Construction Litigation, U.S. General Services Administration, 1980–2004

Goetz, Joyce C.; Gibson, G. Edward

doi:10.1061/(asce)1943-4162(2009)1:1(40)

Cited by 6 publications

(5 citation statements)

References 7 publications

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“…In the construction industry, transaction hazards play a key role. First, transaction costs are important drivers of total project costs (Gebken and Gibson, ; Goetz and Gibson, ); second, disputes among project participants, including subcontractors, are common (Arditi and Chotibhongs, ; Kumaraswamy, ; Rubin and Wordes, ); and third, key success factors in construction projects include the appropriateness of the project governance mechanisms and the capability of the project managers to mitigate free‐riding and opportunism among the project constituents (Lui and Ngo, ; Odeh and Battaineh, ; Palaneeswaran et al ., ; Winch, ).…”

Section: Theory and Hypothesesmentioning

confidence: 99%

Transactional hazards, institutional change, and capabilities: Integrating the theories of the firm

Brahm

Tarziján

2013

Strat. Mgmt. J.

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Using a detailed dataset from the Chilean construction industry, we explore how the predictions of the transaction cost and capabilities theories interact to explain building contractors' decisions to ‘make or buy’ the specialty trade activities needed to complete a construction project. We show that the contractor's productive capabilities strongly mediate the relationship between transaction hazards that originate from either temporal specificity or an exogenous change in the subcontracting law and the vertical integration decision. The inclusion of differential capabilities and its interaction with transactional hazards infuse contractors' boundary choices with systematic patterns of heterogeneity and contribute to the integration of these theoretical perspectives. Our analysis corrects for the endogeneity of the capabilities variable and provides a detailed assessment of the marginal effects in logit models. Copyright © 2013 John Wiley & Sons, Ltd.

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Section: Theory and Hypothesesmentioning

confidence: 99%

Transactional hazards, institutional change, and capabilities: Integrating the theories of the firm

Brahm

Tarziján

2013

Strat. Mgmt. J.

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“…Further to this, the only reference to any of the variables in the literature. Goetz and Gibson (2009) reveal that, in the period from 1980 to 2004, disputes over site conditions were 237.5 per cent less likely to lead to litigation than compared to disputes over modifications. Semple et al (1994, p. 785) identifies an “[…] increase in scope of the work, weather, restricted access and acceleration […] ” as the most common contributing factors in claims in the Canadian construction sector.…”

Section: Discussionmentioning

confidence: 97%

“…The literature covers a wide array of critical factors that result in disputes. Research from Semple et al (1994) reveal that an increase in the scope of the work acts as a primary contributing factor for dispute claims in the construction industry, while Goetz and Gibson (2009) indicate payment as a source of dispute. Further to this, an investigation by Kennedy (2006) into adjudication in the UK found that adjudication issues normally revolve around payment and valuation issues.…”

Section: Discussionmentioning

confidence: 99%

“…The three variables are all related to changes to the scope of works by different project stakeholders (sub-contractor changes to agreed scope of works; main contractor changes to agreed scope of works; and client changes to agreed scope of works). Considering the literature, both Goetz and Gibson (2009), in conjunction with Semple et al (1994), indicate that changes to the scope of works acts as a source of dispute in construction. Furthermore, as part of the qualitative research into the three case studies, changes to the agreed scope of works are discussed by participants of both case studies two and three.…”

Section: Discussionmentioning

confidence: 99%

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Construction disputes in small to medium enterprise’s in Ireland during recession

Treacy

Spillane²,

Tansey

2016

IJLBE

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Purpose This paper aims to identify the critical factors causing construction disputes in small to medium enterprises (SMEs) in Ireland during the recent recession period from 2007 to 2013. Design/methodology/approach This study used a mixed-method approach incorporating a literature review, case studies and questionnaire survey, with results analysed using exploratory (data reduction) factor analysis. Findings The results indicate seven core critical factors which result in construction disputes in SMEs in Ireland during a recession: payment and extras; physical work conditions; poor financial/legal practise; changes to the agreed scope of works; time overrun; defects; and requests for increase in speed of project and long-term defects. Research Limitations/implications With Ireland emerging from the current economic recession and the prevalence of SMEs in the construction sector, it is essential to document the core critical factors of construction disputes which emerge within this particular segment of the built environment. Practical Implications To address the adversarial nature of the construction sector and the prevalence of SMEs, it is essential to identify and document the critical factors of construction disputes within this remit. It is envisaged that the results of this research will be acknowledged, and the recommendations adopted, by construction SMEs, particularly within Ireland, as they emerge from the economic recession. Originality/value This paper fulfils a gap in knowledge with the emergence of the economic recession and the identification of critical factors of construction dispute within SMEs in the Irish construction industry.

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“…There have been findings that the economic circumstances surrounding a construction project can affect the number of construction claims and disputes [40,41]. Therefore, analyzing the construction disputes in the context of the construction economic situation is needed for the trend analysis.…”

Section: Construction Dispute Trends By Periodmentioning

confidence: 99%

Construction Disputes and Associated Contractual Knowledge Discovery Using Unstructured Text-Heavy Data: Legal Cases in the United Kingdom

Lee

Ham

2021

Sustainability

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Construction disputes are one of the main challenges to successful construction projects. Most construction parties experience claims—and even worse, disputes—which are costly and time-consuming to resolve. Lessons learned from past failure cases can help reduce potential future risk factors that likely lead to disputes. In particular, case law, which has been accumulated from the past, is valuable information, providing useful insights to prepare for future disputes. However, few efforts have been made to discover legal knowledge using a large scale of case laws in the construction field. The aim of this paper is to enhance understanding of the multifaceted legal issues surrounding construction adjudication using large amounts of accumulated construction legal cases. This goal is achieved by exploring dispute-related contract terms and conditions that affect judicial decisions based on their verdicts. This study builds on text mining methods to examine what type of contract conditions are frequently referenced in the final decision of each dispute. Various text mining techniques are leveraged for knowledge discovery (i.e., analyzing frequent terms, discovering pairwise correlations, and identifying potential topics) in text-heavy data. The findings show that (1) similar patterns of disputes have occurred repeatedly in construction-related legal cases and (2) the discovered dispute topics indicate that mutually agreed upon contract terms and conditions are import in dispute resolution.

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Construction Litigation, U.S. General Services Administration, 1980–2004

Cited by 6 publications

References 7 publications

Transactional hazards, institutional change, and capabilities: Integrating the theories of the firm

Transactional hazards, institutional change, and capabilities: Integrating the theories of the firm

Construction disputes in small to medium enterprise’s in Ireland during recession

Construction Disputes and Associated Contractual Knowledge Discovery Using Unstructured Text-Heavy Data: Legal Cases in the United Kingdom

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