Effectiveness of Dispute Resolution Processes in State Departments of Transportation Projects: A Case Study Approach

Around 10% to 30% of construction projects encounter significant challenges, with over 25% resulting in official claims. When parties are unable to reach a resolution, they resort to the dispute resolution process (DRP) depicted in their contracts, which, if effective, should resolve the dispute timely and fairly. This aper proposes measures to assess the effectiveness of DRPs used by state departments of transportation (DOTs). To achieve this objective, case studies were conducted on seven DOTs’ DRPs, which included content analysis of specification documents and semistructured interviews with various stakeholders. A thematic analysis was further conducted to determine the DRP effectiveness measures. This included primary (team working relationships, consistent industry involvement, DRP adherence, resolving disputes at lowest possible level, timeliness in resolving disputes) and ancillary measures (performance metrics and tracking, training) that affect DRP effectiveness. DOTs can use these measures to assess their DRP effectiveness and focus on areas of improvement. One limitation of this study is that it is limited to the seven cases presented and thus a quantitative assessment method can be further developed to evaluate DRP effectiveness comprehensively.

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Publication Details

Journal
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Published
2025-12-17
DOI
https://doi.org/10.1061/jladah.ladr-1277
Primary Topic
Construction Project Management and Performance
Type
article
Field-Weighted Citation Impact
0.00
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article

Effectiveness of Dispute Resolution Processes in State Departments of Transportation Projects: A Case Study Approach

Ghada M. Gad, Kurt Dettman, Mohammed S. Hashem M. Mehany, Shantanu Kumar et al.
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Construction Project Management and Performance
article

Effectiveness of Dispute Resolution Processes in State Departments of Transportation Projects: A Case Study Approach

Ghada M. Gad, Kurt Dettman, Mohammed S. Hashem M. Mehany, Shantanu Kumar, Chaimae Nacir, Husam M. Mohd Ankir
article en

Abstract

Around 10% to 30% of construction projects encounter significant challenges, with over 25% resulting in official claims. When parties are unable to reach a resolution, they resort to the dispute resolution process (DRP) depicted in their contracts, which, if effective, should resolve the dispute timely and fairly. This aper proposes measures to assess the effectiveness of DRPs used by state departments of transportation (DOTs). To achieve this objective, case studies were conducted on seven DOTs’ DRPs, which included content analysis of specification documents and semistructured interviews with various stakeholders. A thematic analysis was further conducted to determine the DRP effectiveness measures. This included primary (team working relationships, consistent industry involvement, DRP adherence, resolving disputes at lowest possible level, timeliness in resolving disputes) and ancillary measures (performance metrics and tracking, training) that affect DRP effectiveness. DOTs can use these measures to assess their DRP effectiveness and focus on areas of improvement. One limitation of this study is that it is limited to the seven cases presented and thus a quantitative assessment method can be further developed to evaluate DRP effectiveness comprehensively.

Journal of Legal Affairs and Dispute Resolution in Engineering and ConstructionVol. 18(2)
California Polytechnic State University (US), African Centre for the Constructive Resolution of Disputes (ZA), Colorado State University (US), California State Polytechnic University (US)
Openalex Percentile: Top 54%
Construction Project Management and Performance
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