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1 – 10 of 98Sai‐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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This study conceptualizes the equity gap (EG) in construction contracting and examines its impact on project performance.
Abstract
Purpose
This study conceptualizes the equity gap (EG) in construction contracting and examines its impact on project performance.
Design/methodology/approach
The identification of EG was first summarized from a literature review. A conceptual framework that included EG elements of information, risks, expected return and power asymmetry was then proposed. A study of the Hong Kong–Zhuhai–Macau Bridge supported the existence of EG. The framework was further refined by incorporation of 21 EG identifications. To examine the reliability of the framework, data were collected from 106 senior project professionals to evaluate the extent to which EG identification occurred in their projects. A Partial Least Square–Structural Equation Modeling (PLS-SEM hereafter) analysis was conducted on the collected data.
Findings
The proposed framework was deemed statistically significant. Furthermore, no significant differences were detected between the developer and contractor. The concepts of asset and process specificities suggested that the unaddressed EG may be met with retaliatory behaviors, such as noncooperation, procrastination, opportunism and withdrawal, as the physical works proceed. These behaviors may also hamper project performance.
Practical implications
To address the EG ex post, it is suggested that relational incentives to balance the power differential be set, reallocation of risks and return and enhancing task programmability for ease of monitoring and performance evaluation.
Originality/value
This study investigates the downside of the EG between the contracting parties. The proposed EG framework informs the project management of critical EG elements and possible methods to narrow the gap ex post. Practical suggestions are also provided to manage construction contracts in general and in the use of incentive schemes to address EG.
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Nan Cao and Sai On Cheung
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…
Abstract
Purpose
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.
Design/methodology/approach
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.
Findings
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.
Practical implications
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.
Originality/value
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.
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This study aims to propose a framework of bias in construction project dispute resolution (CPDR hereafter).
Abstract
Purpose
This study aims to propose a framework of bias in construction project dispute resolution (CPDR hereafter).
Design/methodology/approach
With reference to the literatures on effects of bias, manifestations of bias in CPDR were developed. Based on data obtained from construction professionals about their frequency of having these bias manifestations, the underlying constructs of biased behaviors were explored by a principal component factor analysis. A confirmatory factor analysis was further conducted to validate the framework of bias in CPDR.
Findings
Four types of bias were identified as the constructs that underlie biased behaviors in CPDR. These four biases were included in the bias framework proposed: preconception, self-affirmation, optimism and interest-oriented. The potency of these types of bias was also evaluated.
Practical implications
First, the findings inform that the existence of bias in CPDR is real. Early detection allows management to intervene and steer CPDR team back to rational courses. Second, this study suggests optimizing CPDR procedures to diminish the chance of bias occurring.
Originality/value
Bias is almost an uncharted area in CPDR. The study fills this research gap by conceptualizing the underlying constructs of biased behaviors. The findings inform construction professionals of the likelihood of practicing biased behaviors in CPDR. Repeated dispute decisions in the commonly used multi-tiered dispute resolution process would enable the creeping in of biases.
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Nan Liu, Rui Zhou, Ruoyu Jin, Qing Xiao and Zhipeng Hu
The purpose of this paper is to summarize the research of construction conflict from 1991 to 2020 and propose research directions for future scholarly work. During the recent…
Abstract
Purpose
The purpose of this paper is to summarize the research of construction conflict from 1991 to 2020 and propose research directions for future scholarly work. During the recent decades, it is widely accepted that construction conflict is inevitable, and conflict management has become an important component of project management. However, few works were done to map the global study in this field, there is limited review that evaluates the current stage of construction conflict research.
Design/methodology/approach
This study adopted a holistic literature review approach that incorporates bibliometric search and scientometric analysis. A total of 698 bibliographic records from the Web of Science core collection database were collected for the scientometric analysis. CiteSpace5.7 was adopted for the science mapping purpose in this study.
Findings
Through co-authorship analysis, co-word analysis and co-citation analysis, influential scholars and journals are identified. Several research trends are highlighted according to the scientometric analyses of the construction conflict topics. For example, the application of simulation and algorithms to the study of construction conflict management systems.
Practical implications
Construction is a resource-intensive, multi-participant and multi-targeted industry. Conflicts always exist in the whole life cycle of construction projects, it is important for industry practitioners to be updated of the latest movement and progress of the academic research.
Originality/value
This study contributed to the body of knowledge in construction conflict and bridge the research gap in the thorough review of previous research work.
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Qiuwen Ma, Sai On Cheung and Shan Li
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…
Abstract
Purpose
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.
Design/methodology/approach
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.
Findings
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.
Originality/value
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.
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Sai On Cheung, Peter S.P. Wong, Ada Y.S. Fung and W.V. Coffey
The purpose of this paper is to examine the use of bid information, including both price and non‐price factors in predicting the bidder's performance.
Abstract
Purpose
The purpose of this paper is to examine the use of bid information, including both price and non‐price factors in predicting the bidder's performance.
Design/methodology/approach
The practice of the industry was first reviewed. Data on bid evaluation and performance records of the successful bids were then obtained from the Hong Kong Housing Department, the largest housing provider in Hong Kong. This was followed by the development of a radial basis function (RBF) neural network based performance prediction model.
Findings
It is found that public clients are more conscientious and include non‐price factors in their bid evaluation equations. With the input variables used the information is available at the time of the bid and the output variable is the project performance score recorded during work in progress achieved by the successful bidder. It was found that past project performance score is the most sensitive input variable in predicting future performance.
Research limitations/implications
The paper shows the inadequacy of using price alone for bid award criterion. The need for a systemic performance evaluation is also highlighted, as this information is highly instrumental for subsequent bid evaluations. The caveat for this study is that the prediction model was developed based on data obtained from one single source.
Originality/value
The value of the paper is in the use of an RBF neural network as the prediction tool because it can model non‐linear function. This capability avoids tedious “trial and error” in deciding the number of hidden layers to be used in the network model.
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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.
Gustavo Cesário, Ricardo Lopes Cardoso and Renato Santos Aranha
This paper aims to analyse how the supreme audit institution (SAI) monitors related party transactions (RPTs) in the Brazilian public sector. It considers definitions and…
Abstract
Purpose
This paper aims to analyse how the supreme audit institution (SAI) monitors related party transactions (RPTs) in the Brazilian public sector. It considers definitions and disclosure policies of RPTs by international accounting and auditing standards and their evolution since 1980.
Design/methodology/approach
Based on archival research on international standards and using an interpretive approach, the authors investigated definitions and disclosure policies. Using a topic model based on latent Dirichlet allocation, the authors performed a content analysis on over 59,000 SAI decisions to assess how the SAI monitors RPTs.
Findings
The SAI investigates nepotism (a kind of RPT) and conflicts of interest up to eight times more frequently than related parties. Brazilian laws prevent nepotism and conflicts of interest, but not RPTs in general. Indeed, Brazilian public-sector accounting standards have not converged towards IPSAS 20, and ISSAI 1550 does not adjust auditing procedures to suit the public sector.
Research limitations/implications
The SAI follows a legalistic auditing approach, indicating a need for regulation of related public-sector parties to improve surveillance. In addition to Brazil, other code law countries might face similar circumstances.
Originality/value
Public-sector RPTs are an under-investigated field, calling for attention by academics and standard-setters. Text mining and latent Dirichlet allocation, while mature techniques, are underexplored in accounting and auditing studies. Additionally, the Python script created to analyse the audit reports is available at Mendeley Data and may be used to perform similar analyses with minor adaptations.
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This article investigates social history in Hong Kong and compares their community transformation with two Tin Hau temples in Hong Kong, namely the Sai Kung Tin Hau and Hip Tin…
Abstract
Purpose
This article investigates social history in Hong Kong and compares their community transformation with two Tin Hau temples in Hong Kong, namely the Sai Kung Tin Hau and Hip Tin Temple and Shaukiwan Tin Hau Old Temple.
Design/methodology/approach
The paper is conducts a historical comparison to evaluate the vitality of traditional regions in Hong Kong with particular attention to the extent and intensity of its religious practice.
Findings
The paper fills a gap in the literature by comprehensively investigating Chinese temple related societies and communities. Most previous studies of Chinese temples and their rituals have treated them in isolation from their political contexts, emphasizing topics such as iconography over details of temple communities and their relationships with other elements of the social structure.
Originality/value
The research works from the point of view how the religious situation reflects important social characteristics and transformation of Shaukiwan and Sai Kung which were contemporary urban communities.
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