Developing a framework to minimize the occurrence of construction conflict and disputes in different procurement strategies: An initial review of literature

Tajul Ariffin H L and Sutrisna, M (2010) Developing a framework to minimize the occurrence of construction conflict and disputes in different procurement strategies: An initial review of literature. In: Egbu, C (ed.) Proceedings of 26th Annual ARCOM Conference, 6-8 September 2010, Leeds, UK.

Abstract

The selection of the procurement system leading to the decision of contractual agreement to be adopted has been a popular research focus over the last two decades. Different kind of disputes concerning construction contracts have occurred and becoming increasingly common. However, it was also evident that current research in the construction contract management appears to pay more attention towards the dispute resolution rather than preventing conflict and disputes to occur in the first place. In light of this, a PhD research project has been set aiming to minimize conflict and disputes in construction contracting. As an integral part of the on-going investigation, a thorough study encompassing a critical review of reported cases as well as research that has been conducted for the past two decades on the conflict and disputes in construction contracting have been conducted and the findings are presented in this paper. Various conflict and disputes are grouped within different procurement systems and analysed against the characteristics of the relevant procurement systems in order to determine direct and/or indirect links. The findings capture the relationship between characteristics of the procurement system and the types of conflict and disputes occurred in the construction industry that can be used as a platform for the development of a framework to minimize their occurrences in different procurement scenarios.

Item Type: Conference Paper (Paper)
Uncontrolled Keywords: conflict; disputes; procurement
Index terms: procurement strategy, dispute, platform, becoming, resolution, construction industry, construction contract, investigation, procurement system
Subjects: contractual arrangements, data collection methods, contract type, dispute resolution, conflict resolution, industry analysis, philosophical process, digital design
Topics: Legal Issues, Digital Applications, Research Practice, Procurement, Stakeholder Management
Descriptive scope: 4 PCTA

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