The evaluation of construction disputes: A risk approach

O'Reilly, M P and Mawdesley, M J (1994) The evaluation of construction disputes: A risk approach. Engineering, Construction and Architectural Management, 1(2), pp. 103-114. ISSN 0969-9988

Abstract

Disputes frequently occur on engineering and construction projects. In this paper it is argued that these disputes need to be evaluated and managed, with proper attention being paid to planning of time and money. Since the way in which dispute management is approached will depend on the perceived self-interest of the parties, it is imperative that disputants have a sensible measure of their self-interest. Traditional' probabilistic risk assessment techniques are shown to be of assistance and can be used to compute appropriate dispute management strategies. By way of example, a Monte Carlo simulation of a dispute is performed and discussed.

Item Type: Article
Uncontrolled Keywords: arbitration; dispute; evaluation; risk; simulation; uncertainty
Index terms: Monte Carlo simulation, dispute, management strategy, arbitration, construction dispute, risk assessment, construction project
Subjects: production management, financial risk, management, modelling and simulation, dispute resolution
Topics: Business Strategy, Cost Management, Research Practice, Project Management, Legal Issues
Descriptive scope: 3 PCA

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