Alternative Dispute Resolution Practices in International Road Construction Contracts

Kisi, Krishna P.; Lee, Nam-Hun; Kayastha, Rujan; Kovel, Jacob

doi:10.1061/(asce)la.1943-4170.0000373

Cited by 41 publications

(25 citation statements)

References 22 publications

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“…A dispute in construction projects is considered to be an impediment to the path of successful project completion [3]. Disputes are resource consuming, unpleasant, and expensive [4]. Conflicts disrupt the flow of work, resulting in additional costs, delays, and other negative impacts [5].…”

Section: Introductionmentioning

confidence: 99%

“…Negotiation helps to prevent members of different construction firms from using undesirable methods such as arbitration or litigation; in addition, it saves time, money and the reputation of the firm [7]. Mitropoulos and Howell [4] showed that the prevention of high-cost, complicated disputes mainly depends on the problem-solving ability and planning of the project organization. The main methods used to resolve the claims in the UAE are negotiation, meditation, arbitration, and litigation [15].…”

Section: Introductionmentioning

confidence: 99%

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Construction Disputes in the UAE: Causes and Resolution Methods

et al. 2020

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Claims and disputes occur frequently in the construction industry between different contracting parties, mainly the owner, the designer and the contractor. Consequently, valuable time and a significant amount of money are lost. The United Arab Emirates (UAE) construction industry, one of the most vibrant sectors globally, is experiencing a high level of construction disputes and claims. This paper aims to identify and assess the major causes of disputes in the UAE and weigh the effectiveness of the methods used for their avoidance and resolution. The sources of disputes, and their avoidance/resolution methods, were identified through a comprehensive literature review. A survey was then developed and sent to 150 construction professionals. Fifty-four responses were received and analyzed. The results show that the top five sources of disputes in the UAE are variations initiated by the owner, obtaining permit/approval from the municipality and other governmental authorities, material change and approval during the construction phase, the slowness of the owner in decision-making, and the short time available during the design phase. As for the avoidance and the resolution method, the most effective method was found to be negotiation.

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Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Construction Disputes in the UAE: Causes and Resolution Methods

et al. 2020

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“…Focusing on Sri Lankan construction industry, Illankoon et al [18] identified 15 dispute causes and 13 factors affecting DRM selection from the literature along with the most effective ADR method from perspectives of various parties in a project. Specific to disputes in Nepalese road construction projects, Kisi et al [6] conducted surveys with experts to identify the preference frequencies of DRMs, so that various parties can comprehend the best practices related to a claim category. Sinha and Jha [19] identified the causes of commonly occurring disputes that are followed by litigation and causing delays in Public-Private-Partnership (PPP) road projects in India along with the causes leading to utilization of certain DRMs.…”

Section: Research Backgroundmentioning

confidence: 99%

“…-Discussions on this paper will be accepted by xxxxxxx xx, xxxx.  https://doi.org/10.18400/tekderg.930076 potential to disrupt the workflow and lead to delayed schedules, budget overruns, poor communication, and damaged business relationships [6]. Therefore, it would be beneficial to avoid disputes; however, if the occurrence of disputes cannot be precluded, management personnel need to resolve them through various resolution processes [7].…”

Section: Introductionmentioning

confidence: 99%

Comparing Performances of Machine Learning Techniques to Forecast Dispute Resolutions

2022

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This paper compares classification performances of machine learning (ML) techniques for forecasting dispute resolutions in construction projects, thereby mitigating the impacts of potential disputes. Findings revealed that resolution cost and duration, contractor type, dispute source, and occurrence of changes were the most influential factors on dispute resolution method (DRM) preferences. The promising accuracy of the majority voting classifier (89.44%) indicates that the proposed model can provide decision-support in identification of potential resolutions. Decision-makers can avoid unsatisfactory processes using these forecasts. This paper demonstrated the effectiveness of ML techniques in classification of DRMs, and the proposed prediction model outperformed previous studies.

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“…It is believed that the most common causes of delay are a lack of understanding of contractual responsibilities and also the manner by which contracts are owner-dominated. Most claims relate to an owner not understanding contractual responsibilities of changes in site conditions, variations and delays which are usually resolved by negotiation, arbitration and adjudication [14].…”

Section: Contract Literacymentioning

confidence: 99%

How Can Blockchain Benefit Payment Systems in Smart Construction Contracts: A Brief Review

Turnbull

Sher

Tang

2022

IOP Conf. Ser.: Earth Environ. Sci.

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Construction industry professionals suffer regularly from poor cash-flow which reflects non-payment or payment delays down the hierarchical chain. This issue is important as the construction industry has the highest rates of insolvency in Australia, the UK and many other countries. Payment conditions under current construction contracts have proven to be inefficient in delivering timely payments as human interference has control over processing claims. This paper investigated the status of contracts and contract law in Australia and the potential of smart contract technology in improving payment issues in the industry. Qualitative data was collected from secondary literature sources which included observations from industry professionals, real case studies, secondary research and government surveys. It was found that smart contracts feature self-executing digital contracts, immutable data, require no intermediaries and provide transparency on all levels. Although these features are fit for purpose in resolving current contractual issues, smart contracts are not yet available in the construction industry. It was also found that smart contracts do have the potential to provide a trusted and reliable payment system in the construction industry, although there are some aspects it is unlikely to replace such as human performance. Research limitations and future research directions are also provided.

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Alternative Dispute Resolution Practices in International Road Construction Contracts

Cited by 41 publications

References 22 publications

Construction Disputes in the UAE: Causes and Resolution Methods

Construction Disputes in the UAE: Causes and Resolution Methods

Comparing Performances of Machine Learning Techniques to Forecast Dispute Resolutions

How Can Blockchain Benefit Payment Systems in Smart Construction Contracts: A Brief Review

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