Conflicts and alternative solutions: How hostilities obstruct alternative solutions

For construction projects are often very complex, changes to the design frequently have far-reaching consequences not only within the design but also beyond. Hence, changes to the design open numerous opportunities to file claims from the parties involved in the construction project. Within my auto-ethnographic study, I observed project managers being reluctant to pursue innovative building solutions lest other parties in the project could file claims against them. Therefore, I seek to explore the contingencies between claims culture and innovation.Using personal observation from my business practice as owner of a construction company, I seek to explore these contingencies between claims culture and the pursuit of innovation. I provide and analyse examples from my perspective as an employer on construction projects to problematise these contingencies. Further, I describe incidents where innovations were fostered and where potentials for creative solutions were not used in order to illustrate the effect of a claims culture in more depth.My experience suggests that the fear of claims and the way of handling them inhibits stakeholders from proposing alternative solutions. Consequently, the claims culture appears to be a stark hindrance to innovation in the construction industry. Within my field-notes, I can demonstrate that a strong focus on contractual provisions and obligations leads the involved persons to refrain from suggesting new or creative solutions while the project unfolds. Whereas an attitude of care and responsibility seems to have the opposite effect. Moreover, the effects of a caring and responsible approach surface the most within project teams of great power imbalance. Although I present practitioner research, which often is solution orientated, I focus on describing and understanding the problem from my personal perspective. Rather than providing solutions, I offer ideas for fostering innovative designs.