Impacts of global pandemics on construction projects and dispute resolution provisions

Osman, I A (2022) Impacts of global pandemics on construction projects and dispute resolution provisions. PhD thesis, University of Illinois at Chicago, USA.

Abstract

In March 2020, the World Health Organization (WHO) declared the novel coronavirus disease (COVID-19) outbreak a global pandemic. The declaration compelled government officials across the globe to implement all-encompassing measures to combat the spread of the COVID – 19. These measures shut down many businesses, schools, and industries. The COVID-19 pandemic has profoundly impacted the construction industry; the full extent and scope of which are still being felt and evaluated. These impacts are presented in many forms; chief among them are the practical and legal repercussions of the pandemic that raised the question of “Who will bear the responsibility for the construction projects´ schedule delays and cost overruns?" To that end, this dissertation executes a thorough review of the construction industry contracts to investigate and propose creative and more efficient claims and dispute resolution techniques. This research further investigates the matter by conducting surveys and interviews with the subject matter experts and analyzes the impacts of COVID – 19 on construction projects and the contract provisions. The analyses concluded that the COVID -19 pandemic is an exceptional event beyond the party’s control, thus, protecting contractual parties from performing their contractual obligations. Furthermore, the analysis differs on whether the parties should be granted a time extension, additional compensation, or both vis-à-vis the cost and schedule impacts of the delays caused by the global pandemics

Item Type: Thesis (Doctoral)
Thesis advisor: Ataei, H and Mohammadian, A
Uncontrolled Keywords: schools; dispute resolution; government; cost overrun; construction project; interview
Index terms: construction industry, compensation, dissertation, resolution, coronavirus, cost overrun, dispute, schedule delay, pandemic, outbreak, construction project, survey, COVID-19, interview
Subjects: industry analysis, health conditions and diseases, project controls, conflict resolution, health risk and incident analysis, financial and cost management, dispute resolution, data collection methods, production management, research dissemination and communication
Topics: Legal Issues, Health and Safety, Project Management, Time Control, Cost Management, Research Practice, Stakeholder Management
Descriptive scope: 4 PCTE

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