TY - GEN
T1 - The influence of procurement methods on dispute resolution mechanism choice in construction
AU - Mante, Joseph
AU - Ndekugri, Issaka
AU - Ankrah, Nii
AU - Hammond, Felix
PY - 2012/1/1
Y1 - 2012/1/1
N2 - The success of major infrastructure projects is crucial to economic development. Abstract: Clients expectations that infrastructure projects will meet their objectives are however confronted by hackneyed construction and engineering challenges relating to cost overruns, delays, issues of quality and disputes. In dealing with major construction disputes, the focus has been on the promotion of the use of alternative resolution mechanisms. The discussions in the literature on the subject have, however, failed to align the procurement method with the parties selection of dispute resolution mechanism in the event of disputes. The result of the failure has been cost in terms of resources and relationships. An understanding of the link between procurement methods and DRM will avoid situations where cooperating construction entities end up as adversaries mainly as a result of how disputes between them are resolved. This study reports on the preliminary phase of on-going research into the avoidance/ resolution of major infrastructure project disputes. Initial findings, based on a critical review of the literature and an analysis of DRM provisions in standard forms of contract, show that: (i) The standard contracts have virtually the same provisions on dispute resolution regardless of the procurement method: arbitration, adjudication/dispute board ; (ii) whilst there is ample evidence of the impact of choice of procurement method on project success generally, the literature on the relationship between procurement methods and dispute reduction and resolution is fragmented and of limited direct relevance. What research exists on the subject is primarily confined to an examination of the relationship between procurement methods and dispute frequencies. There are, however, indications from the literature of strong connection between choice of procurement methods and DRM. The implications of the initial findings for the design of the rest of the on-going study are examined.
AB - The success of major infrastructure projects is crucial to economic development. Abstract: Clients expectations that infrastructure projects will meet their objectives are however confronted by hackneyed construction and engineering challenges relating to cost overruns, delays, issues of quality and disputes. In dealing with major construction disputes, the focus has been on the promotion of the use of alternative resolution mechanisms. The discussions in the literature on the subject have, however, failed to align the procurement method with the parties selection of dispute resolution mechanism in the event of disputes. The result of the failure has been cost in terms of resources and relationships. An understanding of the link between procurement methods and DRM will avoid situations where cooperating construction entities end up as adversaries mainly as a result of how disputes between them are resolved. This study reports on the preliminary phase of on-going research into the avoidance/ resolution of major infrastructure project disputes. Initial findings, based on a critical review of the literature and an analysis of DRM provisions in standard forms of contract, show that: (i) The standard contracts have virtually the same provisions on dispute resolution regardless of the procurement method: arbitration, adjudication/dispute board ; (ii) whilst there is ample evidence of the impact of choice of procurement method on project success generally, the literature on the relationship between procurement methods and dispute reduction and resolution is fragmented and of limited direct relevance. What research exists on the subject is primarily confined to an examination of the relationship between procurement methods and dispute frequencies. There are, however, indications from the literature of strong connection between choice of procurement methods and DRM. The implications of the initial findings for the design of the rest of the on-going study are examined.
KW - Collaborative procurement
KW - Construction
KW - Dispute resolution mechanisms
KW - Procurement methods
KW - Project success
UR - http://www.scopus.com/inward/record.url?scp=84911885936&partnerID=8YFLogxK
M3 - Conference publication
AN - SCOPUS:84911885936
T3 - Association of Researchers in Construction Management, ARCOM 2012 - Proceedings of the 28th Annual Conference
SP - 979
EP - 988
BT - Association of Researchers in Construction Management, ARCOM 2012 - Proceedings of the 28th Annual Conference
A2 - Smith, Simon D.
PB - Association of Researchers in Construction Management
T2 - 28th Annual Conference of the Association of Researchers in Construction Management, ARCOM 2012
Y2 - 3 September 2012 through 5 September 2012
ER -