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Journal articles on the topic 'Construction disputes'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Yuliyanto Waisapi, Jeffery. "The Role of The Construction Dispute Board in The Settlement of Construction Disputes." Eduvest - Journal of Universal Studies 3, no. 8 (2023): 1498–505. http://dx.doi.org/10.59188/eduvest.v3i8.891.

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This study aims to analyze the role of the dispute board in the construction dispute resolution system in Indonesia. This study uses descriptive research methods. This method is used to describe and explain the phenomena that occur. The dispute board exists as an alternative to resolving construction disputes that can provide various benefits, such as saving time. The settlement of construction disputes in Indonesia is regulated in Article 88 of Law Number 2 of 2017 concerning services. In the settlement of construction disputes, the dispute Board has an important role in the settlement stages

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Sherif, M. Hafez Remon F. Aziz Moataz B. Elgayar. "TIME DELAY DISPUTES IN CONSTRUCTION INDUSTRY AND PREDICTION MODEL." INTERNATIONAL JOURNAL OF ENGINEERING SCIENCES & RESEARCH TECHNOLOGY 5, no. 8 (2016): 10–30. https://doi.org/10.5281/zenodo.59951.

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Construction disputes are one of main obstacles, which face the construction projects, most of construction projects are long period and complex, often finish out of planned period and budget. The main causes of construction dispute are accerlation, co-ordination, differing goals, delays, design, engineer, project complexity,quality and workmanship, site conditions, tender, variations and value engineering. It is essential to study and analyze causes of construction time delay disputes. This paper studied a list of time delay disputes causes gathered from literature having different types of c

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Barnado, Gito, and Rully Andhika Karim. "Dispute Resolution Strategies in Construction Projects to Mitigate Impacts on Time Performance – Project Owner's Perspective." International Journal of Science, Technology & Management 5, no. 6 (2024): 1386–97. https://doi.org/10.46729/ijstm.v5i6.1201.

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Abstract Disputes in the global construction industry are increasing every year. This is also in line with what is happening in the Indonesian construction industry. PT. XYZ, one of the pulp and paper producers in Indonesia., was the project owner of 128 construction contracts for the company's production facility development services from 2015 to 2021, had experiencing disputes on 45 of those contracts or 35.2% of the total construction contract services. The trend on time taken to resolve those disputes was observed to be 16.38 months on average, which was considered too long. The delay in h

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Tanriverdi, Cenk, Guzide Atasoy, Irem Dikmen, and M. Talat Birgonul. "CAUSAL MAPPING TO EXPLORE EMERGENCE OF CONSTRUCTION DISPUTES." JOURNAL OF CIVIL ENGINEERING AND MANAGEMENT 27, no. 5 (2021): 288–302. http://dx.doi.org/10.3846/jcem.2021.14900.

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Disputes, frequently encountered in construction projects, can substantially affect project success, necessitating a clear understanding of how and why disputes occur. Previous studies on disputes mostly yielded exhaustive lists or hierarchies of possible causes of disputes, which can hardly be used to understand how these causes come together to form a dispute. To address this gap, this study provides an alternative approach to understand the underlying causes of disputes, and their relationship within a specific context, using causal map analysis. This study is conducted using causal mapping

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Utama, Meria, and Irsan Irsan. "General Overview on Selecting and Drafting Construction Contract Disputes Resolution." Sriwijaya Law Review 2, no. 2 (2018): 152. http://dx.doi.org/10.28946/slrev.vol2.iss2.129.pp152-169.

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A good international contract as the experts considered is the most complicated one the parties must draft carefully. It involves many stakeholders and containing documents to attach likewise financial judgment, technical specifications, work scope, rights, obligation, responsibility and other external factors which are beyond the parties’ consideration. A good design contract will prevent the parties from disputes. The dispute settlement mechanisms should be explicitly stated in the international construction contract. The nullity of the choice dispute settlement mechanisms or in the absence

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Alaloul, Wesam S., Mohammed W. Hasaniyah, and Bassam A. Tayeh. "A comprehensive review of disputes prevention and resolution in construction projects." MATEC Web of Conferences 270 (2019): 05012. http://dx.doi.org/10.1051/matecconf/201927005012.

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The construction industry is complex, fragmented, dynamic and involves many parties in an adversarial relationship. This makes disputes almost inevitable in any construction project. This paper aims to provide a comprehensive review of the adopted methodologies in resolving disputes that arise in the construction projects. The paper evaluates and classifies the different methods of disputes resolution. A comparison was conducted between the advantages and disadvantages of each method. The paper distinguishes between the traditional method of disputes resolution; litigation and Alternative Disp

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Yussof, S., and A. Ahmad Zaini. "Conceptual Framework in Mitigating Construction Dispute." IOP Conference Series: Earth and Environmental Science 1022, no. 1 (2022): 012015. http://dx.doi.org/10.1088/1755-1315/1022/1/012015.

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Abstract Construction disputes are a typical occurrence in the construction industry. Moreover, construction projects are increasingly complex to suit the current requirement and design, resulting in a complicated contract document between stakeholders. Thus, complex construction projects leads to a complex dispute arising from the complexity of the work, multiple prime contracting parties’ involvement, poor execution of contract documents, inadequate planning, financial issues, and communication issue. Hence, this research thoroughly analyses the literature in construction disputes and identi

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Nee, Ting Sim, Samuel Nadarajan, and Andrew Whyte. "Reviews of Cases of Construction Disputes in Malaysia and its Relation with Standard Form of Construction Contract." Advanced Materials Research 831 (December 2013): 191–96. http://dx.doi.org/10.4028/www.scientific.net/amr.831.191.

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In Malaysia itself, the construction industry has well governed the economic trend and providing the pathway towards modernization. Construction industry is a huge process that involves many activities in different phases and participation of various professions. The complexity of this industry has made it closely linked to disputes. There are always possibilities of dispute occurrence even when almost all projects are governed by their respective contracts. This study is initiated to find the relationship of standard forms of contract with construction disputes. The focus of this study will b

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Kohl, Benoît, and Sophie Bourgois. "Arbitration and Alternative Dispute Resolution in the Belgian Construction Sector." Nederlands-Vlaams tijdschrift voor Mediation en conflictmanagement 16, no. 2 (2012): 6–19. https://doi.org/10.5553/tmd/2012016002002.

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Arbitration and Alternative Dispute Resolution in the Belgian Construction Sector Construction contracts are particularly prone to the emergence of disputes. In Belgium, construction disputes have traditionally been referred to State Courts. In recent years however, there has been a growing interest in Alternative Dispute Resolution (ADR), which has gradually affected the Belgian construction sector. There are now several institutions dedicated solely to providing arbitration and ADR services to the construction industry.Beside the Centre belge de l’arbitrage et de la mediation, three institut

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Harun, Refly. "Rekonstruksi Kewenangan Penyelesaian Perselisihan Hasil Pemilihan Umum." Jurnal Konstitusi 13, no. 1 (2016): 1. http://dx.doi.org/10.31078/jk1311.

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Construction of authority in the settlement of dispute over the result of local election is still in transformation to become the ideal format. At the same time, the authority in the settlement of election dispute which is distributed to many agencies is also demanding simplification. The fact requires that there must be reconstruction on the settlement of all kinds of legal problems in election, including the dispute over local election results. Related to this, one of the proposals offered through this paper is the simplification of settlement system and the courts involved in the settlement

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Lee, JeeHee, Youngjib Ham, and June-Seong Yi. "Construction Disputes and Associated Contractual Knowledge Discovery Using Unstructured Text-Heavy Data: Legal Cases in the United Kingdom." Sustainability 13, no. 16 (2021): 9403. http://dx.doi.org/10.3390/su13169403.

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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

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Nasser, Majrashi. "Causes of Disputes in Construction Projects." International Journal of Civil and Structural Engineering Research 12, no. 2 (2024): 75–81. https://doi.org/10.5281/zenodo.14514341.

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<strong>Abstract:</strong> Disagreements between construction parties to reach an agreed upon solution are common and frequent in the construction industry across the globe. Construction disputes waste time and resources and result in delays to the completion of projects. Clauses are added in contracts to facilitate the cooperation to reach agreements instead of legal escalations in court. Sometimes, these clauses cause more harm than good because of the provision of conflicting terms that culminate in legal conflicts, which invariably bring undesirable results to the projects. As the construc

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Shash, Ali A., and Salah I. Habash. "Disputes in Construction Industry: Owners and Contractors’ Views on Causes and Remedies." Journal of Engineering, Project, and Production Management 11, no. 1 (2021): 37–51. http://dx.doi.org/10.2478/jeppm-2021-0005.

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AbstractThe construction industry is prone to conflicts and disputes due to complexity, competitive environment, and complicated project documents. In this complex environment, members from various professions, each has their goals and desires to secure the most of his own benefits, work together to build a structure. The objectives of this study were to investigate the frequency, causes, and remedies of disputes in the Central Province of Saudi Arabia. The required data were collected, through a questionnaire survey, from 130 contractors and 54 owners located in the Central Province. This stu

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Saeb, Abdollah, Mohd Suhaimi Mohd Danuri, Othman Mohamed, and Norhanim Zakaria. "A Mechanism for Dispute Resolution in the Iranian Construction Industry." Journal of Construction in Developing Countries 26, no. 1 (2021): 205–26. http://dx.doi.org/10.21315/jcdc2021.26.1.10.

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If disputes are not resolved promptly, they tend to become prolonged and escalated, creating a more complicated and less manageable scenario. Therefore, in this study, we formulated a mechanism for dispute resolution in the Iranian construction industry based on alternative dispute resolution methods. The formulated mechanism could aid disputing parties in the construction industry to settle their disputes more effectively and enhance dispute resolution methods in construction standard forms. To achieve this goal, we collected qualitative data using semi-structured interviews with 30 experts w

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Rahnamayiezekavat, Payam, Ehsan Sorooshnia, Maria Rashidi, Amir Faraji, Sherif Mostafa, and Sungkon Moon. "Forensic Analysis of the Disputes Typology of the NSW Construction Industry Using PLS-SEM and Prospective Trend Analysis." Buildings 12, no. 10 (2022): 1571. http://dx.doi.org/10.3390/buildings12101571.

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Project claim management is the central pillar of the overlapping areas of contract administration, contract law and building regulations. Delays caused by inefficiency of the procedures designed to avoid disputes emerge at the pre-project phase and continue during construction. The quantum of research addressing this issue is not immediately transferrable between jurisdictions, mainly due to local specificity of construction practices, contract and construction laws, as well as clients’ preferences. The primary aim of this study is to identify the underlying causes of disputes that have arise

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Mbengue, Makane Moïse. "The South China Sea Arbitration: Innovations in Marine Environmental Fact-Finding and due Diligence Obligations." AJIL Unbound 110 (2016): 285–89. http://dx.doi.org/10.1017/s239877230000917x.

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The South China Sea Arbitration is a leading case in a new generation of environmental disputes, namely, environmental disputes that occur in disputed territorial or maritime areas. The dispute between the Philippines and China before the United Nations Convention on the Law of the Sea (UNCLOS) Annex VII Tribunal (the Tribunal) dealt in significant part with the Philippines’ allegations of environmental violations by China. The Philippines asserted that China tolerated harmful fishing practices and proceeded with harmful construction activities, and that both caused serious harm to the marine

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Kalogeraki, Marianna, and Fani Antoniou. "Claim Management and Dispute Resolution in the Construction Industry: Current Research Trends Using Novel Technologies." Buildings 14, no. 4 (2024): 967. http://dx.doi.org/10.3390/buildings14040967.

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In the Architecture, Engineering and Construction (AEC) industry claims arise frequently, often resulting in disputes. Claim management should be efficient to prevent claims from escalating into disputes, and if disputes are still unavoidable, they should be resolved without delay for the construction process to resume. First, by conducting a bibliometric review, this paper attempts to investigate the literature on construction claims and dispute resolution practices by employing the Scopus database and VOSviewer to retrieve and analyze related sources. The overall trend of research by country

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Jagannathan, Murali, and Venkata Santosh Kumar Delhi. "Perceptions of Stakeholders on the ‘Redraftability’ of Construction Contracts." IIM Kozhikode Society & Management Review 9, no. 2 (2020): 152–61. http://dx.doi.org/10.1177/2277975219885285.

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Disputes in construction projects have become an integral part of the construction process. In addition to reducing their productivity, disputes create mistrust between the involved parties. A variety of reasons that contribute to the occurrence of disputes in construction projects have been discussed in the literature. One among them is the nature of the construction contract that exists between the parties. A review of the existing literature brings to the fore two schools of thought regarding the drafting of construction contracts. While the traditional school considers the contract as thos

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Azwanee Aminuddin, Farrah, and Lu Wai Teng. "Mediation as in Construction: An Empirical Investigation on the Evaluative and Facilitative Mediation." International Journal of Research and Innovation in Social Science VIII, no. IV (2024): 1997–2016. http://dx.doi.org/10.47772/ijriss.2024.804136.

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Disputes are inherent and inevitable in every construction project. Disputes should be resolved efficiently and effectively to minimise the negative impacts on the project and parties involved. Mediation is a wise choice in resolving construction disputes compared to litigation due to its benefits. However, the utilisation of mediation in the Malaysian construction industry is still low. This may be mainly due to the confidence issue of the construction stakeholders in mediation. The mediation styles that are mainly used in Malaysia are facilitative and evaluative. Both styles are different in

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20

Supriyadi, Supriyadi, Mohammad Gufron AZ, and Kadek Wiwik Indrayanti. "Juridical review of construction contract disputes in Indonesia." Jurnal Cakrawala Hukum 13, no. 3 (2022): 325–36. http://dx.doi.org/10.26905/idjch.v13i3.8916.

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Nowadays, the method of resolving disputes through the judiciary has received very sharp criticism from practitioners and legal theorists. The roles and functions of the judiciary are considered to be heavy, slow, take a long time, cost a lot of money, unresponsive in seeing the public interest, and too formal and technical. The problem to be raised in this research is how to resolve construction work contract disputes in Indonesia as regulated in Law Number 2 of 2017 concerning construction services and how to compare construction work contract dispute resolutions through adjudication and arb

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Saladin, Muhammad, and Lazarus Tri Setyawanta. "Ideal Construction of Marine Accident Dispute Resolution." International Journal of Research and Innovation in Social Science VIII, IIIS (2024): 5191–203. http://dx.doi.org/10.47772/ijriss.2024.803387s.

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The purpose of this study is to analyze: 1) Is construction in the current marine vessel dispute settlement not ideal? 2) How to reconstruct the ideal marine vessel dispute settlement?. The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that the settlement of marine accident disputes requires an ideal construction that includes several important aspects to ensure fairness and efficiency: 1. Comprehensive Regulation: Clear and detailed regulations regarding marine accident dispute resolution procedures are required.

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Gamage, Amila N. K. K., and Suresh Kumar. "Review of Alternative Dispute Resolution Methods in Construction Projects." Saudi Journal of Engineering and Technology 9, no. 02 (2024): 75–87. http://dx.doi.org/10.36348/sjet.2024.v09i02.007.

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Disputes are common in construction projects due to their dynamic and complex nature. If project leaders ignore finding resolution quickly, these disputes can impact negatively on project performance. Therefore, effective dispute resolution is important for successful project performance and closure as well. This paper comprehensively explores the use of Alternative Dispute Resolution (ADR) techniques for construction disputes focusing on negotiation, mediation, arbitration, expert determination, and adjudication. The study investigates the effectiveness and applications of each ADR method, em

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Malkanthi, S. N., and A. G. M. Buraitha. "Adequacy of Regulatory Framework to Minimize Disputes in Construction Projects." Journal of the University of Ruhuna 11, no. 1 (2023): 23–30. http://dx.doi.org/10.4038/jur.v11i1.8000.

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The construction industry is a competitive, complicated environment where people with various skills, perspectives, and levels of knowledge. Conflicts are unavoidable in this complicated setting due to differences in perspectives among project participants. Conflicts quickly develop into disagreements if they are not handled properly. The end goals of every construction project are to reduce cost, improve quality, and complete the job on schedule. One of the biggest things that prevents the construction project from being successfully finished is disputes. Construction conflicts have become si

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Priyambodo, Mas Agus. "MEKANISME PENYELESAIAN SENGKETA KONSTRUKSI MENURUT UNDANG-UNDANG NOMOR 2 TAHUN 2017 TENTANG JASA KONSTRUKSI." IBLAM LAW REVIEW 1, no. 3 (2021): 173–77. http://dx.doi.org/10.52249/ilr.v1i3.32.

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In essence, construction projects arise because of the convergence of two interests.On the one hand, there is a demand (demand) from the Service User, on the other hand the Service Provider offers its service (offer). Therefore, law number 2 of 2017 concerning Construction Services in Article 1 Paragraph (5) and (6) defines Service Users as owners or employers who use Construction Services, while Service Providers are providers of Construction Services. Construction is a very complex industry, this is because in construction projects there are multiple disciplines and dealing with many people

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Markert, Lars, and Raeesa Rawal. "Emergency Arbitration in Investment and Construction Disputes: An Uneasy Fit?" Journal of International Arbitration 37, Issue 1 (2020): 131–42. http://dx.doi.org/10.54648/joia2020005.

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This article examines the compatibility of emergency arbitration with (1) investment treaty disputes and (2) construction disputes, respectively. The article begins by giving a brief synopsis of the evolution of emergency arbitration, following which its suitability to investment treaty disputes and construction disputes is considered. The authors provide critical analysis of the compatibility of the emergency arbitration procedure with pre-arbitral requirements in both of these categories of disputes. The authors conclude that the practices surrounding emergency arbitration need to be develop

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Lei, Li. "Study on International Dispute Settlement Mechanism." International Journal of Arts and Social Science 4, no. 4 (2023): 201–5. https://doi.org/10.5281/zenodo.7743387.

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Commercial disputes involving “One Belt, One Road” have obvious uniqueness, and to properly resolve commercial disputes and local conflicts, the existing international dispute resolution mechanism has a large gap. In order to properly resolve commercial disputes and resolve conflicts locally, the existing international dispute resolution mechanism has a large gap, drawing on and absorbing the existing dispute resolution mechanism and building a dispute resolution mechanism specifically for the “Belt and Road”, which is not only necessary to promote the construction of t

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A., Kukoyi W., Adedirefumilayo Adedirefumilayo, and Oyewunmi O. O. "Appraisal of Alternative Dispute Resolution Methods Used in Construction Industry of Abeokuta Ogun State." International Journal of Latest Technology in Engineering, Management & Applied Science XIII, no. IV (2024): 22–27. http://dx.doi.org/10.51583/ijltemas.2024.130404.

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The construction industry is a vital component of economic development in Abeokuta, Ogun State, Nigeria, characterized by its dynamic and complex nature. With the increase in construction activities, disputes are inevitable, often leading to project delays, cost overruns, and strained relationships among stakeholders. To address these challenges, alternative dispute resolution (ADR) methods have gained popularity as effective mechanisms for resolving disputes in the construction industry. This research paper aims to provide a comprehensive appraisal of the ADR methods used in the construction

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Gamage, Amila N. K. K. "Dispute Risk Management in Construction Projects through Effective Contract Management." Scholars Journal of Engineering and Technology 11, no. 03 (2023): 53–65. http://dx.doi.org/10.36347/sjet.2023.v11i03.006.

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Disputes are common in construction projects. The consequences of disputes are negative on a project’s successful completion. It requires more time, cost, and effort to find a resolution once a dispute occurs. Disputes also affect a project’s triple constraints time, cost, and scope. Therefore, disputes are a risk for any construction project. According to many studies, most of the causes of project disputes relate to contract and contractual matters. Therefore, the purpose of this study was to emphasize the importance of effective contract management to prevent or minimize potential construct

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Amoah, Christopher, and Corne van der Linde. "THE IMPACT OF PROJECT COST MANAGEMENT ON CONTRACTUAL DISPUTES IN SOUTH AFRICA." Journal of Natural and Applied Sciences 5, no. 1 (2022): 56–72. http://dx.doi.org/10.53974/unza.jonas.5.1.714.

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Cost management is essential in the construction industry, and could cause contractual disputes if not done correctly. This article investigated how project cost management contributed to contractual disputes in the construction project environment. A qualitative approach was used to interview eleven construction professionals. The data received was then analysed using content and narrative analysis methods. It was found that cost management contributed insignificantly to contractual disputes; however, measures such as the engagement of a contract manager, good change control system, approval

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Matarneh, Sandra. "Construction Disputes Causes and Resolution Methods: A Case Study from a Developing Country." Journal of Construction in Developing Countries 29, no. 1 (2024): 139–61. http://dx.doi.org/10.21315/jcdc-04-23-0043.

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The increasing complexity of the construction industry, characterised by diverse multidisciplinary project teams, various stakeholders, distinctive site conditions and uncertainties, can contribute to an antagonistic environment, which may result in disputes arising between the contractual parties. Identifying the most common causes of disputes is important for an efficient contract management process. This study aims to help project stakeholders incorporate consolidative contract management strategies before commencing a new project by identifying the most common causes of construction disput

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Silva, Pramod Malaka, Niluka Domingo, and Noushad Ali Naseem Ameer Ali. "An interactive pre-contract dispute avoidance toolkit for New Zealand construction industry." Construction Innovation 25, no. 7 (2025): 268–91. https://doi.org/10.1108/ci-10-2024-0309.

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Purpose Avoiding disputes in the New Zealand (NZ) construction industry is crucial but challenging. While many studies focus on post-contract measures, there is limited research on pre-contract dispute avoidance, especially in traditionally procured projects, which are more prone to disputes in NZ. Therefore, the purpose of this is to study investigate pre-contract steps to avoid potential disputes in NZ and present the findings in an interactive toolkit. Design/methodology/approach An analysis of 35 construction-related court cases in NZ was conducted to identify the causes of disputes, and 1

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Sabri, Omar K., Olav Torp, and Amund Bruland. "Resolution of Disputes in Infrastructure Projects: A Norwegian Perspective." Buildings 14, no. 12 (2024): 4046. https://doi.org/10.3390/buildings14124046.

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The resolution of disputes is one of the most critical aspects of construction projects as it directly impacts the success of construction projects. The standard methods in which conflicts are usually resolved in the construction industry in Norway include negotiation, mediation, and litigation. Standard methods used at the international level include negotiation, mediation, and arbitration. This research work tried to establish the effectiveness of different dispute resolution mechanisms in Norway by conducting interviews with professionals dealing with construction disputes. Our study has fo

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Priyanka, Sakate* Dr.Arun W. Dhawale. "ANALYSIS OF CLAIMS AND DISPUTE IN CONSTRUCTION INDUSTRY." INTERNATIONAL JOURNAL OF ENGINEERING SCIENCES & RESEARCH TECHNOLOGY 6, no. 5 (2017): 523–35. https://doi.org/10.5281/zenodo.400838.

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The number and complexity of contract disputes have increased dramatically in recent years. At the same time, the delays and costs associated with litigation have become more significant. This section provides an overview of dispute resolution methods commonly used. The increasing trend to alternative methods of resolving disputes suggests a considerable dissatisfaction with the traditional litigation process, at least in certain types of construction cases. However, it must be emphasized that litigation is sometimes, although not always, still the best solution to the parties’ problems. In pr

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Gregory-Stevens, Jackie, Ian Frame, and Christian Henjewele. "Mediation in construction disputes in England." International Journal of Law in the Built Environment 8, no. 2 (2016): 123–36. http://dx.doi.org/10.1108/ijlbe-02-2015-0004.

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Purpose Adjudication was introduced to the English construction industry in 1996 in response to its litigious nature. At the time, adjudication aimed to provide a time-efficient, cost-effective solution to construction disputes. The industry is concerned that adjudication is not always providing the expected benefits due to increasing cost, the length of time it takes to resolve disputes and the difficulty in maintaining good relationships between the parties in dispute. Mediation is recommended here as a most desirable approach to resolving disputes without affecting the relationship between

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Safnul, Dody. "Arbitration In Legal Remediesn Against Dispute Resolution Construction Service Contract." Legalpreneur Journal 3, no. 1 (2024): 293–302. http://dx.doi.org/10.46576/lpj.v3i1.5032.

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The purpose of this research is to find out what are the advantages and deficiencies in problem solving through arbitration and how the process dispute resolution through arbitration in construction contract disputes. By using research methods juridical normative, it can be concluded, that: 1. Arbitration is the way settlement of a civil dispute in outside the general court based on arbitration agreements made written by the parties to the dispute. 2. The existence of a written agreement negates the right of the parties to apply resolution of disputes or disagreements what's included in the ag

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Gao, Yuanfei, and Yuan Liu. "Construction and Application of International Commercial Dispute Resolution Mechanism Model." Security and Communication Networks 2022 (April 12, 2022): 1–12. http://dx.doi.org/10.1155/2022/2978056.

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In specific judicial practice, the ODR mechanism has played an important role in the settlement of e-commerce disputes and network disputes. However, ODR is still in the exploratory stage in many aspects, and it is inevitable that there will be some problems. This article focuses on the A priori algorithm and frequent pattern growth algorithm in association with rule mining learning. The shortcomings of A priori algorithm and frequent pattern growth algorithm are described and researched accordingly, and an improved algorithm for learning A priori association rules based on matrix is proposed.

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Rondar', Natal'ya. "Mediative technologies in the construction complex[." Construction and Architecture 8, no. 1 (2020): 82–86. http://dx.doi.org/10.29039/2308-0191-2020-8-1-82-86.

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The author of the article classified disputes in the construction industry of the economy. The need to use mediaative technologies in resolving these disputes is justified. The essence of mediation, its potential and advantages in comparison with traditional methods of dispute and conflict resolution is revealed. Specific recommendations are offered on the use of mediation in construction. It is concluded that mediation is faster, more economical and much more effective because it helps to resolve interpersonal contradictions, continue cooperation and improve the economic efficiency of the con

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Petrović, Milena. "Dispute review/adjudication boards: One more alternative to court litigation." Revija Kopaonicke skole prirodnog prava 2, no. 2 (2020): 99–114. http://dx.doi.org/10.5937/rkspp2002099p.

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Dispute board is a relatively new, internationally recognised ADR method, a regular feature of international construction and infrastructure contracts. It is composed of three independent and impartial persons selected by the contracting parties. It's basic function is not only to resolve disputes among the parties, but also, if at all possible, to prevent them from happening. So, the board members help the parties avoid or overcome any disagreements or disputes that arise during the implementation of the contract. They also serve to ensure that, where differences between parties escalate into

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Vaghela, Sinhal. "Dispute Causes Analysis Using Analytical Hierarchy Process for Capstone Projects." International Journal for Research in Applied Science and Engineering Technology 12, no. 3 (2024): 2245–51. http://dx.doi.org/10.22214/ijraset.2024.59164.

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Abstract: A disagreement, conflict, or subjective matter that leads to a legal process is termed as a dispute. The likelihood of a dispute arising in a loosely framed large scale construction project is high, which has an impact on project progress and can be considered a type of project risk. When different parties associated with the project are unable to resolve the disputes arising during the contract period it can be resolved by applying Alternate Dispute Resolution (ADR) technique which includes Arbitration, Litigation, Mediation and Conciliation. There are several types of construction

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Chaphalkar, Nitin Balkrishna, and K. C. Iyer. "Factors influencing decisions on delay claims in construction contracts for Indian scenario." Construction Economics and Building 14, no. 1 (2014): 32–44. http://dx.doi.org/10.5130/ajceb.v14i1.3766.

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Construction industry in India is second largest next to agriculture. In current era of infrastructure development construction projects occupy a key position. In any construction project contract time and cost overrun is a common feature, which gives rise to claims leading to disputes. These disputes if not handled properly tend to consume time and money of all parties to the contract. To resolve the dispute in optimum time, it is essential to understand the root cause of disputes as early as possible. Hence there is a need of analyzing the disputes scientifically. The present study reveals f

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Gamage, Amila N. K. K. "Factors that Affect in Selecting the Most Appropriate Alternative Dispute Resolution Strategy for Construction Disputes." Saudi Journal of Civil Engineering 7, no. 05 (2023): 102–14. http://dx.doi.org/10.36348/sjce.2023.v07i04.001.

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Disputes are inevitable in construction projects, and cost and time impacts are higher on a project’s performance and successful completion. Therefore, it is essential to prevent disputes from arising or resolve them efficiently once arise. Other than litigation, Alternative Dispute Resolution (ADR) strategies receive more attention from organizations due to efficiency in dispute settlement. However, when using ADR strategies for dispute resolution, it is vital to select the most suitable technique based on the dispute type and other goals of disputant parties. Therefore, the objective of this

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Nagamani.S, Prema.M, and A.Dhanalakshmi. "Analysis of Factors Causing Disputes Between Owners and Contractors in Apartment Construction Projects." Journal of Sustainable Construction Engineering and Project Management 4, no. 2 (2021): 1–11. https://doi.org/10.5281/zenodo.5075182.

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Dispute managing is an inevitable process in construction industry to achieve project completion both physical and financial. Disputes are unavoidable due to the nature of the contracts, their complexity, the number of parties involved, cost constraint, the risk and the pressure of time and, improper preparation of the contract documents and correct realization of the work. The significantly increasing number of construction disputes indicates the need for the implementation of an effective construction dispute management process.  This thesis looks into role of owners and contractors in

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Tantawy, Mohamed, Mohamed M. Kosbar, Samar M. Nour, N. Mansour, and A. Ehab. "Leveraging BIM for Proactive Dispute Avoidance in Construction Projects." Buildings 15, no. 9 (2025): 1401. https://doi.org/10.3390/buildings15091401.

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The construction industry faces persistent challenges from disputes and claims, leading to delays, cost overruns, and strained stakeholder relationships. This study proposes a strategic framework that integrates building information modeling (BIM) as a proactive tool for dispute avoidance. Using a causal loop diagram (CLD), the research maps the relationships among systemic factors contributing to disputes, such as poor communication, ambiguous specifications, and ineffective stakeholder engagement. The study highlights BIM’s transformative potential in enhancing visualization, improving colla

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Elizabeth, Dike Ifunanya, and Nnadi Ezekiel Oluwaseun Ejiofor. "Harmonizing Ouster Clauses and Pre-action Protocols in Nigerian Construction Disputes." NEWPORT INTERNATIONAL JOURNAL OF CURRENT ISSUES IN ARTS AND MANAGEMENT 4, no. 2 (2024): 45–49. http://dx.doi.org/10.59298/nijciam/2024/4.2.74549.

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This paper discusses how ouster clauses and pre-action protocols intersect when it comes to resolving construction disputes within the Nigerian context. Concerning dispelling ambiguity and providing sureness, ouster clauses point out ways of dispute resolution mechanisms. On the other hand, early resolution and cost saving can be encouraged through dialogue or cooperation before formal litigation thereby being said as the role of pre-action protocols in promoting such response before justice is sought. It is important to understand how these factors interrelate so that we can manage constructi

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Povey, Althea, Keith Cattell, and Kathy Michell. "Mediation practice in the South African construction industry." Acta Structilia 13, no. 1 (2006): 44–64. https://doi.org/10.38140/as.v13i1.1566.

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Dissatisfaction with the traditional methods of litigation and arbitration for set tling disputes has led to an increase in the growth of alternative dispute reso lution (ADR) processes. Presently mediation is the ADR process most frequently used for settling disputes that arise within the South African construction indus try. This paper presents the findings of an investigation into the practice of mediation in the South African construction industry. The main findings of the investigation were that the mediators are more intent on resolving the dispute for the parties, than assisting the par

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Hemanth Sai Kalyan, B., Anandh Sekar, S. Sindhu Nachiar, and P. T. Ravichandran. "Discerning Recurrent Factors in Construction Disputes through Judicial Case Studies—An Indian Perspective." Buildings 12, no. 12 (2022): 2229. http://dx.doi.org/10.3390/buildings12122229.

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Construction disputes have become a recurrent phenomenon in the industry, due to which progress is halted. From a bird’s eye perspective, the most frequent cause of a dispute might be payment issues. However, when observed keenly, it has an inter-relationship with almost every other cause, such as contractual changes, delays in project completion, compromising on the quality of construction, etc. Therefore, analyzing the factors which cause a dispute is important. It is also essential to understand the interrelationship of the factors. In this study, judicial construction disputes, along with

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Yıldıran, Merve Pelinsu, and Gökhan Demirdöğen. "Identification of Contractual and Financial Dispute Causes in the Off-Site Construction Projects." Buildings 14, no. 8 (2024): 2530. http://dx.doi.org/10.3390/buildings14082530.

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Off-site construction (OFC) is a hot topic to remedy the chronic issues of the construction industry, such as low levels of productivity, waste, safety risks, environmental pollution, poor quality, and time and cost issues. However, the lack of standards and knowledge about OFC projects hamper the adaptation process. Disputes are one of the most important hampering factors. Therefore, this study aims to identify contractual and financial disputes and to detect the importance level of disputes in OFC projects. In the study, the Focus Group Discussion (FGD) technique, Pythagorean fuzzy AHP, and

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Jahren, Charles T., and Bruce F. Dammeier. "Investigation into Construction Disputes." Journal of Management in Engineering 6, no. 1 (1990): 39–46. http://dx.doi.org/10.1061/(asce)9742-597x(1990)6:1(39).

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Goodkind, Donald R. "Mediation of Construction Disputes." Journal of Performance of Constructed Facilities 2, no. 1 (1988): 9–12. http://dx.doi.org/10.1061/(asce)0887-3828(1988)2:1(9).

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Cheung, S. O., and T. W. Yiu. "Are Construction Disputes Inevitable?" IEEE Transactions on Engineering Management 53, no. 3 (2006): 456–70. http://dx.doi.org/10.1109/tem.2006.877445.

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