COMPARISION OF ALTERNATIVE CONSTRUCTION DISPUTE RESOLUTION MEASURES

2020 ◽  
Vol 7 (2) ◽  
Author(s):  
Ulrike Quapp ◽  
Klaus Holschemacher
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Construction Projects ◽  
Legal Aspects ◽  
Construction Process ◽  
Legal Proceedings ◽  
Advantages And Disadvantages ◽  
Industry Practice

Construction projects often are particularly susceptible to conflicts due to their long-term character and complexity. In Germany, courts must deal with around 100,000 construction dispute litigations per year. Alternative Dispute Resolution (ADR) can be an alternative to expensive as well as time-consuming litigation and can help to relieve the judicial system. Furthermore, ADR may contribute to the satisfying settlement of a dispute between parties involved in the construction process and thus help to reach construction projects’ completion on time and within budget. Often, ADR mechanisms such as adjudication, mediation, and conciliation will be used. The paper analyzes the development of ADR in Germany in conjunction with European legal aspects. With special reference to the construction industry practice in Germany, various ADR measures and their advantages and disadvantages, as well as the current situation, will be explained. The authors conclude that, although ADR in Germany has experienced an upswing since the 1990s, it is used only to a small extent for settling disputes in construction projects. An increased knowledge about the advantages and disadvantages of different ADR measures in the construction industry would lead to more frequent uses of ADR. That, and a clever and detailed contract design, which helps to avoid conflicts basing on unclear contract contents, could save money and relieve the courts from time-consuming legal proceedings.

scholarly journals A comprehensive review of disputes prevention and resolution in construction projects

2019 ◽  
Vol 270 ◽  
pp. 05012 ◽  
Author(s):  
Wesam S. Alaloul ◽  
Mohammed W. Hasaniyah ◽  
Bassam A. Tayeh
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Traditional Method ◽  
Construction Projects ◽  
Construction Project ◽  
Comprehensive Review ◽  
Step Process ◽  
Advantages And Disadvantages ◽  
General Step

The construction industry is complex, fragmented, dynamic and involves many parties in an adversarial relationship. This makes disputes almost inevitable in any construction project. This paper aims to provide a comprehensive review of the adopted methodologies in resolving disputes that arise in the construction projects. The paper evaluates and classifies the different methods of disputes resolution. A comparison was conducted between the advantages and disadvantages of each method. The paper distinguishes between the traditional method of disputes resolution; litigation and Alternative Dispute Resolution (ADR) methods such as arbitration, mediation, med/arb, mini-trial and dispute review board. In conclusion there is no best way to solve all kind of disputes in construction projects, however, a general step by step process of how disputes should be addressed is finally presented.

MEDIATION TACTICS AND EFFECTIVENESS IN DISPUTE RESOLUTION

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Mohammad Hasan Senan ◽  
Nadine Alzaghrini ◽  
Issam Srour
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Construction Projects ◽  
Third Party ◽  
Integrative Approach ◽  
Construction Process ◽  
Time Cost ◽  
Effective Implementation ◽  
Degree Of Control

Dispute occurrence on construction projects is almost inevitable. If not addressed adequately, disputes can cause contract termination and loss of benefits for all parties involved. Among various dispute resolution methods, mediation is gaining popularity in the construction industry as it satisfies the desired degree of control of both parties among other factors (e.g., time, cost). Mediation is a cooperative problem-solving method that benefits from the expertise of a neutral third party known as the mediator. Well-defined tactics such as creating trust atmosphere, tackling the core of dispute, and using advanced integrative approach for solution determination are essential to reduce the gap between disputants and ensure effective discussions. The aim of this paper is two-fold. First, it investigates common mediator tactics and relates them to the likelihood of having a successful mediation. The San-Ramos Channel case study is used to illustrate the efficiency of mediator tactics. Second, this paper takes a closer look into the use of mediation in Lebanon as an example of a country with minimal regulations on mediation. Barriers for an effective implementation of mediation such as the role and the influence of the engineer on the construction process and the mediator’s lack of technical expertise are discussed and recommendations are derived.

scholarly journals Ventajas y Desventajas de la Conciliación en la Resolución de Conflictos – Sobre Reparación del Daño al Medio Ambiente

2016 ◽  
Vol 03 (03) ◽  
pp. 111-139
Author(s):  
Angelina Isabel Valenzuela Rendón
Keyword(s):  
Sustainable Development ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Sustainable Development Goals ◽  
Environmental Damage ◽  
The Sustainable Development ◽  
Advantages And Disadvantages ◽  
The Pacific ◽  
Environmental Damages ◽  
Development Goals

En el presente trabajo se exponen diversas ventajas y desventajas propias del medio alterno de solución de conflictos conocido como conciliación, esto a fin de dilucidar si se trata de un mecanismo adecuado para resolver controversias sobre reparación de daño causado al medio ambiente, lo que se realizará mediante la técnica metodológica cartesiana. Se observa que la conciliación es una forma de acceder a la justicia, adicional al proceso tradicional; además de que a través del procedimiento conciliatorio se fomenta la resolución pacífica de las disputas. Finalmente, se concluye que los pros de la conciliación tienen mayor peso que los contras. Por lo tanto, proponer el procedimiento conciliatorio significa ofrecer una alternativa de un mecanismo pertinente cuando se resuelven controversias sobre reparación del daño al medio ambiente; todo esto coadyuvando al logro de los Objetivos de Desarrollo del Milenio. In this research, different distinct advantages and disadvantages of the alternative dispute resolution known as conciliation are exposed. Through the Cartesian method, this presentation helps establish if conciliation is an adequate way to resolve disputes regarding reparation of environmental damage. Conciliation is a means to access justice, in addition to the traditional trial; furthermore, conciliation encourages the pacific resolution of disputes. Finally, it is concluded that the advantages of conciliation weigh more heavily than its disadvantages. Therefore, conciliation is a pertinent option to solve disputes regarding reparation of environmental damages, in order to achieve the Sustainable Development Goals.

scholarly journals Application of Quality Assessment System in Sudanese Construction Industry

2021 ◽  
Vol 9 (3) ◽  
pp. 52-57
Author(s):  
Yasir Mohamed Hassan Amin ◽  
Mohamed Abdulla Nugdalla Ahmedi
Keyword(s):  
Literature Review ◽  
Quality Assessment ◽  
Construction Industry ◽  
Construction Projects ◽  
Assessment System ◽  
Construction Process ◽  
Standard Score ◽  
Factors Affecting ◽  
Assessment Systems ◽  
Main Factors

Quality management is considered one of the most important obstacles facing the construction industry in Sudan. The application of a quality assessment system contributes to the development of quality in projects as it is possible to measure the quality in projects. This paper aims to introduce one of the quality assessment systems, which is the system followed and applied in the Singapore (CONQUAS). This system assesses quality based on structural, architectural, mechanical and electrical work. The paper also aims to study the factors affecting the application of the quality assessment system in Sudan. The study is carried out in the region of Khartoum. The study is focusing on the construction projects. The study is carried out by questionnaires and other literature review. The respondents are consultants and contractors. The data has been distributed and analyzed by using the Average Index. From the study it was found that CONQUAS standard is assessed the building based on workmanship standards by the assessors from the BCA on site using standard score sheets. The assessment is done throughout the construction process for structural, mechanical and electrical works, and from questionnaire results the main factors affect construction industry in Sudan is lack of standardization in Sudan. The author recommended that more study shall be conducted to identify factors affecting quality in Sudanese construction industry and how to improve the quality.  

Causes of delays in construction industry and comparative delay analysis techniques with SCL protocol

2018 ◽  
Vol 25 (4) ◽  
pp. 497-533 ◽  
Author(s):  
Parvaneh Shahsavand ◽  
Akbar Marefat ◽  
Majid Parchamijalal
Keyword(s):  
Construction Industry ◽  
Construction Projects ◽  
Delay Analysis ◽  
Relative Importance ◽  
Project Schedule ◽  
Content Type ◽  
Advantages And Disadvantages ◽  
Construction Law ◽  
Delay Claims ◽  
Causes Of Delays

Purpose The purpose of this paper is to reveal the main causes of delays in the projects are from the client (relative importance index (RII)=0.716), labor and equipment (RII=0.701) and contractor (RII=0.698). Hence determining the contractual responsibility of delay is the most likely source of dispute in construction projects and many techniques have been used in the courts to demonstrate the criticalities of a delay event on the project schedule. Therefore, authors try to investigate all process-based techniques of delay claims and evaluated and conformed them with principles by Society of Construction Law (SCL) protocol and Association for the Advancement of Cost Engineering International (AACEI) in order to choose the best techniques based on the specific circumstances of each project. Design/methodology/approach This section is divided into two distinct parts: refers to the methods used to assess the perceptions of clients, consultants, and contractors on the relative importance of causes of delay in construction industry; and refers to advantages and disadvantages of various techniques used to analyze delays and their conform with SCL protocol. A questionnaire was developed to assess the perceptions of clients, consultants, and contractors on the relative importance of causes of delay in Iranian construction industry. The respondents were asked to indicate their response category on 78 well-recognized construction delay factors identified by authors. Findings In total, 78 causes of delay were identified through research. The identified causes are combined into seven groups. The field survey included 58 contractors, 55 consultants, and 62 client. Data collected were analyzed by RII and Statistical Package for Social Sciences (SPSS). The authors identified main causes of delay and ten most important causes, according to Table AII, from the perspective of three major groups of participants (clients, consultants and contractors). The ranking of categories of causes of delay, according to Table I, were: client-related causes (RII=0.716); labor and equipment category causes (RII=0.701); contractor-related causes (RII=0.698); material-related causes (RII=0.690); design-related causes (RII=0.666); external causes (RII=0.662); and consultant-related causes (RII=0.662). But according to the discussions and given that determining the contractual responsibility of delay is the most likely source of dispute in construction industry and many techniques have been used in the courts to demonstrate the criticalities of a delay event on the project schedule. Originality/value All process-based techniques of delay analysis have been present in this paper and categorized in 11 groups. In order to understand the advantages and disadvantages of them by clients, contractor and consultant, a thorough review conducted to reveal the nature of techniques. In the next step, given that selecting the most appropriate technique based on constraints and specific conditions of each project is one of the most important steps to carry out a successful delay analysis. The authors conformed, all process-based techniques of delay analysis, by SCL protocol and AACEI principles. Finally, the result of this match was brought in order to choose the best technique based on the specific circumstances of each project.

scholarly journals The method of iterative use of the ABC-XYZ analysis in the construction industry

2019 ◽  
Vol 110 ◽  
pp. 01073 ◽  
Author(s):  
Alexander Konikov
Keyword(s):  
Construction Industry ◽  
Construction Projects ◽  
Digital Filtering ◽  
Energy Industry ◽  
Complex Task ◽  
Computer Tools ◽  
Advantages And Disadvantages ◽  
Design Objects ◽  
Conventional Computer ◽  
Big Data Technology

The issue of marketing in the construction industry has always remained relevant. Indeed, it is not easy to design objects so that they bring high and stable income. The paper studies a solution to the problem, based on the use of the iteration method, the ABC - XYZ analysis, and digital filtering. It is based on the well-known principle of the study of complex systems: the sequential division of a complex task into a number of simpler ones. We would like to note that the “classic” ABC - XYZ analysis gives only general results about the profits from construction projects and does not study the reasons due to which these profits are received. In contrast, the proposed tooling allows taking into account the main technical, geographical and other factors typical for profitable construction projects. One of the advantages of the considered approach is that the conventional computer tools - a spreadsheet MS Excel, is used in solution. The paper discusses the advantages and disadvantages of the proposed approach, specifies in which cases it is advisable to use this approach and where to use more powerful and expensive tools - Big Data technology. For better visualization and clarity, the elements of set theory are used in the paper. This methodology is universal, and its use in the energy industry is possible when selecting more profitable types of products.

AN ENTROPY-BASED STUDY ON THE EFFECTIVENESS OF PREFABRICATION IN ACHIEVING SUSTAINABLE CONSTRUCTION

2016 ◽  
Vol 3 (2) ◽  
Author(s):  
Peter S. P. Wong ◽  
Luke Edmonson ◽  
Michael Phillip Kanellopoulos
Keyword(s):  
Construction Industry ◽  
Energy Efficient ◽  
Construction Projects ◽  
Carbon Materials ◽  
Sustainable Construction ◽  
Project Delivery ◽  
Design Stage ◽  
Construction Process ◽  
Industry Survey ◽  
Ranking Analysis

Prefabrication has been widely adopted in the construction projects in recent years. It has also been advocated as a greener and more sustainable approach of project delivery. However, with a wealth of evidence supporting other reasons as the drivers of using prefabrication, it is questionable whether the real goal of prefabrication is to achieve sustainable construction. This study aims to investigate the roles of prefabrication in fostering sustainable construction. The effectiveness of prefabrication on fostering sustainable construction was evaluated on the five aspects enlisted by the UK’s Green Construction Board: Waste, Water, Carbon, Materials, and Biodiversity. An industry survey was conducted in Melbourne, Australia for data collection. 200 questionnaires were sent via email or post to a variety of fields within the construction industry. Entropy ranking analysis was adopted to analyze the effectiveness of using prefabrication in construction. The results suggest that prefabrication is effective in reducing construction waste and sourcing energy efficient materials. However, the utilization of prefabrication was found unsuccessful in reducing carbon emissions during the construction process. It is suggested that proactive actions should be taken at the design stage to unleash the potential of prefabrication in construction.

A model for proactive mediation of construction disputes

1995 ◽  
Vol 22 (1) ◽  
pp. 15-22 ◽  
Author(s):  
Francis T. Hartman ◽  
George F. Jergeas
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Cost Reduction ◽  
Alternative Dispute Resolution ◽  
Construction Disputes ◽  
Area Of Interest ◽  
New Process ◽  
The Cost ◽  
Alternate Dispute Resolution ◽  
Management Contracts

Alternative dispute resolution methods remain an area of interest and study because of the continued increase in the incidence of disputes, be they claims or litigation. Practice in the industry tends to stimulate litigation if negotiation of claims is unsuccessful. At variance with this is the declared preference of construction industry practitioners for mediation over arbitration and for arbitration over litigation. Mediation has had a high success rate when used in construction dispute resolution. The cost of mediation is significantly lower than litigation or arbitration. The probability of the parties to the dispute being able to work together effectively after the dispute has been resolved is higher, and the dispute can be resolved more quickly than by arbitration or litigation. This paper presents the findings of a study undertaken to identify a better process for construction contracting. An essential part of the new process is the use of proactive mediation. Proactive mediation is the use of a mediator prior to a dispute arising to help identify and address potential problems before they become difficult or unsolvable issues. The proposed methodology has been tested through a process which obtained the input of over 60 senior industry practitioners. Key words: mediation, construction management, contracts, claims, cost reduction, alternate dispute resolution, risk management.

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