Special Issue "The Evolution of Construction Dispute Resolution"

A special issue of Buildings (ISSN 2075-5309). This special issue belongs to the section "Construction Management, and Computers & Digitization".

Deadline for manuscript submissions: closed (31 August 2023) | Viewed by 5615

Special Issue Editor

Department of Architecture, University of Strathclyde, Glasgow G1 1XQ, UK
Interests: construction law; building control; regulation

Special Issue Information

Dear Colleagues,

Construction disputes by their very nature are often complex, sometimes multiparty disputes, many of which are not suited to either adjudication or traditional form of litigation (these being potentially slow, expensive, and divisive). The sheer complexity of construction disputes often leading to expensive, time-consuming, and stressful paths being trodden through the traditional resolution terrain creates a compelling case for the introduction of alternative approaches within this adversarial industry. In recent years, governments and key players in commerce have emerged as advocates of mediation as a first-choice method of settling disputes. While accepting that arbitration has long been one of the most commonly used forms of final dispute resolution for construction and engineering projects, the value of mediation has also been widely acknowledged worldwide, as evidenced by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes prior to litigation.

Notwithstanding the growing interest in mediation, one of the key trends within the dispute resolution arena is the adoption of multitiered procedures that combine arbitration with other forms of ADR, or through alternative methods of structuring the arbitration procedure, allowing it to be managed more effectively.

This Special Issue will consider these and other issues associated with the development and evolution of dispute avoidance and alternative dispute resolution within the context of contractual provisions and national civil justice systems. Academic contributions are particularly welcome in, but are not limited to, the following topic areas:

  • The role of project sponsors, contractors, and designers in the development of dispute avoidance strategies;
  • The transformative potential of technology in mediation and arbitration;
  • The Singapore convention and the enforcement of transnational mediated settlement agreements;
  • Transforming the adversary position of parties in the construction process;
  • Increasing transparency in the arbitrator and mediator selection process.

Dr. Andrew Agapiou
Guest Editor

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All submissions that pass pre-check are peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a single-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Buildings is an international peer-reviewed open access monthly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. The Article Processing Charge (APC) for publication in this open access journal is 2600 CHF (Swiss Francs). Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • disputes
  • mediation
  • arbitration
  • adjudication
  • alternative dispute resolution
  • conflict avoidance and prevention

Published Papers (4 papers)

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Editorial

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Editorial
Overcoming the Legal Barriers to the Implementation of Smart Contracts in the Construction Industry: The Emergence of a Practice and Research Agenda
Buildings 2023, 13(3), 594; https://doi.org/10.3390/buildings13030594 - 23 Feb 2023
Cited by 2 | Viewed by 1693
Abstract
The construction industry is one of the most critical sectors of the global economy, contributing significantly to economic growth and job creation [...] Full article
(This article belongs to the Special Issue The Evolution of Construction Dispute Resolution)

Research

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Article
Defect Repair Deposit and Insurance Premium for a New Home Warranty in Korea
Buildings 2023, 13(3), 815; https://doi.org/10.3390/buildings13030815 - 20 Mar 2023
Cited by 1 | Viewed by 800
Abstract
Disputes due to defects in newly built houses are increasing worldwide. A house builder is responsible for repairing any defects in a newly built house. However, since house builders’ risk of closure and bankruptcy are increasing due to aggravated disputes and economic crises, [...] Read more.
Disputes due to defects in newly built houses are increasing worldwide. A house builder is responsible for repairing any defects in a newly built house. However, since house builders’ risk of closure and bankruptcy are increasing due to aggravated disputes and economic crises, builders may become insolvent and fail to perform defect repairs. In preparation for this, many countries have established defect repair deposit or guaranty insurance systems; however, the standards for these systems are not based an objective evidence since the current standards were arbitrarily established during industrialization. It has been pointed out that Korea’s housing defect repair deposit has been set excessively high and is being abused in disputes. Based on dispute cases in Korea, this study analyzed housing construction costs, deposits, and defect repair costs, resulting from lawsuits due to defects. The results confirmed that the defect repair deposit has been set too high compared to incurred defect repair costs. In addition, it was found that the guaranty insurance premium in lieu of the housing defect repair deposit was excessive compared to the damage caused by builder insolvency. In order to improve this, in this study, we proposed two alternative plans in which the housing defect repair deposit was set at a certain percentage of the construction cost based on the current Korean standard. In addition, based on the concept of different deposit levels using the scale of housing construction, such as in Australia and Canada, two additional alternative plans with different deposit ratios for each scale of housing construction were presented. The comparison results for housing defect repair deposits and guaranty insurance premiums based on the four presented alternative plans accompanied by actual cases showed that all the alternative plan deposits were higher than the actual defect repair costs. Even in the case of a guaranty insurance premium, the level was at least twice as high as the damage caused by builder insolvency. Therefore, all the alternative plans can fulfill their original role of protecting homeowners in the case of builder insolvency. At the same time, reducing the guaranty insurance premium to reflect the cost of housing construction is possible, and would benefit both house builders and home buyers. The results of this study are valuable as a reference for other countries considering establishing or revising a housing defect repair deposit system. Specifically, these findings, which analyzed the case of Korea’s socioeconomic changes as it transitioned from a developing country to a developed country, can provide important information for many developing countries operating housing defect repair deposit policies and systems. Full article
(This article belongs to the Special Issue The Evolution of Construction Dispute Resolution)
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Article
Legal Challenges and Public Procurement in Construction in Northern Ireland
Buildings 2023, 13(3), 773; https://doi.org/10.3390/buildings13030773 - 15 Mar 2023
Viewed by 994
Abstract
Public procurement in the construction sector has been an historic problem in Northern Ireland (NI), to the extent that a public inquiry was held on the matter, including investigating why legal challenge are prevalent, and its findings reported in 2010; a 2019 NI [...] Read more.
Public procurement in the construction sector has been an historic problem in Northern Ireland (NI), to the extent that a public inquiry was held on the matter, including investigating why legal challenge are prevalent, and its findings reported in 2010; a 2019 NI Audit Office report into several major construction projects in NI highlighted legal challenges contributing to project delay, suggesting that perhaps there have not been improvements in relation to legal challenges since the public inquiry. This paper aims to ascertain the frequency of public procurement legal challenges in the construction sector in NI, not just the frequency of court cases, but any challenge to public procurement that delays projects. A multi-phase, mixed methods approach was adopted including a literature review, interviews and questionnaire surveys of procuring and contracting organisations to provide details of all forms of legal challenges, to understand why they challenge procurement decisions and to ascertain views on how public procurement is managed in Northern Ireland. The data reveal that approximately 40 out of 1488 procurement exercises in the last 7 years have had some form of legal challenge. The results also indicate that legal challenges are not as prevalent as the contracting side of the construction industry in NI believes them to be and suggest that the legacy from the public inquiry era around 2008–2012 continues to cloud perceptions of public procurement in NI. The analysis also reveals that the challenging political environment, issues with quality assessment and abnormally low tenders have been the main contributory factors to the rise in legal challenges to public procurement in construction in Northern Ireland. Full article
(This article belongs to the Special Issue The Evolution of Construction Dispute Resolution)
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Article
Forensic Analysis of the Disputes Typology of the NSW Construction Industry Using PLS-SEM and Prospective Trend Analysis
Buildings 2022, 12(10), 1571; https://doi.org/10.3390/buildings12101571 - 30 Sep 2022
Cited by 1 | Viewed by 1236
Abstract
Project claim management is the central pillar of the overlapping areas of contract administration, contract law and building regulations. Delays caused by inefficiency of the procedures designed to avoid disputes emerge at the pre-project phase and continue during construction. The quantum of research [...] Read more.
Project claim management is the central pillar of the overlapping areas of contract administration, contract law and building regulations. Delays caused by inefficiency of the procedures designed to avoid disputes emerge at the pre-project phase and continue during construction. The quantum of research addressing this issue is not immediately transferrable between jurisdictions, mainly due to local specificity of construction practices, contract and construction laws, as well as clients’ preferences. The primary aim of this study is to identify the underlying causes of disputes that have arisen in the NSW construction industry in the past two decades and to analyze the inter-relationships between the causes. To achieve this purpose, PLS-SEM quantitative models were utilized to study different factors influencing disputes. Through a detailed quantitative analysis of 230 cases, based on dispute frequencies, causes and effect analysis and the resultant loop cause diagrams, the dispute triggers, types, and root causes have been analyzed as the basis for developing a model to predict the future likelihood of disputes. Finally, 13 causes of disputes have been recognized as the main causal factors in the construction projects in NSW. This study also has shown that payment and reimbursement-related disputes are the most frequent in NSW construction, except for the last two years. Full article
(This article belongs to the Special Issue The Evolution of Construction Dispute Resolution)
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