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.

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.

The need for and benefits of buildability analysis: Nigeria as a case study

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Innocent Chigozie Osuizugbo
Keyword(s):  
Construction Industry ◽  
Construction Projects ◽  
Design Methodology ◽  
Poor Correlation ◽  
Construction Sector ◽  
Construction Process ◽  
Content Type ◽  
Significant Difference ◽  
Analysis Programme

Purpose Buildability analysis has a potential of improving the outcomes of construction projects. However, the usage of buildability analysis is not well pronounced within the construction sector. This study aims to provide understanding of the concept of buildability analysis with the view to predicting the future stance for buildability analysis. Design/methodology/approach The study adopted a survey research method. Questionnaires were administered to purposively selected group of construction professionals working in Nigeria. A total of 82 questionnaires were administered among the sampled respondents, out of which a total of 51 (62.2%) were adequately filled and returned. The data collected were analysed using descriptive and inferential statistics. Findings The results revealed inability of the designers and constructors to have a common upstanding of the entire construction process, fragmented nature of the construction industry and poor correlation between design and construction as the most essential needs for buildability analysis. On the benefits of buildability analysis, the results showed increase in efficiency, save wasteful efforts and quality improvement as the most significant ones. In addition, the results from the study revealed that there is a statistically significant difference in some of the needs for and benefits of buildability analysis among the survey participants. Originality/value The study identified three future stances for buildability analysis to include building unity, efficient and effective construction and high competition. Framework for buildability analysis was developed aimed at providing guidance to professionals in achieving enhanced project production information. The findings provide in-depth insight of the needs for and benefits of buildability analysis that can inform professionals in the construction industry to adopt buildability analysis programme as a lasting solution to most design challenges and buildability problems confronting the sector.

scholarly journals Architect Critical Challenges as a Project Manager in Construction Projects: A Case Study

2014 ◽  
Vol 2014 ◽  
pp. 1-15 ◽  
Author(s):  
Mohammadreza Yadollahi ◽  
Mohammad Mirghasemi ◽  
Rosli Mohamad Zin ◽  
Bachan Singh
Keyword(s):  
Construction Industry ◽  
Construction Projects ◽  
Green Buildings ◽  
Project Manager ◽  
Construction Process ◽  
Subjective Responses ◽  
Electrical Engineers ◽  
Personal Skills

All construction professionals such as civil, mechanical, and electrical engineers, quantity surveyors, and architects have important roles in the construction process. Among these, architects are frequently appointed as a project manager (PM). The role of a PM will drive the success of the projects implementation. Therefore, the capability of an architect as a PM (ArPM) is critical in reducing challenges encountered. Accordingly, the identification of these challenges is an important task in selecting an appropriate ArPM. The aim of this study is to identify the most critical challenges faced by an ArPM for construction projects. The data were collected through questionnaires and interviews with architects and professionals in the Malaysian construction industry. Because of the fuzziness and uncertainty of subjective responses, Fuzzy Set Ttheory is applied to identify critical challenges. A total of 65 questionnaires were distributed and 36 questionnaires were returned. The results revealed that the critical challenges faced by an ArPM are “poor planning,” “unfamiliar technology,” “unfamiliarity with green buildings and materials,” “inappropriate scheduling,” and “poor workmanship.” All critical challenges were then categorized into six main groups including technical, managerial, personal skills, contractual, psychological, and financial.

scholarly journals DISPUTE RESOLUTION AIDED TOOL FOR CONSTRUCTION PROJECTS IN EGYPT / GINČŲ SPRENDIMO PAGALBOS PRIEMONĖ STATYBOS PROJEKTAMS EGIPTE

2011 ◽  
Vol 17 (1) ◽  
pp. 63-71 ◽  
Author(s):  
Mohamed Marzouk ◽  
Lobna El-Mesteckawi ◽  
Moheeb El-Said
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Computer Model ◽  
Construction Projects ◽  
Decision Makers ◽  
Working Relationships ◽  
Survey Questionnaire ◽  
Public And Private ◽  
Resolution Strategy

Contract relationships in construction projects in Egypt have become increasingly strained in recent years. Working relationships, communications, and contractual commitments are often not carried out in good faith. Hence, adversarial approaches to public and private sectors of the construction industry in Egypt generate a substantial increase in the use of binding arbitration and the judicial system for the settlement of contractual disagreements. In this research, a survey questionnaire was designed to obtain the relative weights of the factors that influence the Dispute Resolution Strategy (DRS) Decision. Twenty six combinations of project situations were established based on ten factors, established after studying the causes of disputes with the aid of literature and unstructured interviews, which affect the DRS-Decision. Experts were asked to perform pair-wise comparisons for the ten factors and advise on the recommended resolution methodology for the different status of DRS-Decision's factors. Although negotiation is usually the first attempt to solving any dispute, it sometimes could waste time and consequently money without reaching a satisfying solution. A computer model is proposed to inform the user of whether to quit negotiation and/or any amicable solution to save time and money and resort to arbitration/litigation instead, or to stick to negotiation and/or any amicable solution as it's the only way by which the dispute could be resolved. Results obtained from the survey were utilized in the development of the computer model to provide a simple and an easy to use tool that could advise decision makers on the most appropriate dispute resolution strategy that would mostly succeed; save time and money. A case study is presented to validate the computer model and demonstrate its use. Santrauka Statybos dalyvių santykiai statybos projektuose pastaruoju metu tampa labai įtempti. Dažnai darbiniai santykiai, komunikacija ir sutartiniai įsipareigojimai nėra vykdomi sąžiningai. Todėl priešiški požiūriai į statybos pramonės viešąjį ir privatųjį sektorius Egipte sukelia reikšmingą teisinių ginčų sistemų ir arbitražo taikymo didėjimą. Šiame tyrime, siekiant nustatyti santykinį veiksnių, lemiančių ginčų sprendimo strategijos (GSS) sprendimo santykinį reikšmingumą, buvo sudaryta tyrimo anketa. Remiantis dešimčia veiksnių, kurie daro poveikį GSS sprendimams ir buvo nustatyti remiantis literatūros bei nestruktūrizuotais pokalbiais studijuojant ginčų priežastis, buvo sudaryti dvidešimt šeši projektų situacijų deriniai. Ekspertų buvo prašoma atlikti dešimties veiksnių porinį lyginimą ir pasirinkti ginčo sprendimo metodologiją esant skirtingoms GSS sprendimų veiksnių reikšmėms. Nors derybos, kaip įprasta, yra pirmasis bandymas spręsti bet kokį ginčą, kartais tai gali būti tik laiko ir lėšų švaistymas nepasiekiant norimo rezultato. Pasiūlytas kompiuterinis modelis, kuris gali informuoti naudotoją, ar verta siekiant taupyti laiką ir pinigus nutraukti derybas ir (arba) kitą taikų procesą, vietoj to pradėti teismo arba arbitražo procesą, ar tęsti derybas ir (arba) taikų procesą kaip vienintelį būdą išspręsti ginčą. Remiantis tyrimo rezultatais buvo sukurtas paprastai naudojamas kompiuterinis modelis, kuris sprendimų priėmėjui gali patarti, kokią ginčo sprendimo strategiją reikėtų pasirinkti, kuri iš jų yra sėkmingiausia, taupo laiką ir pinigus. Siekiant parodyti kompiuterinio modelio veikimą pateikta atvejo analizė.

scholarly journals Assessing the Risk Level of the Challenges Faced In Construction Projects

2021 ◽  
Vol 11 (3) ◽  
pp. 7152-7157
Author(s):  
A. Alameri ◽  
A. S. A. M. Alhammadi ◽  
A. H. Memon ◽  
I. A. Rahman ◽  
N. A. N. Nasaruddin
Keyword(s):  
Resource Allocation ◽  
Construction Industry ◽  
Construction Projects ◽  
Risk Level ◽  
Construction Process ◽  
Time Cost ◽  
Risk Matrix ◽  
Mean Values ◽  
Project Complexity ◽  
The Mean

The failure of construction projects could be attributed to several challenges that emerged during the construction process. Nine major challenges were uncovered from the literature: resource allocation, time, cost, quality, safety, project complexity, changes, uncertainties, and communication. A survey was carried out among professionals having a minimum of 10 years of experience in the construction industry to identify the occurrence and severity of these challenges. A total of 117 responses were analyzed and plotted on a risk matrix. The mean values indicated that time, cost, and quality are the top three challenges faced in construction projects, while the risk matrix revealed that all challenges are high-risk challenges. Thus, the professionals should consider suitable measures to address these challenges for improving a project’s performance.

scholarly journals A Case Study of a Negotiated Tender within a Small-to-Medium Construction Contractor: Modelling Project Cost Variance

Buildings ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. 260
Author(s):  
James Ellis ◽  
David John Edwards ◽  
Wellington Didibhuku Thwala ◽  
Obuks Ejohwomu ◽  
Ernest Effah Ameyaw ◽  
...  
Keyword(s):  
Construction Industry ◽  
Study Data ◽  
Review Literature ◽  
Third Party ◽  
Open Book ◽  
Competitive Tendering ◽  
Construction Contractor ◽  
The Uk ◽  
Insight Into

This research explores the failure of competitively tendered projects in the UK construction industry to procure the most suited contractor(s) to conduct the works. Such work may have equal relevance for other developed nations globally. This research seeks to teach clients and their representatives that “lowest price” does not mean “best value”, by presenting a case study of a successfully negotiated tender undertaken by a small-to-medium enterprise (SME) contractor; SME studies are relatively scant in academic literature. By applying the “lessons learnt” principle, this study seeks to improve future practice through the development of a novel alternative procurement option (i.e., negotiation). A mixed philosophical stance combining interpretivism and pragmatism was used—interpretivism to critically review literature in order to form the basis of inductive research to discuss negotiation as a viable procurement route, and pragmatism to analyse perceptions of tendering and procurement. The methods used follow a three-stage waterfall process including: (1) literature review and pilot study; (2) quantitative analysis of case study data; and (3) qualitative data collection via a focus group. Our research underscores the need to advise clients and their representatives of the importance of understanding the scope of works allowed within a tender submission before discounting it based solely on price. In addition, we highlight the failings of competitive tendering, which results in increased costs and project duration once the works commence on site. These findings provide new contemporary insight into procurement and tendering in the construction industry, with emphasis on SME contractors, existing relationships, and open-book negotiation. This research illustrates the adverse effects of early cost estimates produced without first securing a true understanding of project buildability and programming. Our work concludes with a novel insight into an alternative procurement option that involves early SME contractor involvement in an open-book environment, without the need for a third-party cost control.

Preliminary Benefits of Big Data in the Construction Industry: A Case Study

2022 ◽  
pp. 1-11
Author(s):  
Bernard Tuffour Atuahene ◽  
Sittimont Kanjanabootra ◽  
Thayaparan Gajendran
Keyword(s):  
Big Data ◽  
Construction Industry ◽  
Construction Projects ◽  
Big Data Applications ◽  
Data Application ◽  
Construction Firm ◽  
Big Data Application ◽  
Tangible Benefit ◽  
Design Construction

Big data applications consist of i) data collection using big data sources, ii) storing and processing the data, and iii) analysing data to gain insights for creating organisational benefit. The influx of digital technologies and digitization in the construction process includes big data as one newly emerging digital technology adopted in the construction industry. Big data application is in a nascent stage in construction, and there is a need to understand the tangible benefit(s) that big data can offer the construction industry. This study explores the benefits of big data in the construction industry. Using a qualitative case study design, construction professionals in an Australian Construction firm were interviewed. The research highlights that the benefits of big data include reduction of litigation amongst projects stakeholders, enablement of near to real-time communication, and facilitation of effective subcontractor selection. By implication, on a broader scale, these benefits can improve contract management, procurement, and management of construction projects. This study contributes to an ongoing discourse on big data application, and more generally, digitization in the construction industry.

scholarly journals Application of BIM and 3D Laser Scanning for Quantity Management in Construction Projects

2020 ◽  
Vol 2020 ◽  
pp. 1-10
Author(s):  
Thu Anh Nguyen ◽  
Phong Thanh Nguyen ◽  
Sy Tien Do
Keyword(s):  
Construction Industry ◽  
Construction Projects ◽  
Laser Scanning ◽  
Essential Role ◽  
Industrial Revolution ◽  
Management Process ◽  
3D Laser Scanning ◽  
Economic Sectors ◽  
Construction Companies

The construction industry has played an essential role in the process of modernization and industrialization and it has also been a major factor in determining the development of the infrastructure for other economic sectors. Construction companies consider the measurement of work progress, which often wastes time and has a low resolution, to be one of the most challenging problems faced by project management. Therefore, this research aimed to propose practical solutions by applying recent technological achievements of the 4.0 industrial revolution to improve the efficiency of the quantity management process. By utilizing the advantages and features of a BIM model and 3D laser scanning, this paper proposes that adopting a BIM model and 3D laser scanning has the potential to improve the accuracy and efficiency of the quantity management process. The case study demonstrated some typical tasks to evaluate accuracy and efficiency as well as to showcase the research proposal.

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.  

scholarly journals Characteristics of Procurement Methods in Malaysia – Comparing Design-Bid-Build, Design-Build and Construction Management

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Azeanita Suratkon ◽  
◽  
Riduan Yunus ◽  
Rafikullah Deraman ◽  
◽  
...  
Keyword(s):  
Construction Industry ◽  
Construction Management ◽  
Construction Projects ◽  
Building Construction ◽  
Technical Expertise ◽  
Time Cost ◽  
Project Complexity ◽  
Design Build ◽  
Procurement Method ◽  
Design Bid Build

Design-Bid-Build (DBB) or commonly known as Traditional method is the earliest and most prevalent procurement method used in Malaysian construction industry. Design-Build (DB) and Construction Management (CM) procurement methods were later introduced in Malaysia as an endeavour to satisfy and accommodate the increase in project complexity and the need for avoiding drawbacks of the Traditional methods. Each procurement method has different nature and possesses certain characteristics. Therefore, this study was carried out to ascertain and compare the characteristics of these three procurement methods that are implemented in building construction projects in Malaysia. A questionnaire survey was conducted among architects, consultants, contractors and owners or developers to elicit their feedback on the characteristics which were categorised into time, cost, quality, complexity and flexibility, degree of involvement and responsibility allocation and technical expertise. The findings indicated that only DB method almost fulfils all the characteristics under the six categories, whereas, DBB methods garnered agreement only for certain characteristics under time, cost, complexity and flexibility and technical expertise categories. Meanwhile, the only CM method’s characteristics that satisfy agreement from the respondents are the often used of fast track approach and lack of certainty in price. This study concludes that when a procurement method is adopted for a construction project, not all the features or characteristics will turn out as expected. There are many factors that contribute and are influential on the success in procurement methods that are worth for further investigation.

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