Abotaleb, I S (2018) Construction dispute mitigation: quantitative and qualitative analytic approach with a focus on bidding, out-of-sequence work, and contract analysis. PhD thesis, University of Tennessee, USA.
Abstract
The complexity of today’s construction projects deems conflicts and disputes unavoidable. The mere presence of disputes leads to productivity losses, schedule overruns, cost overruns, and quality decline. Moreover, failure to resolve disputes in a quick manner ripples these impacts and prevents successful completion of projects. Accordingly, preventing disputes prior to taking place is always better than resolving them after the fact. There are several factors that cause disputes. However, this dissertation focuses on those related to bidding, out-of-sequence (OOS) work, and contract administration of owner’s obligations, due to the significant knowledge gaps that were identified in their research streams.The goal of this research is to cover the identified knowledge gaps by providing various effective quantitative and qualitative means of dispute mitigation at the different stages of the project’s lifecycle. To this end, the research has four main objectives; each corresponding to one of the identified major knowledge gaps. The objectives are: (1) develop an advanced model for construction bid price estimation that is able to draw sound statistical inferences even in cases of data incompleteness and dynamic behaviors of competitors; (2) present contract administration guidelines for utilizing employer’s obligations clauses under the most widely used national and international standard forms of design-build contracts; (3) identify the causes and early warning signs of OOS work and their characteristics, as well as the best practices to avoid and mitigate its impacts, and (4) develop an advanced systematic model for analyzing the dynamics of OOS.The objectives were achieved through multiple analytical quantitative and qualitative methods; utilizing Bayesian statistics, decision theory, contractual examinations, surveys and meetings, statistical analysis, decision support systems, and system dynamics simulation. The research has various intellectual merits as it tackles important research areas that have not been explored before and improves areas which needed improvement. The research also has practical merits as it provides project stakeholders with models and tools that are used in multiple stages of the project cycle to mitigate disputes. The intellectual and practical outcomes of this research will partake in further understanding construction projects, minimizing disputes at different stages, and promoting healthier contracting
| Item Type: | Thesis (Doctoral) |
|---|---|
| Thesis advisor: | El-adaway, I H |
| Uncontrolled Keywords: | complexity; decision support; failure; decision theory; bidding; conflicts; contract administration; disputes; lifecycle; Bayesian statistics; productivity; statistical analysis; simulation; cost overrun; best practice; project stakeholder; stakeholder |
| Index terms: | contract administration, schedule overrun, estimation, statistical analysis, cost overrun, dispute, owner, productivity, lifecycle, presence, dynamics, best practice, construction dispute, dissertation, decision support, qualitative method, early warning, survey, mitigation, project stakeholder, stream, construction project, system dynamics, bidding, Bayesian statistics, complexity, decision theory |
| Subjects: | bidding, environmental science, research dissemination and communication, production management, financial risk, contract management, data science, project delivery, financial and cost management, data collection methods, business, research design and methodology, computing systems, dispute resolution, project controls, decision analysis, sociology, systems engineering, statistical analysis, management, water management |
| Topics: | Time Control, Contract Administration, Digital Applications, Stakeholder Management, Business Strategy, Cost Management, Research Practice, Legal Issues, Risk Management, Procurement, Sustainability, Project Management, Engineering Principles |
| 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