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.
PurposeA considerable amount of research has been undertaken with regard to the dispute causation within construction project management. Research has eschewed identifying the interrelatedness of variables, which has blurred researchers understanding of dispute causation and lead to latent work practices being embedded within the contracting environment within which projects are procured. With this in mind, this paper attempts to identify the underlying dynamics influencing disputes through the use of causal modeling.Design/methodology/approachUsing the concept of system dynamics a series of causal models are developed from the literature to demonstrate the complexity associated with dispute causation.FindingsIt is revealed that project management, organization and people are the main sources of disputes. Causal models are constructed for each of these constructs and a series of strategies for avoiding disputations identified.Originality/valueThe research has demonstrated the inherent complexity associated with disputes and identified the interrelatedness of factors that can lead to their causation. It is suggested that further empirical research is required to determine the recurring latent conditions that contribute disputes. Once these conditions are examined then effective strategies for dispute avoidance can be identified and advancement toward improving the performance of construction projects made.
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