Decision-Making Governance Platforms for the Progression of Construction Claims and Disputes

Abdul-Malak, Mohamed-Asem; Srour, Ali; Demachkieh, Farah

doi:10.1061/(asce)la.1943-4170.0000412

Cited by 9 publications

(5 citation statements)

References 29 publications

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“…Especially, there are many support models to solve claim and dispute issues in construction, such as a proposed system for avoiding construction disputable claims (Mitropoulus and Howell, 2001; Mohamed et al. , 2014), the decision-making governance platforms for the progression of construction claims and disputes (Abdul-Malak et al. , 2020), a causal model of disputes (Kumar Viswanathan et al.…”

Section: Literature Reviewmentioning

confidence: 99%

“…The majority of previous research on claims/disputes have gone much beyond the discovery of claim causes (Kumaraswamy, 1997;Enshassi et al, 2009;Sibanyama et al, 2012;Stamatiou et al, 2018;Parikh et al, 2019;Jalal et al, 2019;Le-Hoai et al, 2019;Illankoon et al, 2019;Saseendran et al, 2020;Tanriverdi et al, 2021), outcomes of construction claims (Chaphalkar et al, 2015), causes and effects of claims/disputes (Aryal and Dahal, 2018;Zaneldin, 2020). Especially, there are many support models to solve claim and dispute issues in construction, such as a proposed system for avoiding construction disputable claims (Mitropoulus and Howell, 2001;Mohamed et al, 2014), the decision-making governance platforms for the progression of construction claims and disputes (Abdul-Malak et al, 2020), a causal model of disputes (Kumar Viswanathan et al, 2020) and a hybrid fuzzy logic-SEM model for dispute probability evaluation (Naji et al, 2020).…”

Section: Literature Review 21 Research Overview Of Variation Orders C...mentioning

confidence: 99%

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Relationship networks between variation orders and claims/disputes causes on construction project performance and stakeholder performance

Tien

Nguyen

2022

ECAM

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PurposeThis study aims to examine the mutual influence of causes of variation orders (VOs), claims/disputes (CDs) on project performance (PP) and stakeholder performance (SP).Design/methodology/approachFirstly, this study identifies the VOs, the CDs, criteria for measuring the PP and criteria for measuring the SP. Then, a survey questionnaire is created to collect data from stakeholders in construction projects. Using the factor analysis method, this study discovers the constructs of the VOs, CDs, PP and SP. The relationships among the constructs are then uncovered using a structural equation model.FindingsThe research findings confirm that the VOs and CDs have a direct effect on the PP, as well as the PP’s effect on SP, whereas the VOs and CDs have no effect on the SP. It is strongly recommended that critical factors such as poor management, construction method change, design/scope problems, uncontrollable objective problems, impediment problems, lack of commitment among parties and lack of experience and competence of parties should be given special attention to improve the SP.Originality/valueThe results of the study fill the gap in knowledge by examining the mutual influence of the VOs, the CDs, the PP and the SP. Discovering the mutual influence will assist managers in improving the PP and the SP.

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Section: Literature Reviewmentioning

confidence: 99%

Section: Literature Review 21 Research Overview Of Variation Orders C...mentioning

confidence: 99%

Relationship networks between variation orders and claims/disputes causes on construction project performance and stakeholder performance

Tien

Nguyen

2022

ECAM

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“…Construction contracts generally allow the contractor to submit claims for time extension and/or reimbursement of additional costs and the employer to raise claims against the contractor [4]. Claims can evolve into disputes if they are not settled or if the decision outcome conflicts with the expectation of the party raising the claim [30].…”

Section: Claims and Disputes Resolution Managementmentioning

confidence: 99%

“…Poor CCA can arise as a result of the individual or collective occurrence of misinterpretation, misapplication, negligence, or refusal to operate the contractual codified provisions and associated mechanisms [4]. This is normally accompanied by a proliferation of documentation, however, the information contained in the documentation often tends to be incomplete.…”

Section: Introductionmentioning

confidence: 99%

A Systematic evaluation of blockchain-enabled contract administration in construction projects

Msawil

Greenwood

Kassem

2022

Automation in Construction

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“…Several factors are perceived to improve claim management at the organisational level, including (1) considering the hard and soft categories of claims [11]; (2) directing the relationship between roles of the organisation's various units and the claim administration [12];…”

Section: Introductionmentioning

confidence: 99%

Developing a Reference Framework for Claim Management Office: A Multi-Method Approach of an International Construction Firm

2023

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A claim management office (CMO) is a new intra-organisation fit based on an organisational project management (OPM) approach and deals specifically with improving claim performance. However, CMOs are either misunderstood or often overlooked in construction companies, mainly due to ignorance of the OPM context but further exacerbated by a lack of real case study research on how to adopt CMOs in these organisations. To address this knowledge gap, this present study integrates organisational ambidexterity with X-inefficiency theory (due to organisation intra-firm irrational decisions when managing such claims) to generate a reference framework for the CMO by probing its implementation within an international construction firm. A multi-method approach, including a single case study (a firm which adopted a CMO) and internal and external expert panels, was used for sampling, data collection, analysis and validation of the framework. The reference framework provides new perspectives on how construction-related companies and practitioners can adopt a CMO structure, which enables them to improve claims performance by planning in three interrelated activities, viz. function-, process- and performance-based. Theoretically, findings also contribute to the X-inefficiency and organisational ambidexterity theories, specifically, how different influences among the reference framework’s elements lead to better organisational claim performance as a plausible roadmap for future work.

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Decision-Making Governance Platforms for the Progression of Construction Claims and Disputes

Cited by 9 publications

References 29 publications

Relationship networks between variation orders and claims/disputes causes on construction project performance and stakeholder performance

Relationship networks between variation orders and claims/disputes causes on construction project performance and stakeholder performance

A Systematic evaluation of blockchain-enabled contract administration in construction projects

Developing a Reference Framework for Claim Management Office: A Multi-Method Approach of an International Construction Firm

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