factors of conflicts in construction industry
Contents
FACTORS OF CONFLICT AND DISPUTE IN CONSTRUCTION INDUSTRY
1.0 MAIN RESEARCH TITLE
Factors of Conflict and Dispute in Construction Industry
ABSTRACT
Today‘s construction projects become more complex in nature. The complex, relational and lengthy process of designing and building makes construction a process in which disputes are virtually ensured. Furthermore, the involvement of multidisciplinary in the construction project also leads to conflicts among the parties. It seems that conflict and disputes are inevitable to the construction industry especially when most of construction projects are facing with so many uncertainties. Conflict seems to be very synonym with construction projects and giving the impressions of problems includes in increasing project cost, project delays, reduce productivity, loss of profit or damage in business relationships. The main goal of this paper is to overview the factors of conflict in construction industry. The study highlighted three (3) types of conflict factors which are conflict factors due to behavioral problems, contractual problems and technical problems. Factors of conflict due to behavioral factors includes reluctant to check for constructability, clarity and completeness and poor communication among project team. Meanwhile the factors of conflict which is due to contractual problems are such as late giving of possession, delay interim payment from client and unclear of contractual terms. Whereas, contractor fails to proceed in a competent manner and late instructions from architect or engineer are the factors of conflict which arise due to technical problems. This paper was hoped to be guidance for conflict management in future construction projects.
2.0 LITERATURE REVIEW
2.1 DEFINITION OF CONFLICT AND DISPUTE
Conflict is doubt or questioning, opposition, incompatible behavior, controversy or antagonistic interaction and disputes is one of the range of events considered as
FACTORS OF CONFLICT AND DISPUTE IN CONSTRUCTION INDUSTRY
1.0 MAIN RESEARCH TITLE
Factors of Conflict and Dispute in Construction Industry
ABSTRACT
Today‘s construction projects become more complex in nature. The complex, relational and lengthy process of designing and building makes construction a process in which disputes are virtually ensured. Furthermore, the involvement of multidisciplinary in the construction project also leads to conflicts among the parties. It seems that conflict and disputes are inevitable to the construction industry especially when most of construction projects are facing with so many uncertainties. Conflict seems to be very synonym with construction projects and giving the impressions of problems includes in increasing project cost, project delays, reduce productivity, loss of profit or damage in business relationships. The main goal of this paper is to overview the factors of conflict in construction industry. The study highlighted three (3) types of conflict factors which are conflict factors due to behavioral problems, contractual problems and technical problems. Factors of conflict due to behavioral factors includes reluctant to check for constructability, clarity and completeness and poor communication among project team. Meanwhile the factors of conflict which is due to contractual problems are such as late giving of possession, delay interim payment from client and unclear of contractual terms. Whereas, contractor fails to proceed in a competent manner and late instructions from architect or engineer are the factors of conflict which arise due to technical problems. This paper was hoped to be guidance for conflict management in future construction projects.
2.0 LITERATURE REVIEW
2.1 DEFINITION OF CONFLICT AND DISPUTE
Conflict is doubt or questioning, opposition, incompatible behavior, controversy or antagonistic interaction and disputes is one of the range of events considered as
References: 1. Brown, H. J. & Marriott, A.L. (1993). ADR: Principles and Practice. London: Sweet & Maxwell. 2. Kumaraswamy, M., & Yogeswaran, K. (1998). Significant souces of construction claims. International Construction Law Review, 15 (1), 144-160. 3. Vorster, M. C. (1993). Dispute prevention and resolution. Austin, Texas: Construction Industry Institute (CII) 4. Deutsch, M 5. Williamson, O. (1979). Transaction cost economics: The governance of contractual relations. Journal of Law Economy, 22, 233–261. 6. Hohns, H. M. (1979). Preventing and solving construction contract disputes. New York: Van Nostrand Reinhold. 7. Carmicheal, D. G. (2002). Disputes and international projects: A.A.Balkema Publishers. 8. MacNeil, I. R. (1974). The many futures of contracts. Southern California Law Review, 47, 691. 9. Diekmann, J 10. Kumaraswamy, M. M. (1997). Conflicts, claims and disputes in Construction. Journal of Engineering, Construction, Architecture Management, 4(2), 95-111 11. Hall, J 12. Galbraith, J. (1973). Designing complex organizations: Addison-Wesley. 13. Mitropoulos, P., & Howell, G. (2001). Model for understanding, preventing and resolving project disputes. Journal of Construction Engineering And Management, 223-231. 14. Jessup, W. E., Jr., & Jessup, W. E. (1963). Law and specifications for engineers and scientists. 15. CheungEssex, J. R. (1996). Means of avoiding and resolving disputes during construction. Elsevier science Ltd: Tunneling and underground space technology, 11(1), 27-31 16. Stipanowich, T 17. Emmitt, S. (2010). Managing Interdisciplinary Projects: A Primer for Architecture, Engineering and Construction. Oxon: Spon Press. 18. Murdoch, J., & Hughes, W. (2000). Construction Contracts: Law and Management. Florence, KY: Routledge. 19. Fenn, P 20. Stephenson, R. J. (1996). Project Partnering for the Design and Construction Industry. New York: John Wiley & Sons Inc. 21. Edgerton, W. W. (Ed.). (2008). Recommended Contract Practices for Underground Construction. USA: Society for Mining, Metallurgy, and Exploration 22. Bunting, S 23. Brooker, P. & Wilkinson, S. (Eds.) (2010). Mediation in the Construction Industry: An International Review. Oxon: Spon Press. 24. Hess, S 25. Simmonds, D. (2003). Statutory Adjudication: A Practical Guide. UK: Blackwell Publishing Ltd 26. John, M 27. Feld, J. & Carper, K. L. (1997). Construction Failure (2nded.). Canada: John Wiley & Sons. 28. Mubarak, S. (2010). Construction Project Scheduling and Control (2nded.). New Jersey: John Wiley & Sons. 29. Wright, D. (2004). Forms of Contract User Guide: The Purple Book (4thed.). UK: Institution of Chemical Engineers. 30. Ramsey, V., Minogue, A., Baster, J. & O‟Reilly, M. (2007). Construction Law Handbook. London: Thomas Telford Publishing. 31. Ashworth, A 32. Egbu, C., Ellis, R. & Gorse, C. (2004). The Practice of Construction Management (4thed.). UK: Blackwell. 33. Klinger, M. & Susong, M. (2006). The Construction Project. USA: American Bar Association. 34. Naoum, S. G. (2007). Dissertation research and Writing for Construction Student (2nded.). UK: Elsevier. 35. Krysik, J. L. & Finn, J. (2010). Research for Effective Social Work Practice (2nded.). New York: Routledge. 36. Oppenheim, A.N. (2004): Questionnaire Design, Interviewing and Attitude Measurement New Ed., Continuum, 11 York Road, London SE1 7NX.