Chan, H-W E (2003) A study of factors relevant to disputes arising in international construction projects involving both European and Asian cultural factors. PhD thesis, King's College London, UK.
Abstract
Construction contract disputes are causing damages to the construction industry and the problem is noted worldwide. International construction projects involve multi-national participants from different political, legal, economic, and cultural backgrounds, which provide further catalyst for dispute occurrence. As one of the major issues affecting the management of international construction projects, culture deserves a wide coverage of research. This study reviews the characteristics of international construction projects and discusses the cultural context in play. It aims to investigate the contractual provisions, which affect the generation of disputes and their resolution in international construction contracts. It investigates how international construction contracts should be structured to reduce the likely incidence of disputes and to facilitate the effective and efficient resolution of disputes, which do arise. A major element of this study is to examine the effect of introducing both European and East Asian elements into the management of projects. The objectives of the study are to address the following questions: 1. What contractual provisions are likely to promote and/or to avoid the types of dispute commonly encountered in international construction contracts? 2. Is there any significant correlation between the existence of both European and East Asian cultural factors and the contractual provisions identified in 1 above? 3. What contractual changes would be most beneficial in the context of contracts with both European and East Asian elements to: a. reduce the likely incidence of disputes b. promote their effective resolution 4. Are non-binding dispute resolution mechanisms (ADR) in an international construction project conducive to achieving the overall project goals? 5. To what extent is this affected by circumstantial factors and in particular, differing cultural factors with respect to European and East Asian participants? 6. Is there any significant correlation for between cultural factors and the preferred choice of dispute resolution mechanisms for international construction projects involving European and East Asian participants?
| Item Type: | Thesis (Doctoral) |
|---|---|
| Uncontrolled Keywords: | construction project; dispute resolution; disputes; international construction project; culture; Europe |
| Index terms: | Europe, dispute, international construction, construction contract, construction industry, resolution, damages, construction project, international construction project |
| Subjects: | conflict resolution, industry analysis, physical geography and landforms, production management, contract type, strategic management, dispute resolution |
| Topics: | Research Practice, Stakeholder Management, International Construction, Project Management, Geographical Context, Procurement, Legal Issues |
| Descriptive scope: | 3 PCT |
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