This paper is concerned with identifying universal criteria for prequalification and bid evaluation, and the means by which different emphases can be accommodated to suit the requirements of clients and projects. The information, assessment and evaluation strategies currently used by procurers for screening contractors are considered, and the results are reported of an extensive literature review and a Delphic interview study with a small select sample of construction professionals with extensive experience in prequalification and bid evaluation processes. The findings indicate that the most common criteria considered by procurers during the prequalification and bid process are those pertaining to financial soundness, technical ability, management capability, and the health and safety performance of contractors.

Criteria for contractor selection

Leveraging a longitudinal dataset concerning 102 inter-firm disputes, we evaluate the effects of contract structure on trust and on the likelihood of continued collaboration. We theoretically refine and empirically extend prior research by (a) distinguishing between control and coordination functions of contracts, (b) separating goodwill-based and competence-based trust, and (c) evaluating the effects of contract structure on relational outcomes in the context of disputes. We find that control provisions increase competence-based trust, but reduce goodwill-based trust, resulting in a net decrease in the likelihood of continued collaboration. Coordination provisions increase competence-based trust, leading to an increased likelihood of continued collaboration.

Trust and collaboration in the aftermath of conflict: the effects of contract structure

Natural language processing for smart construction: Current status and future directions

A critical review of text-based research in construction: Data source, analysis method, and implications

Claims and disputes occur frequently in the construction industry between different contracting parties, mainly the owner, the designer and the contractor. Consequently, valuable time and a significant amount of money are lost. The United Arab Emirates (UAE) construction industry, one of the most vibrant sectors globally, is experiencing a high level of construction disputes and claims. This paper aims to identify and assess the major causes of disputes in the UAE and weigh the effectiveness of the methods used for their avoidance and resolution. The sources of disputes, and their avoidance/resolution methods, were identified through a comprehensive literature review. A survey was then developed and sent to 150 construction professionals. Fifty-four responses were received and analyzed. The results show that the top five sources of disputes in the UAE are variations initiated by the owner, obtaining permit/approval from the municipality and other governmental authorities, material change and approval during the construction phase, the slowness of the owner in decision-making, and the short time available during the design phase. As for the avoidance and the resolution method, the most effective method was found to be negotiation.

https://www.mdpi.com/2075-5309/10/10/171/pdf

Construction Disputes in the UAE: Causes and Resolution Methods

In the last few decades, the topic of alternate forms of dispute resolution in construction projects has received considerable interest from researchers and practitioners because of the imp...

Litigation in Construction Contracts: Literature Review

Disputes are a common occurrence between parties to construction contracts all over the world. Disputes affect project progress and strains relationship among parties to a contract. Dispute...

Litigation Proneness of Dispute Resolution Clauses in Construction Contracts

PurposeStrong and independent judiciary symbolizes transparency and impartiality in the dispute resolution process. However, litigation is often time-consuming and affects the working relationship between the disputants. In the construction context, where projects typically have a short life span of three to four years, dispute resolution through litigation induces unaffordable process delays. Despite the inherent challenges associated with litigation, it is observed that disputing parties resort to litigation. This behavior, called the litigation dilemma, ostensibly appears counterintuitive to rational decision-making.Design/methodology/approachThe study identifies 35 “decision to litigate” (DTL)-triggers from a review of the literature and court cases followed by expert interviews and groups them into thematic research domains using Exploratory Factor Analysis (EFA) followed by Confirmatory Factor Analysis (CFA).FindingsDTL studies in construction stands benefited through interdisciplinary research. “Presumptuous decision-making,” “construction project characteristics,” “milieu influence,” “interest in amicable resolution,” “positional focus” and “opportunism” are the six focus areas to decode the DTL in construction.Research limitations/implicationsThe study identifies factors that consolidate the knowledge from various fields with the substantive experience of construction professionals from across the world to help understand the dynamics behind the DTL in the context of contract-linked disputes in construction.Originality/valueThe findings from the domains of law, behavior, sociology and economics can help understand the above dilemma in the context of contractual disputes in construction. However, studies that explore the “decision to litigate” (DTL) contractual disputes in construction are limited, providing a vast scope for further research. The current study addresses a part of this gap.

Identifying focus areas to decode the decision to litigate contractual disputes in construction

Disputes in construction projects are a common phenomenon around the world. The practice of approaching courts to resolve disputes, a risk-seeking behavior of parties in a dispute, is influ...

Litigation Risk Transfer Mechanisms in Construction Dispute Resolution Process: Cross-Case Analysis

Construction projects are prone to disputes that are predominately caused by the failure of parties to keep their contractual obligations, and, if not resolved, may spiral into complex lega...

Murali Jagannathan

Papers

Litigation in Construction Contracts: Literature Review

Litigation Proneness of Dispute Resolution Clauses in Construction Contracts

Identifying focus areas to decode the decision to litigate contractual disputes in construction

Litigation Risk Transfer Mechanisms in Construction Dispute Resolution Process: Cross-Case Analysis

Control Focus in Standard Forms: An Assessment through Text Mining and NLP