Whaley, A (2020) Conflict and claims culture in construction. PhD thesis, University of Salford, UK.
Abstract
Construction industry conflict persists despite decades of research on the subject. Incomplete design, ambiguous contract terms and poor contract administration remain common, causing contractors to routinely make claims for additional time and money. The settlement of claims is made more difficult by inadequate record-keeping, exaggerated claimed submissions and partisan attitudes amongst project teams. As a result, claims often lead to escalations in adversarial behaviour, formalised conflict and, ultimately, costly disputes. This thesis explores how conflict around claims emerges in practice and how it influences practitioners' perceptions and behaviours, from an insider-perspective. Through an auto/ethnographic study of the author's practice as a claims consultant in the Gulf Cooperation Council States, the thesis draws on symbolic interactionist theory to explain how practitioners experience claims as projects play out, how they generalise about other practitioner groups and their own in light of these experiences, and how an adversarial "claims culture" can emerge by recurring events common across construction projects. The research found that claims culture is created through carefully tailored interactions constructed based on shared histories of previous projects. The research shows how project culture and behaviour continuously transforms in response to adverse experiences, and it identifies those key events and circumstances that lead to project culture transformations. The author recommends that changes to adversarial industry culture may be brought about by influencing how practitioners perceive other professional groups and themselves, and through modifications to contractual and project structures that could avoid those situations and experiences that often lead to self-reinforcing cycles of conflict and the problems that result. The empirical, insider perspective of this research has value in an academic setting by offering contextual explanations for 'poor' claims management practice framed in the view of practitioners, while being grounded in sociological theory.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Uncontrolled Keywords: | culture; project team; construction project; contract terms; claims culture; claims management; contract administration; disputes; consultant; professional |
| Index terms: | construction industry, interaction, project team, dispute, transformation, contract administration, contract term, history, Gulf cooperation council, management practice, construction project, practitioner, adversarial behaviour, claims culture |
| Subjects: | business, dispute resolution, project delivery, architectural and construction history, institutional frameworks, management, contractual condition, conflict resolution, industry analysis, contractual relationship, practitioner, production management, contract management, behavioral psychology |
| Topics: | Project Management, Legal Issues, Governance, Roles and Professions, Stakeholder Management, Research Practice, Business Strategy, Contract Administration |
| 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