Identifying focus areas to decode the decision to litigate contractual disputes in construction

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Murali Jagannathan ◽  
Venkata Santosh Kumar Delhi

PurposeStrong and independent judiciary symbolizes transparency and impartiality in the dispute resolution process. However, litigation is often time-consuming and affects the working relationship between the disputants. In the construction context, where projects typically have a short life span of three to four years, dispute resolution through litigation induces unaffordable process delays. Despite the inherent challenges associated with litigation, it is observed that disputing parties resort to litigation. This behavior, called the litigation dilemma, ostensibly appears counterintuitive to rational decision-making.Design/methodology/approachThe study identifies 35 “decision to litigate” (DTL)-triggers from a review of the literature and court cases followed by expert interviews and groups them into thematic research domains using Exploratory Factor Analysis (EFA) followed by Confirmatory Factor Analysis (CFA).FindingsDTL studies in construction stands benefited through interdisciplinary research. “Presumptuous decision-making,” “construction project characteristics,” “milieu influence,” “interest in amicable resolution,” “positional focus” and “opportunism” are the six focus areas to decode the DTL in construction.Research limitations/implicationsThe study identifies factors that consolidate the knowledge from various fields with the substantive experience of construction professionals from across the world to help understand the dynamics behind the DTL in the context of contract-linked disputes in construction.Originality/valueThe findings from the domains of law, behavior, sociology and economics can help understand the above dilemma in the context of contractual disputes in construction. However, studies that explore the “decision to litigate” (DTL) contractual disputes in construction are limited, providing a vast scope for further research. The current study addresses a part of this gap.

2015 ◽  
Vol 4 (1) ◽  
pp. 85-109 ◽  
Author(s):  
Neha Verma ◽  
Santosh Rangnekar

Purpose – The purpose of this paper is to examine applicability of the general decision-making style (GDMS) inventory in India, using a sample of managers. In addition the authors identify various decision-making styles (DMS) of Indian managers and explore their association with respondents’ gender, age, education, experience level, annual income, sector, industry and organizational output. Design/methodology/approach – The sample consisted responses of 500 Indian managers from public (13 percent) and private (87 percent) sector organizations. The data were analyzed using exploratory factor analysis, confirmatory factor analysis, correlation analysis, regression analysis, independent sample t-tests and ANOVA. Findings – All decision-making sub scales (rational, intuitive, dependent, avoidant and spontaneous) had satisfactory reliabilities and internal consistencies. Results obtained factor structure that confirmed the original five-factor structure of GDMS. There were also mutual correlations among the styles. Moreover, there were significant differences in the DMS across respondents’ profile variables. Research limitations/implications – This research is based upon survey method and voluntary participation. Hence one can question generalization of findings to larger samples. Practical implications – Results provide insights into DMS of the Indian managers. Organizations may use GDMS as a selection tool, respondents may hone their DMS. Originality/value – A majority of researchers use survey without evaluating validity of the instruments in the selected context and sample. This research contributed to the literature and practice by testing validation of the GDMS inventory in India.


2014 ◽  
Vol 5 (2) ◽  
pp. 241-257 ◽  
Author(s):  
Fereshteh Lotfizadeh ◽  
Kambiz Heidarzadeh Hanzaee

Purpose – This paper aims to determine whether family structure influences decision-making styles (DMSs) of Iranian couples. Design/methodology/approach – A self-administered mall survey was conducted to discover the family structures and DMSs of Iranian couples. Data were randomly collected from a sample of 800 spouses in four big cities of Iran. Exploratory factor analysis (EFA), confirmatory factor analysis (CFA) and multivariate analysis of variance were used to examine proposed hypotheses. Findings – The EFA and CFA results show seven DMSs for Iranian couples. Also, the findings indicate family structure has a significant effect on DMS. In the other words, the results show a difference between DMSs of egalitarian and husband-dominated spouses. Research limitations/implications – One of the limitations of the study deals with product involvement, because consumer DMSs for each product category may vary. Also, children’s influences are not considered in this study, while gender/number of children may be particularly influential in family structure. Therefore, conclusions made from these findings may be limited to spouses with similar demographic characteristics. Originality/value – The present research identifies seven DMSs for Iranian couples. It also examines whether family structure is an effective factor for DMS of spouses.


2018 ◽  
Vol 9 (3) ◽  
pp. 560-577 ◽  
Author(s):  
Shahryar Mohsenin ◽  
Seyedamir Sharifsamet ◽  
Mohammad Rahim Esfidani ◽  
Lucas A. Skoufa

Purpose The purpose of this paper is to define and develop digital products market segments in Tehran based on consumers’ buying decision-making styles (CDS) and testing applicability of Sproles and Kendall’s model [consumer style inventory (CSI)] for this steady growing market in Tehran and contributing to theories of market segmentation. Design/methodology/approach This research used exploratory factor analysis (EFA) to explore and identify digital products shoppers CDS. In addition, to determine whether the selected items and factors loaded, measured the identified CDS correctly, confirmatory factor analysis (CFA) was used to substantiate the number of explored CDS. Then, cluster analysis was executed to pinpoint decision-making groups and demographic characteristics such as gender, marital status, age, education and digital shopping experience to profile the diagnosed clusters. Findings Five CDS were distinguished for digital products customers (four former styles and one new one’s named “Premeditated buying”) through EFA and CFA analysis as a tool for segmenting; four clusters are, namely, “Best Seekers”, “Premeditators”, “Innovation Seekers”, and “Price Insensitive”. Practical implications It will be beneficial to companies focussing on the Iranian digital market. This study identifies each cluster behaviour based on demographic data too. Originality/value This is the first study focussing on market segmentation using extracting digital products decision-making styles. As the new shopping style, “Premeditated buying”, has been explored from this analysis and due to the nature of digital products, this CDS has not been found in previous studies and is unique to Iranian digital products shoppers.


2019 ◽  
Vol 26 (2) ◽  
pp. 321-348 ◽  
Author(s):  
Sai On Cheung ◽  
Keyao Li

PurposeThis study aims to propose a framework of bias in construction project dispute resolution (CPDR hereafter).Design/methodology/approachWith 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.FindingsFour 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 implicationsFirst, 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/valueBias 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.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Xujia Wang ◽  
Billy Sung ◽  
Ian Phau

PurposeThe purpose of this study is to investigate how exclusivity and rarity (natural versus virtual) influence consumers' perceptions of luxury. Further, it examines whether exclusivity and rarity can function as distinct marketing strategies in today's luxury market environment.Design/methodology/approachOnline questionnaires were administered by adapting developed scales from prior research. Research stimuli were chosen from three luxury categories including bags, wine and cruise. Confirmatory factor analysis and multiple regressions were used to test the hypotheses.FindingsThe results confirmed that exclusivity, natural rarity and virtual rarity were perceived as relatively distinct constructs among our sample. Findings also highlighted that perceived natural rarity (PNR) has consistently emerged as a positive and significant contributor to consumers' perceptions of luxury across all three luxury categories. The influence of perceived exclusivity (PE) on perceptions of luxury has also shown to be significant for two product categories (luxury bag and luxury wine), whereas perceived virtual rarity (PVR) did not show any significant effects across all three categories.Practical implicationsThe results indicate that consumers perceive natural rarity, virtual rarity and exclusivity as relatively distinctive marketing strategies. This suggests that luxury businesses can adopt each strategy independently to achieve desired marketing outcomes.Originality/valueThis study offers theoretical support for the proposition that exclusivity and rarity may have different functions in luxury marketing implementations. It provides empirical evidence showing the distinctiveness of perceived exclusivity and perceived rarity, which have not be done in previous research.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Naval Garg ◽  
B.K. Punia ◽  
Vanshikha Kakkar ◽  
Sarika Kumari

Purpose Most of the studies in the field of homesickness are confined to students; this study aims to explore the feeling of homesickness among working professionals. Also, it tends to examine individual differences in the experience of homesickness across employees of different gender, ages, experience, family type, etc. The study also aspires to compare homesickness among military and civil employees. Design/methodology/approach The study explores five dimensions of homesickness, namely, missing family, missing friend, rumination about home, feeling lonely and adjustment problems. The collected data is subjected to reliability, validity and confirmatory factor analysis. Further, t-test and analysis of variance are used to explore homesickness differences across soldiers and corporate employees. Findings The study reveals that homesickness is significantly higher for employees in the male, unmarried, nuclear family, above the age of 45 years, and below the graduation category. Also, defense people experience more homesickness than civilian employees. Originality/value This study is one of the pioneer studies that compare homesickness among defense and civilian employees. Also, variables such as type of family, the experience of employees and marital status have hardly been explored in the literature of homesickness.


2018 ◽  
Vol 8 (4) ◽  
pp. 378-396 ◽  
Author(s):  
Alexander Lithopoulos ◽  
Peter A. Dacin ◽  
Tanya R. Berry ◽  
Guy Faulkner ◽  
Norm O’Reilly ◽  
...  

Purpose The brand equity pyramid is a theory that explains how people develop loyalty and an attachment to a brand. The purpose of this study is to test whether the predictions made by the theory hold when applied to the brand of ParticipACTION, a Canadian non-profit organization that promotes active living. A secondary objective was to test whether this theory predicted intentions to be more physically active. Design/methodology/approach A research agency conducted a cross-sectional, online brand health survey on behalf of ParticipACTION. Exploratory factor analysis and confirmatory factor analysis established the factor structure. Structural equation modeling was used to test the hypothesized model. Findings A nationally representative sample of Canadian adults (N = 1,191) completed the survey. Exploratory factor analysis and confirmatory factor analysis supported a hypothesized five-factor brand equity framework (i.e. brand identity, brand meaning, brand responses, brand resonance and intentions). A series of structural equation models also provided support for the hypothesized relationships between the variables. Practical implications Though preliminary, the results provide a guide for understanding the branding process in the activity-promotion context. The constructs identified as being influential in this process can be targeted by activity-promotion organizations to improve brand strength. A strong organizational brand could augment activity-promotion interventions. A strong brand may also help the organization better compete against other brands promoting messages that are antithetical to their own. Originality/value This is the first study to test the brand equity pyramid using an activity-promotion brand. Results demonstrate that the brand equity pyramid may be useful in this context.


2018 ◽  
Vol 26 (3) ◽  
pp. 146-163
Author(s):  
A.Yu. Razvaliaeva

We present the results of approbating the Decision Making Tendency Inventory (Misuraca et al., 2015) in the Russian sample (N=423, Mage= 25,01, SD = 9,63). The development of H. Simon’s satisficing theory in the current studies is considered. Confirmatory factor analysis confirmed the theoretical three-scale structure of the inventory. We describe the relations between maximizing, minimizing and satisficing scales and personal factors of decision-making, age, and education (its level and difficulty). The study demonstrates that maximizing and satisficing are close tendencies, implemented in case of making important effortful and resource-consuming (e.g., time-consuming) decisions, whereas minimizing is connected to withdrawal from effort and knowledge, avoidant strategies and ambiguity intolerance. The yielded results suggest that satisficing needs to be trained in conditions of high demands for the cognitive sphere such as studying in a higher education institution.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Wuyong Qian ◽  
Lizhen Wang ◽  
Jue Wang ◽  
Qianqian Chen

PurposeThe purpose of this study is to master the development process and the construction effectiveness of backbone circulation network in an all-round way, formulate regional logistics development planning as well as promote the development of logistics industry by scientifically evaluating the logistics development of node cities with a view to analyzing their spatial differentiation features.Design/methodology/approachIn this paper, an integrated evaluation model is constructed by adopting factor analysis, gray target decision-making model based on cone volume and other methods so as to evaluate the logistics development of node cities. The dimensionality of three-dimensional panel data is reduced by factor analysis at first. Then, the gray target decision-making method based on cone volume is adopted to evaluate the development of node cities, whose evaluation results are carried out through the clustering analysis. The clustering analysis is used to determine the development level of node cities and to extract the spatial differentiation features of node cities.FindingsThe results show that the proposed model can comprehensively evaluate the logistics level of node cities and clarify the overall logistics development and spatial differentiation of node cities, which could provide objective evidence for formulating national policies as well as promoting the balanced and coordinated development of regional logistics in China.Originality/valueThe paper succeeds in overcoming the disadvantages of existing methods assessing the logistics development level, such as principal component analysis and factor analysis, which are not applicable to panel data.


2015 ◽  
Vol 26 (1) ◽  
pp. 57-79 ◽  
Author(s):  
Giuliano Almeida Marodin ◽  
Tarcísio Abreu Saurin

Purpose – The purpose of this paper is twofold: to classify the risks that affect the lean production implementation (LPI) process, and to demonstrate how that classification can help to identify the relationships between the risks. Design/methodology/approach – Initially, a survey was conducted to identify the probability and impact of 14 risks in LPI, which had been identified based on a literature review. The sample comprised 57 respondents, from companies in the south of Brazil. An exploratory factor analysis was carried out to analyze the results of the survey, allowing the identification of three groups of risks in LPI. Then, a case study was conducted in one of the companies represented in the survey, in order to identify examples of relationships between the risks. Multiple sources of evidence were used in the case study, such as interviews, observations and documents analysis. Findings – The risks that affect LPI were grouped into three categories: management of the process of LPI, top and middle management support and shop floor involvement. A number of examples of relationships between the risks were identified. Research limitations/implications – The survey was limited to companies from the south of Brazil and therefore its results cannot be completelly generalized to other companies. Moreover, the results of the survey were not subjected to a confirmatory factor analysis. Originality/value – This study helps to improve the understanding of LPI, as: it re-interprets the factors, barriers and difficulties for LPI from the perspective of risk management, which had not been used for that purpose so far; it presents a classification of the risks that affect LPI, which can support the understanding of the relationships between the risks and, as a result, it can support the development of more effective methods for LPI.


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