The stakeholders' perspective on the factors contributing to construction disputes

Abstract

PurposeWhile a considerable amount of research has been conducted on construction disputes, disputes remain prevalent in the construction industry and have still been a crucial problem in the Turkish construction industry as well. The purpose of this paper is to explore the perceptions of different stakeholders on key factors that contribute to construction disputes by adopting a qualitative approach.Design/methodology/approachThe qualitative approach adopted for the study provided gathering in-depth and rich information about the topic. To explore the phenomenon in-depth information, semi-structured interviews were conducted. A total of 38 interviews were conducted among experts and practitioners who engaged in construction disputes.FindingsContent analysis of interview data resulted in the emergence of varying categories relevant to the problems which result in construction disputes. By grouping related themes into main categories, the analysis yielded five major ones: clarity of the contract form, errors in contract documents, payments, changes, delays and not granting extension of time.Research limitations/implicationsThe major limitations are having interviewees from one country and results limited to the Turkish construction industry.Practical implicationsThe findings provide insight on the factors contributing to construction disputes as perceived by different stakeholders, which should provide guidance to determine the associated risks for dispute occurrence, make effort to mitigate disputes once they happen, take proper precautions for minimizing the effects and after all make a significant contribution in the successful accomplishment of completed construction projects.Originality/valueThe findings of the study contribute to a deeper understanding of the factors contributing to construction disputes through a qualitative approach which is limited in the related literature. Although the qualitative exploration only focuses on the Turkish construction industry, the study has added significantly to the body of knowledge within the subject area.

Leadership issues for road project engineers

“…Numerous construction and leadership studies also used interviews as a methodological approach. For example, [12] conducted interviews and content analysis to explore participants' viewpoints and get a more detailed explanation regarding construction dispute factors. Another example is the leadership development study, where the authors included several interviews to get more details on individual examples they shared on a survey and during focus group discussions [64].…”

“…A semi-structured interview protocol was developed following the summarisation of the literature. It allows the authors to have the freedom to design the set of interview questions for more detailed responses and viewpoints from participants [12]. The interview method highlighted the road project delays, mitigation strategies, leadership attributes and competencies and offered new ideas into fundamental principles.…”

“…The later writing draws conclusions based on the data patterns of engineers' leadership competencies. The authors identified patterns in the data and established logical classifications by grouping related themes into related categories under content analysis, as [12] applied. Contents related to road project delays, mitigation strategies, leadership development, attributes, and competencies were reported using content analysis.…”

“…The skills require effective communication to influence project participants and team members to cooperate, reach an agreement, and avoid or resolve construction disputes. Prolonged conflicts related to construction progress payments and extension of time can be negotiated before the conflicts become disputes [12]- [14]. Negotiation can be applied to either team members or other project stakeholders to reach a consensus without dissatisfaction or refusal to cooperate.…”

“…The lack of experience of technical personnel has a substantial impact, including delays in highway or road construction [11] and disputes. Shortcomings such as inadequate skills to handle a claim-related [4] and lack of communication [12], [13] have contributed to a construction dispute. Disputes in construction can be referred to as prolonged disagreements over unresolved claims and protracted conflicts [14], such as delays, payments, and scope changes ( [12], [15].…”