008, the construction sector in UAE has been facing emergent criticisms for growing adversarial culture and rising prevalent claims and…
Abstract
Purpose
Following the global financial crisis in 2008, the construction sector in UAE has been facing emergent criticisms for growing adversarial culture and rising prevalent claims and disputes between stakeholders. The complex, large size and fast track nature of construction projects in UAE, make project management very challenging under the commonly used traditional procurement routes. This paper aims to examine whether implementing collaborative procurement approaches can facilitate resolving the escalating number of claims and disputes in the UAE construction industry.
Design/methodology/approach
Considering the nature of the study, a quantitative method was selected to realize the research objectives. The questionnaire was uploaded using an online survey facility and distributed through e-mails and professional networks. The questionnaire was piloted with experts to assess whether the questions are unambiguous, easy to respond and intelligible. The feedback received was mostly positive with few comments and recommendations. The pilot responses were incorporated and the questionnaire was modified before the final sending out. The questionnaire survey consisted of six main sections to fulfill the research objectives.
Findings
Around three-quarters of the experts believe that the relationship is adversarial, with a lack of trust, win-lose attitude, with dismissive and opportunistic behavior. The survey reveals that the top causes of claims and disputes comprise the following: variations because clients initiated change requests; contractors selection on low bid only rather than including quality and performance considerations; and unfair risk allocation where majority of risks are transferred to contractors. The findings also identify eight collaborative practices, which have crucial positive impacts such as early identification of problems, better communication and enhanced trust and teamwork.
Originality/value
This research contributes to the enhancement of the management of claims and disputes for construction projects, which encompasses the following: the key characteristics of collaborative arrangements to improve the adversarial construction culture comprise: mutual respect, openness, fairness and non-opportunistic behaviors; the foremost roles of collaborative procurement in reducing claims and disputes embrace: early identification and resolution of problems, enhanced trust and teamwork spirit, improved relationships and better quality communication; the major practical barriers of implementing collaborative approaches incorporate: lack of awareness of their benefits, primitive legal framework of partnering arrangements and lack of transparency in procurement processes.
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Asli Pelin Gurgun and Kerim Koc
Contract incompleteness with deficiency, inconsistency, defectiveness, and ambiguity in contract clauses, which can cause misunderstandings and misinterpretations, may result with…
Abstract
Purpose
Contract incompleteness with deficiency, inconsistency, defectiveness, and ambiguity in contract clauses, which can cause misunderstandings and misinterpretations, may result with disputes in projects. This study aims to investigate contract incompleteness factors with a hybrid fuzzy multi-criteria decision approach.
Design/methodology/approach
Contract incompleteness factors were ranked by fuzzy VIKOR (Visekriterijumska Optimizacija I Kompromisno Resenje) method, and the most significant factors were subjected to fuzzy decision-making trial and evaluation laboratory (DEMATEL) to examine their causal relationships. The study is not limited to ranking the identified factors solely, since their cause-effect interactions are also essential for proper risk management in construction projects.
Findings
Hybrid use of multi-criteria analysis reveals that ambiguity in enforceability including excessive demands and significant amendments in the scope of works are the top two causal contract incompleteness factors, while lack of implementation details and focus of focal point, and insufficient supporting and technical documents are the most affected ones.
Originality/value
Contractual causes of disputes due to contract incompleteness factors other than requirements of the contracts have been rarely investigated in the literature. The research is one of the first studies in the literature investigating the causal relationship among factors in construction contracts, which might lead to project disputes. Findings are expected to improve contract drafting, eventually contributing to effective risk management in construction projects.
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While a considerable amount of research has been conducted on construction disputes, disputes remain prevalent in the construction industry and have still been a crucial problem…
Abstract
Purpose
While a considerable amount of research has been conducted on construction disputes, disputes remain prevalent in the construction industry and have still been a crucial problem in the Turkish construction industry as well. The purpose of this paper is to explore the perceptions of different stakeholders on key factors that contribute to construction disputes by adopting a qualitative approach.
Design/methodology/approach
The qualitative approach adopted for the study provided gathering in-depth and rich information about the topic. To explore the phenomenon in-depth information, semi-structured interviews were conducted. A total of 38 interviews were conducted among experts and practitioners who engaged in construction disputes.
Findings
Content analysis of interview data resulted in the emergence of varying categories relevant to the problems which result in construction disputes. By grouping related themes into main categories, the analysis yielded five major ones: clarity of the contract form, errors in contract documents, payments, changes, delays and not granting extension of time.
Research limitations/implications
The major limitations are having interviewees from one country and results limited to the Turkish construction industry.
Practical implications
The findings provide insight on the factors contributing to construction disputes as perceived by different stakeholders, which should provide guidance to determine the associated risks for dispute occurrence, make effort to mitigate disputes once they happen, take proper precautions for minimizing the effects and after all make a significant contribution in the successful accomplishment of completed construction projects.
Originality/value
The findings of the study contribute to a deeper understanding of the factors contributing to construction disputes through a qualitative approach which is limited in the related literature. Although the qualitative exploration only focuses on the Turkish construction industry, the study has added significantly to the body of knowledge within the subject area.
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