Competence as a Key Factor in Causal Mechanisms of Construction Disputes

Construction disputes appear ubiquitous in megaprojects, but, they are undesirable due to their negative consequences which include project cost escalation and project delays. Reducing, or better still eliminating, disputes in projects is a desirable indicator of project performance. Much of the previous research on construction disputes has focused on identifying general sources of construction disputes and has tended to deal with immediate causes and ignored root causes of construction disputes. Better understanding of construction disputes can be achieved by understanding the entire causation mechanism of construction disputes right from the root cause through to the immediate cause. Such an understanding will facilitate efficient approaches to managing disputes. In this paper we present research undertaken to elucidate root causes of important disputes in one case study of a megaproject in a developing country. Secondary data including project reports, contract documents, minutes of meetings, and project communications were collected and analyzed using inductive thematic analysis. Using the concept of a mechanism, we reveal a root cause of construction disputes, namely, limited competence of internal project stakeholders. Hence, we put a spotlight on the need to improve competence of construction professionals in the areas of construction contracts, procurement management, contract administration, and project governance. We argue that focus on the preceding areas of competence and deployment of these competences throughout the lifecycle of megaprojects will reduce disputes and improve project performance.

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Publication Details

Journal
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Published
2024-08-26
DOI
https://doi.org/10.1061/jladah.ladr-1191
Citations
3
Primary Topic
Construction Project Management and Performance
Type
article
Field-Weighted Citation Impact
1.47
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article

Competence as a Key Factor in Causal Mechanisms of Construction Disputes

Apollo Tutesigensi, Harrison E. Mutikanga, M. Kayondo, C. Kyalisiima
3 citations
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Construction Project Management and Performance
1.47
article

Competence as a Key Factor in Causal Mechanisms of Construction Disputes

Apollo Tutesigensi, Harrison E. Mutikanga, M. Kayondo, C. Kyalisiima
article en
3 citations

Abstract

Construction disputes appear ubiquitous in megaprojects, but, they are undesirable due to their negative consequences which include project cost escalation and project delays. Reducing, or better still eliminating, disputes in projects is a desirable indicator of project performance. Much of the previous research on construction disputes has focused on identifying general sources of construction disputes and has tended to deal with immediate causes and ignored root causes of construction disputes. Better understanding of construction disputes can be achieved by understanding the entire causation mechanism of construction disputes right from the root cause through to the immediate cause. Such an understanding will facilitate efficient approaches to managing disputes. In this paper we present research undertaken to elucidate root causes of important disputes in one case study of a megaproject in a developing country. Secondary data including project reports, contract documents, minutes of meetings, and project communications were collected and analyzed using inductive thematic analysis. Using the concept of a mechanism, we reveal a root cause of construction disputes, namely, limited competence of internal project stakeholders. Hence, we put a spotlight on the need to improve competence of construction professionals in the areas of construction contracts, procurement management, contract administration, and project governance. We argue that focus on the preceding areas of competence and deployment of these competences throughout the lifecycle of megaprojects will reduce disputes and improve project performance.

Journal of Legal Affairs and Dispute Resolution in Engineering and ConstructionVol. 16(4)
University of Leeds (GB)
Openalex Percentile: Top 16%
Construction Project Management and Performance
1.47
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Competence as a Key Factor in Causal Mechanisms of Construction Disputes — Apollo Tutesigensi, Harrison E. Mutikanga, et al. · Journal of Legal Affairs and Dispute Resolution in Engineering and Construction (2024) | TGRS Research Map | TGRS