Kyalisiima, C., Tutesigensi, A. orcid.org/0000-0002-5514-1594, Kayondo, M. et al. (1 more author) (2024) Competence as a key factor in causal mechanisms of construction disputes. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 16 (4). 04524026. ISSN 1943-4162
Abstract
Construction disputes appear ubiquitous in megaprojects, but, they are undesirable due to their negative consequences which include project cost escalation and project delays. Reducing, or better still eliminating, disputes in projects is a desirable indicator of project performance. Much of the previous research on construction disputes has focused on identifying general sources of construction disputes and has tended to deal with immediate causes and ignored root causes of construction disputes. Better understanding of construction disputes can be achieved by understanding the entire causation mechanism of construction disputes right from the root cause through to the immediate cause. Such an understanding will facilitate efficient approaches to managing disputes. In this paper we present research undertaken to elucidate root causes of important disputes in one case study of a megaproject in a developing country. Secondary data including project reports, contract documents, minutes of meetings, and project communications were collected and analyzed using inductive thematic analysis. Using the concept of a mechanism, we reveal a root cause of construction disputes, namely, limited competence of internal project stakeholders. Hence, we put a spotlight on the need to improve competence of construction professionals in the areas of construction contracts, procurement management, contract administration, and project governance. We argue that focus on the preceding areas of competence and deployment of these competences throughout the lifecycle of megaprojects will reduce disputes and improve project performance.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | This item is protected by copyright. This is an author produced version of an article accepted for publication in Journal of Legal Affairs and Dispute Resolution in Engineering and Construction. Uploaded in accordance with the publisher's self-archiving policy. This material may be downloaded for personal use only. Any other use requires prior permission of the American Society of Civil Engineers. This material may be found at https://ascelibrary.org/journal/jladah. |
Keywords: | competence, developing countries, disputes, infrastructure, mega projects |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Engineering & Physical Sciences (Leeds) > School of Civil Engineering (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 10 Jun 2024 10:03 |
Last Modified: | 16 Sep 2024 18:59 |
Published Version: | https://ascelibrary.org/doi/10.1061/JLADAH.LADR-11... |
Status: | Published |
Publisher: | American Society of Civil Engineers |
Identification Number: | 10.1061/JLADAH.LADR-1191 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:213220 |