Amoo, O; Lukman, Y and Musa, N (2022) Dispute resolution methods adopted by contractors during COVID-19 in eastern cape South Africa: A case study. Journal of Construction Business and Management, 5(2), pp. 54-67. ISSN 2521-0165
Abstract
Over the past months, the socioeconomic consequences of the ravaging COVID-19 pandemic reverberated through and affected all segments of life. The construction industry is not left out. The severe impacts of COVID-19 have not only witnessed tragic human losses but have also caused colossal devastating implications for construction procurement and general contract condition. The study examined the dispute resolution methods adopted by contractors in Eastern Cape, South Africa, during the COVID-19 experience to determine their appropriateness and effectiveness. The study employed a snowballing, purposive, non-probability sampling technique with a mixed research design driven by respondents' participatory action. Twelve senior personnel were interviewed, while questionnaires were administered to 30 referred employees on the sites. XLSTAT statistical software and thematic analysis were used for the aggregated questionnaire and qualitative respondents' interviews in drawing inferences. The results revealed that an interest-based rather than a right-based approach are two sides of a coin that can make or mar the wheel of progress in arriving at an amicable agreement to contract terms in construction. The need for re-negotiation in billing, which is at variance with the various construction claim, cannot be over-emphasised. At the same time, the intuitive assertions of negotiation, mediation, and conciliation were used in resolving unforeseen delays, claims, and added costs due to disruptions of COVID-19. The study's main contribution lies in mastering and deploying appropriate dispute resolution methods in project execution. The study is of utmost importance in planning, restoring, and deriving optimal societal benefits from conflict management amidst the adverse effect of Covid -19 on any construction project.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | COVID-19; personnel; construction project; contract terms; conciliation; conflict management; construction procurement; dispute resolution; mediation; negotiation; South Africa; thematic analysis; case study; employee; interview |
| Index terms: | negotiation, construction industry, resolution, construction procurement, effectiveness, sampling, dispute, research design, case study, contract term, variance, pandemic, contract condition, construction claim, South Africa, conciliation, thematic analysis, questionnaire, construction project, drawing, mediation, COVID-19, personnel, interview, conflict management |
| Subjects: | contract structure, health risk and incident analysis, management, performance management, methods and analysis, contractual condition, Geography, production management, conflict resolution, payment, measurement and scaling, industry analysis, data collection methods, research design and methodology, dispute resolution, technical documentation, contractual arrangements |
| Topics: | Stakeholder Management, Procurement, Health and Safety, Research Practice, Geographical Context, Project Management, Contract Administration, Legal Issues, Design Practice, Quality Management, Human Resources |
| 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