Search results

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.

The Singapore construction sector is promoting performance improvement by implementing collaborative contracting (CC). For CC's successful implementation, there is a need to sieve out the critical success factors (CSFs). Hence, this paper aims to explore factors influencing the adoption of CC and investigate the potential performance improvement by implementing CC.

Based on the literature review, 23 CSFs were identified and packaged to a questionnaire to evaluate the CSF's priority as well as CC's potential impact on the project performance. After prior validation, 165 potential respondents were drawn from survey list by using simple random sampling. Finally, 31 valid responses were received.

The survey result showed that the top five CSFs are mutual trust, all parties to commit fully, openness between parties, commitment to a win–win attitude and resource availability. The majority of respondents hold that CC implementation would improve overall project performance, decision effectiveness, cost, time, quality and risk performance.

Directors, project managers, contractor managers and site engineers have different perceptions of CSFs. Also rather than meeting the same requirements in the implementation of CC, there are differences among projects with different values.

This study provides an in-depth understanding of the CSFs for industry practitioners adopting CC and CC's potential impact on project performance. This study is also helpful for authorities to formulate effective policies to push the implementation of CC.

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.

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.

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.

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.

This study aims to examine the mutual influence of causes of variation orders (VOs), claims/disputes (CDs) on project performance (PP) and stakeholder performance (SP).

Firstly, this study identifies the VOs, the CDs, criteria for measuring the PP and criteria for measuring the SP. Then, a survey questionnaire is created to collect data from stakeholders in construction projects. Using the factor analysis method, this study discovers the constructs of the VOs, CDs, PP and SP. The relationships among the constructs are then uncovered using a structural equation model.

The research findings confirm that the VOs and CDs have a direct effect on the PP, as well as the PP’s effect on SP, whereas the VOs and CDs have no effect on the SP. It is strongly recommended that critical factors such as poor management, construction method change, design/scope problems, uncontrollable objective problems, impediment problems, lack of commitment among parties and lack of experience and competence of parties should be given special attention to improve the SP.

The results of the study fill the gap in knowledge by examining the mutual influence of the VOs, the CDs, the PP and the SP. Discovering the mutual influence will assist managers in improving the PP and the SP.

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.

Over the last three decades, construction projects have increasingly been delivered through alternative delivery methods. As a result, many owners have a range of delivery methods to choose from and aim to use the right one for each of their projects. Researchers have developed several tools and decision-support processes to facilitate this selection procedure. The purpose of this study is to review and discuss differences and common themes across selection tools developed by academic researchers and project owners.

The study reviews prominent selection processes and tools used for infrastructure projects by conducting an in-depth literature review and using the content analysis method to elicit findings on the methodologies and criteria presented in the literature.

This study presents three principal findings. First, findings show three common themes emerge within the selection criteria—characteristics, goals and risks. Second, while academic studies most commonly suggest employing multi-attribute analysis, this study reveals that, in practice, selection tools most frequently employ a staged or gated evaluation based on the type of criteria and their importance to the decision. Finally, this review further highlights the importance of institutional context in decision-making.

This work contributes to the body of knowledge by providing guidance to practitioners and opening new directions for researchers around the way selection criteria are categorized in the relevant literature and the institutional context considerations when structuring or evaluating a selection process or tool.

The workforce management model conceptualised for the effective management of the construction workforce was subjected to expert scrutiny to determine the suitability and applicability of the identified practices and their attributed variables to the construction industry. In achieving this, a Delphi approach was adopted using experts from construction organisations in South Africa. These experts comprised workforce management personnel and construction professionals in senior management positions. The data were analysed using appropriate statistical tools such as interquartile deviation, Kendell’s coefficient of concordance, and chi square to determine consensus among these experts. After a two-round Delphi, the seven constructs proposed in the conceptualised workforce management model were adjudged to be important and worthy of adoption by construction organisations seeking to improve workforce management in the current fourth industrial revolution era.

Integrated project delivery (IPD) project that does not use multiparty agreement is identified as IPD-ish. The use of IPD-ish arrangement by incorporating integration practices in conventional contract can be viewed as the part of the adoption process of IPD. Moreover, inappropriate integration practices invite new forms of risks and the absence of multiparty agreement adds to the challenges of risk management in IPD-ish projects. This study discusses such challenges and proposes the use of joint risk management to address the potential pitfalls in IPD-ish arrangement.

A mixed research method was applied. First, the criticality of IPD-ish general and integration-specific risks was examined through a survey. Second, a real IPD-ish project was used to exemplify the use of joint risk management (JRM) to manage IPD-ish risks.

Two types of risks, namely integration risks (IRs) and general risks (GRs), are identified in IPD-ish projects. Two major findings for the IRs: (1) the most critical IRs are related to unbalanced incentivization and inefficient multidisciplinary teams; and (2) only team formation related pre-contract JRM strategies affect IRs. As for the GRs, the most critical ones are associated with design issues and can be effectively mitigated by post-contract JRM.

Using IPD-ish arrangement is an inevitable part of implementation of full IPD. This happens as many change-averse owners would like to test the integration principles using a conventional contract that they are familiar with. In fact, success in IPD-ish would pave the path for further adoption of IPD. This study offers insight into categorization of risks in IPD-ish projects. Appropriate use of post-contract and organization related pre-contract JRM would improve the chance of teasing out the values of IPD through IPD-ish arrangements. Care should be taken to introduce some contracting integration initiatives, such as risk/reward sharing incentive.

Public–private partnerships (PPPs) are notoriously prone to disputes among stakeholders, some of which may unduly jeopardize contract performance. Contract disputes arising in Iran are often due to inefficiency of PPP concession agreements and practice. This study presents a causal-predictive model of the root causes and preventive measures for inter-organization disputes to enhance the likelihood of achieving desirable performance in PPP projects.

A theoretical “causal-predictive” model was developed with fourteen hypotheses based on extant literature and contractual agency theory, which resulted in the creation of a pool of 110 published items. Data were obtained from a questionnaire survey with 75 valid responses, completed by 4 stratified groups of Iranian PPP experts. Partial least square structural equation modeling (PLS-SEM) was used for validating the proposed model via a case study.

Results reveal that the main three factors of PPP desirable performance are as follows: on-time project completion, high quality of activities/products and services for public satisfaction. Further, the most influential factors of the lifecycle problems, construction stage, and preferred risk allocation included risk misallocation, improper payment mechanism and failure to facilitate a timely approval process.

For researchers, the findings contribute to the theory of contractual agency; specifically, how different influences among the model's elements lead to better PPP performance. In practical terms, proposed outcome-based strategies will inform PPP stakeholders to avoid dispute occurrence and thus improve the time, quality and services of projects.

Studies showed that digital technology applications in the construction industry are low, especially in many developing nations. Construction incentivisation (CI) is one of the long-standing principles adopted to enhance project performance. There is a paucity of studies concerning CI to improve digital technology applications. Thus, this research investigated the relevance and perceived hindrances that may hinder the implementation of CI from promoting digital technologies and proffer ways to improve digital technology applications in the construction sector.

In Nigeria’s context, this research is exploratory. Twenty-four semi-structured virtual interviews were conducted in Lagos and Abuja, Nigeria, with knowledgeable participants that indicated interest and were interviewed. The engaged interviewees were drawn from government agencies, academicians in construction consultancy, Internet and communication technology experts, construction contracting firms and construction consulting firms. The collected data were coded and analysed through a thematic method.

Digitalisation of the industry via CI may face some hindrances. The perceived issues that may hinder CI implementation were classified into most severe, severe and fairly severe in Nigeria’s construction industry context. Findings proffer feasible policy solutions that can mitigate these issues and improve digital technology applications in the industry via the CI.

This study covered the relevance and perceived issues that may hinder the implementation of the CI to improve digital technology applications in the industry. Also, the study proffers policy solutions to enhance digital technology applications in the industry via the CI concept.

Findings from this research will support and offer a valuable understanding of the relevance of the “incentivisation concept” to improve digital technology applications in the Nigerian-built environment. Other developing countries with low applications of digital technology in construction may consider the suggested policy solutions from this research. Also, this study will stir policymakers and construction practitioners to support policies tailored towards improving digital technology applications in construction.

This research contributes by exploring the effectiveness of the CI concept and informing construction practitioners and policymakers on how to improve digital technology applications in the Nigerian construction industry.