An aetiology of construction disputes

Fenn, F P (1999) An aetiology of construction disputes. PhD thesis, University of Manchester, UK.

Abstract

This thesis investigates disputes between contracting parties to construction projects in the United Kingdom (UK). The overall aim of the thesis is to investigate the aetiology of construction disputes. Within that aim measurable objectives are set; to investigate the incidence of dispute; to review the literature on the causes of disputes and to discuss the role of scientific explanation in the study of disputes.In order to investigate aetiology, taxonomies are developed for both construction disputes and the causes of disputes. The usefulness of scientific classification via taxonomy is described as a natural framework for the organisation of study.The received wisdoms that construction: is plagued by contractual disputes; that the occurrence of dispute has risen recently, and continues to rise; and that the performance of the industry is adversely affected are investigated. Descriptive statistics are provided by the data collected and it is suggested that 2.5% of construction contracts end in arbitration and 3.4% in litigation.The thesis discusses the absence of scientific method in the existing published research into causes of construction disputes, and argues that prediction can only be brought about by rigorous research and analysis. The concept of the impossibility of scientific proof is discussed, and the pragmatic techniques employed in medical research are suggested as a checklist to confirm causal relationships and explanations.A predictive model is developed; the occurrence of disputes on construction projects is predicted from the manipulation of independent variables identified by the taxonomies designed. Data is collected from completed construction projects via questionnaires; and via linear regression a predictive model containing just 3 independent variables is produced. Statistical tests indicate that the model works well by explaining the observed variability in dispute occurrence.Recommendations are made for further research.

Item Type: Thesis (Doctoral)
Uncontrolled Keywords: taxonomy; arbitration; disputes; UK; United Kingdom; construction project
Index terms: litigation, variability, contracting party, independent variable, questionnaire, arbitration, taxonomy, construction contract, construction project, construction dispute, dispute, statistical test, taxonomies, statistics, United Kingdom
Subjects: knowledge organization and systems, dispute resolution, mathematical modelling, Geography, statistical analysis, production management, contract type, data analysis and analytics, data collection methods, practitioner
Topics: Information Management, Procurement, Geographical Context, Research Practice, Project Management, Legal Issues, Roles and Professions
Descriptive scope: 3 PCA

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