Tackling the impacts of covid-19 on construction projects: An exploration of contractual dispute avoidance measures adopted by construction firms

Salami, B A; Ajayi, S O and Oyegoke, A S (2023) Tackling the impacts of covid-19 on construction projects: An exploration of contractual dispute avoidance measures adopted by construction firms. International Journal of Construction Management, 23(7), pp. 1196-1204. ISSN 1562-3599

Abstract

This study explores the measures that construction businesses are putting in place to mitigate the risks of litigation associated with potential contract breaches due to COVID-19. Field study and survey research was used to accumulate data for the preliminary study phase, whose results were used in the construction of the research questionnaire to elicit responses for the qualitative study phase. Using descriptive statistics, exploratory factor analysis and reliability analysis, data from the quantitative research study phase was analysed to reveal the top and underlying strategies adopted by the construction firms in avoiding contractual disputes. These adopted strategies include maintaining good relationship with contractual partners, quick report of any potential for dispute, collaboration with contractual parties for goodwill, early decision on site closure and studying of contractual terms for notice period information. Following the discussion on the underlying measures, the top-rated adopted strategies were identified and discussed in the paper. This study provides an opportunity to learn from the measures adopted by construction firms in avoiding contractual disputes precipitated by the Covid-19 pandemic. This will aid the companies in minimizing risks, reduce spending and uncertainties in order to focus attention on maintaining existing contractual relationships to secure future businesses.

Item Type: Article
Uncontrolled Keywords: collaboration; contract; coronavirus; covid-19; dispute avoidance; disputes; pandemic; project; relationship
Index terms: questionnaire, construction project, collaboration, contractual relationship, exploration, contractual term, field study, exploratory factor analysis, COVID-19, survey, construction firm, strategy, coronavirus, statistics, reliability analysis, quantitative research, pandemic, litigation, qualitative study, dispute
Subjects: data analysis and analytics, environmental resource management, dispute resolution, reliability engineering, organization, research design and methodology, contractual relationship, mathematical modelling, data collection methods, statistical analysis, health conditions and diseases, production management, research methods, contract structure, management, health risk and incident analysis
Topics: Sustainability, Engineering Principles, Project Management, Research Practice, Health and Safety, Business Strategy, Organizational Design, Contract Administration, Legal Issues
Descriptive scope: 5 PCTEA

N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here