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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.

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.

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.

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.

The construction industry is facing an enormous number of challenges due to continuous advancements in construction technologies and techniques. Hence, construction management theories have to confront critical newly issues concerning market globalization and construction innovations. The key factor to address these challenges is to ameliorate the competitive abilities of the competing construction firms. In this context, measuring competitiveness of construction firms is an efficacious approach to amplify their competitive growth and profitability. To this end, the purpose of this research paper is to design a three-tier multi-criteria decision making model for competitiveness assessment and benchmarking of construction companies, meanwhile tackling a wide range of essential factors and attributes that covers broad aspects of the present competitive market.

In the first tier, four new pillars (4P) of competitiveness assessment are introduced for construction firms, namely, organization performance, project performance, environment and client and innovation and development. These pillars are able to aid in construction firms’ management on both long and short term basis. Hence, 21 key competitive factors and eighty key competitive criteria are identified, incorporated and analyzed in this research study. The second tier encapsulates carrying out a questionnaire survey in the Canadian and Vietnamese market to garner two main sets of information. The first set of information incorporates responses of the pairwise comparisons between competitiveness factors and criteria. The second set involves gathering utility scores pertinent to each competitiveness criteria. The developed model then leverages the use of analytical hierarchy process to scrutinize the relative importance priorities of competitiveness factors and criteria. The third tier of the developed model encompasses the use of multi-attribute utility theory to compute competitiveness scores for construction companies through blending criteria’ relative importance weights alongside their respective utility functions. In addition, the third tier comprises conducting a sensitivity analysis to derive the most important criteria influencing the overall competitiveness of construction companies. The developed model is tested and validated using three case studies; one construction company from Canada and two construction companies from Vietnam.

Results demonstrated that the developed model has a potential to render a synthesized and methodical performance evaluation for the competitive ability of a given construction company. Furthermore, it was found that Vietnamese companies are more considerate towards pillars pertaining to environment and client while Canadian companies are more attentive towards innovation and development. The outcome of sensitivity analysis revealed that effectiveness of cost management highly affects the competitive ability of Vietnamese companies while effectiveness of cost management exhibits the most significant influence on the competitive of Canadian companies.

The developed model can benefit construction companies to understand their competitiveness in their market and diagnose their strengths and weaknesses. It is also can be useful in efficient utilization of their limited resources and development of sustainable and long-term strategic plans strategic plans, which consequently leads to maintaining better position in their dynamic business markets.

Literature review manifests that reported competitiveness assessment models and practices are not able to address present challenges, technologies and developments in construction market.

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.

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.

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”.

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.

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.

The construction industry is complex, human-intensive and driven by monetary values. Hence, disputes are widespread. Initial conflicts among parties may develop into a disastrous dispute that costs the project success and good relationships and affects stakeholders' expectations. There has been a focus on causes of construction-related disputes, and studies over the past three decades have attempted to identify a more comprehensive list of reasons for disputes. Some of these studies' limitations were geographical, project delivery methods and project types. The purpose of this study is to identify the most recent and conclusive list of causes of disputes based on current literature by undertaking a systematic literature review (SLR).

Considering the large number of studies that focused on causes of disputes, this study aims to develop a comprehensive list of causes, using a SLR, as it ensures that all previous articles in multiple databases are reviewed to produce a comprehensive outcome. A six-stage SLR was followed from background study to analysis and reporting.

Not surprisingly, the number of publications has increased over time, most from the Middle East region. The interconnected nature of the causes was widely emphasised. The SLR has produced eight common core causes of disputes. They are: poor contractual arrangements, employer-initiated scope changes, unforeseen site changes, poor contract understanding and administration, contractor’s quality of works, the inability of the contractor to achieve time targets, non- or delayed payments and poor quality of design. The majority of previous authors realised that disputes could be avoided by parties’ involvement during the early stages, avoiding being opportunistic and acting collaboratively.

Even though numerous studies have been carried out to identify the causes of disputes in the construction industry, none did a SLR. This study aggregates all the previous studies that focused on construction-related disputes systematically. Categorising causes based on the party primarily responsible help various stakeholders by providing a distinct list of factors to avoid that contribute to disputes.

Voluntary participation (VP) has been identified as one of the characterizing features of mediation. This study aims to examine the value of VP in construction dispute mediation from two perspectives. Firstly, is VP a prerequisite of successful construction mediation. Secondly, does power asymmetry (PA) between the contracting parties marginalize the value of VP in fostering the use of mediation to resolve construction disputes.

Constructs of VP, PA and prerequisites of successful mediation were first developed. Principal component factor analysis was performed on data collected from the construction dispute resolution community to explore the underlying structure of the constructs. The relationships between the constructs were tested by structural equation modelling.

VP is found to be an important attribute of successful mediation. PA is also found to be inherent in construction contracting. This study identified three forms of PA: Resource, Information and Expectation. Moreover, this study found no conclusive empirical evidence to support that PA would marginalize the value of VP in fostering an attempt to construction dispute mediation. It is suggested that VP shall remain one of characterizing features of mediation.

The users, mediators and the judiciary should be aware of the importance of VP in mediation, irrespective of the use of mediation is contractual or court-encouraged. Although the presence of PA between the disputing parties, through participating voluntarily and ensuring the mediation process is flexible and fair, the chance of achieving a settlement would be enhanced.

VP has been viewed as one of the fundamentals of mediation. This study empirically supported this design concept. Furthermore, PA in construction contracting can be expressed as disparities in resource, information and expectation. Their existence presents no significant barrier to attempt of mediation. The flexible approach of mediation has been instrumental in overcoming the paradox between VP and PA. This study affirms the positive value of VP in fostering the use of construction dispute mediation.

States have intervened with legislation to improve cashflow within construction project supply chains. The operation of the UK’s Housing Grants, Construction and Regeneration Act 1996 leads to payment obligations stated either as a contract administrator’s certificate (or equivalent) or an adjudicator’s decision. The purpose of the intervention would be defeated unless there are speedy ways of transforming these pieces of paper into real money. The combination of the legislation, contractual provisions and insolvency law has produced a minefield of complexity concerning enforcement of payment obligations stated in these documents. Unfortunately, the knowledge and understanding required to navigate these complexities have been sorely lacking. The purpose of this paper is to plug this gap.

Legal research methods and case study approaches, using relevant court decisions as data, were adopted.

The enforcement method advised by the court is the summary judgment procedure provided under the Civil Procedure Rules. An overdue payment obligation, either under the terms of a construction contract or an adjudicator’s decision, amounts to a debt that can be the subject of insolvency proceedings. Although the insolvency enforcement method has been successfully used on some occasions, using it purely as a debt collection weapon would be inappropriate and likely to be punished by the court.

The paper contributes to knowledge in two ways: (i) it maps out the factual situations in which these payment challenges arise in language accessible to the construction industry’s professions; and (ii) comparative analysis of payment enforcement methods to aid decision-making by parties to construction industry contracts. It is relevant to the other common-law jurisdictions in which similar statutory interventions have been made.

Construction projects commonly encounter complicated delay problems. Over the past few decades, numerous delay analysis methods (DAMs) have been developed. There is no consensus on whether existing DAMs effectively resolve delays, particularly in the case of complex concurrent delays. Thus, the primary objective of this study is to undertake a comprehensive and systematic literature review on concurrent delays, aiming to answer the following research question: Do existing delay analysis techniques deal with concurrent delays well?

This study conducts a comprehensive review of concurrent delays by both bibliometric and systematic analysis of research publications published between 1982 and 2022 in the Web of Science (WoS) and Scopus databases. For quantitative analysis, a bibliometric mapping tool, the VOSviewer, was employed to analyze 68 selected publications to explore the co-occurrence of keywords, co-authorship and direct citation. Additionally, we conducted a qualitative analysis to answer the targeted research question, identify academic knowledge gaps and explore potential research directions for solving the theoretical and practical problems of concurrent delays.

Concurrent delays are a critical aspect of delay claims. Despite DAMs developed by a limited number of research teams to tackle issues like concurrence, float consumption and the critical path in concurrent delay resolution, practitioners continue to face significant challenges. This study has successfully identified knowledge gaps in defining, identifying, analyzing and allocating liability for concurrent delays while offering promising directions for further research. These findings reveal the incompleteness of available DAMs for solving concurrent delays.

The outcomes of this study are highly beneficial for practitioners and researchers. For practitioners, the discussions on the resolution process of concurrent delays in terms of identification, analysis and apportionment enable them to proactively address concurrent delays and lay the groundwork for preventing and resolving such issues in their construction projects. For researchers, five research directions, including advanced DAMs capable of solving concurrent delays, are proposed for reference.

Existing research on DAMs lacks comprehensive coverage of concurrent delays. Through a scientometric review, it is evident that current DAMs do not deal with concurrent delays well. This review identifies critical knowledge gaps and offers insights into potential directions for future research.

Obtaining building permit certificate is an essential component of construction endeavors, but it can be cumbersome sometimes. The process is frequently beset with obstacles, including bureaucratic impediments, red-tapism, prolonged authorization protocols and insufficient inter-agency collaboration which result in project timeline extension, cost escalation and applicant dissatisfaction. Therefore, this study aims to examine customer satisfaction with the assessment of building construction permit certificates in Lalitpur, Nepal.

Following the notion of evaluation model theory, this study adopts an explanatory research design to determine the causal relationship between latent and observed variables. People who have recently completed the construction of their building and those people whose construction work is pending make up the population for the study. A total of 198 samples were collected by following the convenience sampling method from Lalitpur, Nepal. The primary data are collected by using the structured questionnaire with the interview process where the data are statistically evaluated using descriptive and inferential analysis using the KOBO toolbox, SPSS and AMOS. The connection between variables was examined using structural equation modeling (SEM).

Results indicate that the negligence of the employees, the attitude of the employees, the need for additional costs and the hiring of the agent are the most significant obstacles encountered by customers during the process of getting construction permit. Regarding the whole assessment system, the general population expresses displeasure. SEM results indicate that environment and quality are significantly related to customer satisfaction.

This paper's novelty lies in its Nepal-specific inquiry into the relationship between building permit acquisition procedures and customer contentment. The study provides a distinctive viewpoint on this context by combining evaluation model theory and SEM. The localized approach emphasizes the importance of customized strategies to improve customer satisfaction, adding to the current literature on the subject. The study's use of SEM as a quantitative analysis tool enhances its methodological rigor. This interdisciplinary research offers valuable insights for academics, practitioners and policymakers in Nepal and contributes to the wider field of construction and customer satisfaction.

The smart contract provides an opportunity to improve existing contract management practices in the construction projects by replacing traditional contracts. However, translating the contracts into computer languages is considered a major challenge which has not been investigated. Thus, it is necessary to: (1) identify the obstructing clauses in real-world contracts; and (2) analyze the replacement's technical and economic feasibility. This paper aims to discuss the aforementioned objectives.

This study identified the flexibility clauses of traditional contracts and their corresponding functions through inductive content analysis with representative standard contracts as materials. Through a speculative analysis in accordance to design science paradigm and new institutional economics, the economic and technical feasibility of existing approaches, including enumeration method, fuzzy algorithm, rough sets theory, machine learning and artificial intelligence, to transform respective clauses (functions) into executable codes are analyzed.

The clauses of semantic flexibility and structural flexibility are identified from the contracts. The transformation of semantic flexibility is economically and/or technically infeasible with existing methods and materials. But with more data as materials and methods of rough sets or machine learning, the transformation can be feasible. The transformation of structural flexibility is technically possible however economically unacceptable.

Given smart contracts' inability to provide the required flexibility for construction projects, smart contracts will be more effective in less relational contracts. For construction contracts, the combination of smart contracts and traditional contracts is recommended. In the long run, with the sharing or trading of data in the industry level and the integration of machine learning or artificial intelligence reducing relevant costs, the automation of contract management can be achieved.

This study contributes to the understanding of the smart contract's limitations in industry scenarios and its role in construction project management.

This study investigates the mediating role of wage and workforce adjustments, along with the moderating influence of collective bargaining system and employees’ localization, in elucidating the relationship between the COVID-19 shock and workplace employee relations (ER) tension.

Survey data from 1,483 enterprises across 21 prefectural cities in China’s Guangdong Province are collected. The hypotheses are tested by logistic regression.

The study reveals a positive correlation between the COVID-19 shock and workplace ER tension across crisis-hit enterprises, irrespective of their size or industrial sector. Wage reduction and mass layoffs emerge as significant mediators, while the collective bargaining system (CBS) and employees’ localization act as moderators.

The measurement of ER is limited in a single-item scale. Representation of China is also limited since the study exclusively focuses on Guangdong province. The study offers some contributions that firm-level data reveal the pathway through which COVID-19 creates ER tension.

On the one hand, the authors recommend the establishment of an effective communication system between employers and employees. On the other hand, managers should consider the role of informal institutions. Furthermore, the authors suggest implementing tailored strategies at the enterprise level.

Intense external shocks result in widespread layoffs and increased wage reductions within workplaces, and under such circumstances, formal or informal institutions may be insufficient to alleviate ER tension. In this case, the state authorities – including governments and other public agencies or bodies – are necessary to intervene in to organize tripartite dialogue.

While numerous emerging studies on COVID-19 explore how different countries manage industrial relations tension at the national level, few focus on ER at workplace level, particularly in developing countries. Understanding how workplace ER evolve during external shocks and identifying institutional measures to mitigate their negative impact is crucial for future crisis management.