Qadir, N; Brooks, T and Quigg, E (2023) Potential for construction statutory adjudication in Pakistan: taking lessons from the UK. Proceedings of Institution of Civil Engineers: Management, Procurement and Law, 177(2), pp. 91-102. ISSN 17514304
Abstract
This study examines the UK’s statutory adjudication process to identify the possible benefits of the introduction of a similar system in Pakistan with the assumption of having the full support of all three wings of the Pakistani government for the resulting legislative reforms. The study of potential hurdles in detail is outside the scope of this study. A literature review, summarised within the paper, was undertaken to identify factors contributing to conflicts in Pakistan’s construction sector and the reasons behind the inefficiency of the present dispute resolution methods. Data were collected using nine semi-structured interviews of industry professionals from (both) Pakistan and the UK. Each interview was analysed through cognitive mapping and central and domain analysis using the Banxia Decision Explorer software. Later, a questionnaire asked professionals working with contractors/subcontractors in Pakistan regarding the potential success of the introduction of statutory adjudication in Pakistan. The preamble of the questionnaire defined the basics of statutory adjudication for the participants. The 70 valid responses received were then analysed using the Statistical Package for Social Sciences software. This research showed that payment issues are the biggest source of disputes in Pakistan’s construction sector. The financially weaker party is often subjugated to be deprived of its rights, mostly due to the absence of an accessible justice system. The introduction of statutory adjudication could be beneficial for Pakistan’s construction sector, as it will provide an accessible, cost-efficient and swift method of dispute resolution.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | adjudication; construction management; contracts & law; disputes & arbitration |
| Index terms: | arbitration, resolution, social science, cognitive mapping, dispute, package, adjudication, statutory adjudication, subcontractor, construction sector, questionnaire, Pakistan, literature review, justice, interview |
| Subjects: | dispute resolution, data collection methods, data analysis and analytics, industry analysis, conflict resolution, practitioner, legal systems, contractual arrangements, Geography, theoretical framing, cognitive psychology |
| Topics: | Roles and Professions, Stakeholder Management, Research Practice, Procurement, Geographical Context, Legal Issues |
| 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