Ye, Y X; Shan, M; Gao, X; Li, Q and Zhang, H (2024) Examining causes of disputes in subcontracting litigation cases using text mining and natural language processing techniques. International Journal of Construction Management, 24(15), pp. 1617-1629. ISSN 1562-3599
Abstract
Disputes are common and widespread in subcontracting practices and would ultimately lead to litigation resulting in significant negative consequences including delay, increased cost, and tarnished reputation of contracting parties. Although considerable studies have analyzed disputes in construction projects, research efforts still fall short in investigating causes of disputes in subcontracting practices. To bridge the knowledge gap, this paper investigated the causes of disputes in subcontracting practices by automatically examining 3150 litigation cases that are publicly available in China using text mining and NLP (natural language processing) techniques. Documents of litigation cases were presented into vectors by data preprocessing and vector presentation. Clustering analysis of the data was conducted by using an improved K-Means model, K-Means++. Finally, 37 causes of disputes were discovered in the subcontracting litigation cases. Results showed that variations due to unforeseen circumstances, labor service issues from subcontractors, disagreement on engineering quantities between subcontractors and other contracting parties, invalid signature of subcontractors for obtaining more payment, payment issues between subcontractors and clients or general contractors, contradictory on the return of performance bond, disagreement on the interest of late payment, and arrears issues suffered by subcontractors were the top eight significant causes of disputes in subcontracting practices in China. This study contributes by systematically exploring the causes of disputes in subcontracting practices using automated text analysis approaches instead of manual content analysis. The findings of this study can provide construction practitioners a deeper understanding of disputes in subcontracting and thereby helping them increase their capacity to handle disputes.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | causes of disputes; litigation cases; natural language processing; subcontracting practices; text mining |
| Index terms: | litigation, subcontracting, variation, text analysis, content analysis, mining, contracting party, subcontractor, clustering, late payment, general contractor, construction practitioner, construction project, performance bond, China, dispute, documents |
| Subjects: | practitioner, geotechnical engineering, Geography, organization, data analysis and analytics, contractual condition, dispute resolution, production management, professional development, payment, analytical methods, data science |
| Topics: | Geographical Context, Contract Administration, Information Management, Legal Issues, Project Management, Roles and Professions, Digital Applications, Supply Chain Management, Engineering Principles, Research Practice |
| Descriptive scope: | 2 PA |
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