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Practical Investigation of Factors Affecting Selection of Dispute Resolution Methods in Construction Projects
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of Engineering and Technology (IRJET) e-ISSN: 2395-0056 Volume: 04 Issue: 07 | July -2017 www.irjet.net p-ISSN: 2395-0072 © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 462 Practical Investigation of Factors Affecting Selection of Dispute Resolution Methods in Construction Projects R.G. MARALE, A. K. KANASE, MANISH KHANDARE P. G. Student: Civil Engineering Department, RMD Sinhgad School of Engineering Warje, Pune) Associate Professor: Civil Engineering Department, Sinhgad Institute of Technology and Science Narhe Assistant Professor: Civil Engineering Department, RMD Sinhgad School of Engineering Warje, Pune ---------------------------------------------------------------------***--------------------------------------------------------------------- Abstract - Construction projects are increasingly complex, resulting in complex contract documents. Complex construction can likewise result in complex claims and disputes. Disputes have become an endemic feature of the Indian construction industry. If theyarenotresolvedpromptly they can escalate causing schedule delays, lead to claims that require litigation proceedings for resolution and destroy business relationships. The competitive nature and contractual complexity inherent within construction can aggravate the incidence of disputes. Researchoverthelasttwo decades has revealed that factors such as scope changes, poor contract documentation, restricted access, unforeseen ground conditions, and contractual ambiguities are contributors of disputes. This study provides an insight into the factors which impact upon the selection of dispute resolution methods for construction in the Indian industry. The 12 factors used Bindingness, Economy, Confidentiality, Control, Remedy, Enforceability, Fairness, Flexibility, Privacy, Speed, Relation, Creative etc. Through questionnaire survey, the relative importance of these factors in the selection of dispute resolution methods is examined and through interviews, the efficiency of the current alternative dispute resolution methods operating in India is compared with each other. Key Words: Disputes, Dispute Resolution Methods, Litigation, Arbitration, Dispute Resolution Board, SPSS, Principal component Analysis, etc. 1. INTRODUCTION Today, India is the second fastest growing economy in the world. The Indian construction industryisanintegral partof the economy and a conduit for a substantial part of its development investment, is poised for growth on account of industrialization, urbanization, economic development and people's rising expectations for improvedqualityofliving. In India, construction is the second largest economic activity after agriculture. Construction accounts for nearly 65 per cent of the total investment in infrastructure andisexpected to be the biggest beneficiary of the surge in infrastructure investment over the next five years. Investment in construction accounts for nearly 11 per cent of India’s Gross Domestic Product (GDP). $239.68 billion is likely to be invested in the infrastructure sector over the next five to 10 years - in power, roads, bridges, city infrastructure, ports, airports, telecommunications, which would provide a huge boost to the construction industry as a whole. The construction industry is a complex and competitive environment in which participants with different views, talents and levels of knowledge of the construction process work together. In this complex environment, participants from various professions, each has its own goals and each expects to make the most of its own benefits. In the construction industry, since differences in perceptions among the participants of the projects, conflicts are inevitable. If conflicts are not well managed, they quickly turn into disputes. Disputes are one of the main factors which prevent the successfully completion of the construction project. Thus, it is important to be aware of the causes of disputes in order to complete the construction project in the desired time, budget and quality. During the last two decades the Indian construction industry has been in an intense period of introspection, specifically examining how it can improve its performance and productivity. Time and cost overruns in construction projects has become a ubiquitous feature of the industry. Significant factors that have been identified as contributing to time and cost overruns in Indian construction projects are rework, variations, incorrect design and incomplete documentation, and late authority approvals. As a result of such issues arising in projects, conflict and disputes may occur, which can lead to the disruption of construction schedules, increased project costs, and even adversely influence relationships between project participants.Ifa disputeisnot resolved promptly, then it may escalate, and ultimately require litigation proceedings,whichcanbeextremelycostly for the parties concerned. 1.1 OBJECTIVES i. To identify the factors affecting selection of dispute resolution method in construction project. ii. To identify current dispute resolution methods in use.
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International Research Journal
of Engineering and Technology (IRJET) e-ISSN: 2395-0056 Volume: 04 Issue: 07 | July -2017 www.irjet.net p-ISSN: 2395-0072 © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 463 1.2 PROJECT BACKGROUND i. Data collected with the help of questionnaire survey from contractors, consultants and client based companies. ii. Then by using SPSS software principal component analysis is done. iii. Then interpretation of results is carried out 2. LITERATURE SURVEY In Emre Cakmak [1] proposed a An analysis of causes of disputes in the construction industry using analytical network process. This system aims to analyze the main causes of disputes which occur in the construction industry. In order to reach this aim, a literature review was undertaken to identify the common construction disputes. The disputes derived from a cross-section of the literature, were classified into main categories and the main causes of construction disputes were determined. Finally, an analysis was carried out using the analytical network process (ANP) approach to determine their relative importance. A.A. Elziny et al.,[2], concentrated on problem of dispute management in Egyptian construction projects. This study presents a comprehensive review of the available literature on analysis of disputes. The objective of this study was to provide an expert system can evaluate the overall dispute settlement procedures at company’s projects. The most important source of disputes was ‘‘contract management’’, the second was ‘‘contract documents’’, the third was financial issues, the fourth was ‘‘project related issues’’, and the lowest one was ‘‘other sources’’ such as force majeure, and loose of construction laws The study indicates that the contract management can be consideredthemainfactorthat can affect the existence ofdisputesduetomanyreasonssuch as the issues related to the owner and the contractor, their management of the contract, time schedule prepared by the contractor and required update. The Zhang Yang [3], contracts are main part of dispute management system. Constructional project contracts are the agreements made by construction project owners (contract issuing parties) and construction enterprises (contractors) according to basic construction procedures in order to complete specific construction and installation projects and to define the rights and obligations of both parties. Mitkus S. et al., [4] analyzed the causes of conflicts arising between client and contractors in the construction industry. Having analyzed publications addressing disputes in construction projects, the researchers arrived at the conclusion in this study that externallyvisiblecircumstances of conflict are usually identified in the contemporary scientific literature as the causes of conflicts. In this study, a construction contract agreement is analyzed as a product of communication between the parties to a construction contract agreement. The research has revealed that a contract allowing a room for being differently (subjectively) interpreted by the parties constitutes the main cause of conflicts in construction projects. It means that the most frequent cause of construction conflicts is unsuccessful communication between the parties to a construction contract agreement. Due attention to the drawing up of construction contract agreements would create strong immunity against pandemic conflicts and disputes. Other causes of conflicts in the construction industry identified in this article include unfair behavior of construction participants and psychological defense mechanisms. The main goal of A. H. Abdul Tharim et al., [5] was to overview the factors of conflict in constructionindustry.The study highlighted three types of conflict factors which are conflict factors due to behavioral problems, contractual problems and technical problems. Factors of conflict due to behavioral factors includes reluctant to check for constructability, clarity and completeness and poor communication among project team. Meanwhile the factors of conflict which is due to contractual problems are such as late giving of possession, delay interim payment from client and unclear of contractual terms. Whereas, contractor fails to proceed in a competent mannerandlateinstructionsfrom architect or engineer are the factors of conflict which arise due to technical problems. Output of study made by K.C. Iyer et al., [6] is the issues which prompted to develop the current system are mainly the gaps in contract documents leading to disputes. While a foolproof contract document might reduce the issues drastically, it is practically near to impossible to have such a foolproof contract. There are reasonsforinconsistenciesand discrepancies in large contracts which are beyond the control of the drafter of the contract. 3. Factors Considered for Study Economy Speed Relation Flexibility Confidentiality Enforceability Privacy Fairness Bindingness Control Remedy
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International Research Journal
of Engineering and Technology (IRJET) e-ISSN: 2395-0056 Volume: 04 Issue: 07 | July -2017 www.irjet.net p-ISSN: 2395-0072 © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 464 4. RESULT Table 1 : Rotated Component Matrix calculation KMO and Bartlett’s Test Following table shows Kaiser-Meyer-Olkin Measure of Sampling Adequacy test results greaterthan0.5thatis0.507 and signifivance 0.000 hence data is acceptible. Table 2: KMO and Bartlett's Test KMO and Bartlett's Test Kaiser-Meyer-Olkin Measure of Sampling Adequacy. 0.507 Bartlett's Test of Sphericity Approx. Chi- Square 119.653 Df 66 Sig. 0.000 Mean Score Analysis Table shows descriptive statistics of twelve components in that economy, speed, relation and flexibility components shows higher values and remedy and creative components shows lower values. Table 3: Mean Score Analysis Component Mean Std. Deviation Anal ysis N Economy 4.5224 0.58668 67 Speed 4.2687 0.68716 67 Relation 4.0149 0.66270 67 Flexibility 3.8358 0.68749 67 Confidentiality 3.6567 1.21296 67 Enforceability 3.6418 0.68978 67 Privacy 3.5970 0.87143 67 Fairness 3.4478 0.72370 67 Bindingness 3.3433 0.47839 67 Control 3.2239 0.79431 67 Remedy 2.8209 0.86909 67 Creative 2.7015 0.95370 67 5. CONCLUSION In this study twelve componentes whichaffectstheselection of dispute resolution methods were identified. Principal component analysis tool of SPSS analysis software was uesd to study them. According to descriptive statistics of study which shows mean frequenciesfor eachcomponentinwhich economy, speed, relation and flexibility shows higher frequencies and remedy and creative shows lower frequencies. Four factors were extracted using principal component analysis that is factor analysis. Factor1contains fairness, speed, bindingness, confidentiality and privacy which is related to nature of proceeding of dipute resolution methods, so it is named as factor nature of proceeding of DRM. Factor 2 contains economy and relation which is related to benefit of dispute resolution method, so it is named as benefit. Factor 3 contains enforceability, flexiability and control which is related to settlement of agreement, so it is named as settlement ofagreement.Factor 4 contains remedy and creative which is related to outcome of process, so it is named as outcome of process. So four factors that are extracted from the study are Fcator1 : Nature of proceeding of DRM Fcator2 : Benefit Factor3 : Settlement of agreement. Factor4 : Outcome of process. Rotated Component Matrix Factors 1 2 3 4 Fairness .677 -.204 -.267 -.010 Confidentiality .583 -.012 .411 .271 Privacy .580 .101 .095 -.140 Economy .266 .770 .054 .002 Control .219 -.714 .232 -.100 Bindingness .310 -.375 -.720 .138 Enforceability -.047 -.084 .645 -.091 Flexibility .184 -.264 .624 .046 Remedy -.170 .190 -.049 .748 Relation -.101 .473 .052 -.642 Creative .465 .131 -.207 .513 Speed .352 .314 -.191 -.353
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International Research Journal
of Engineering and Technology (IRJET) e-ISSN: 2395-0056 Volume: 04 Issue: 07 | July -2017 www.irjet.net p-ISSN: 2395-0072 © 2017, IRJET | Impact Factor value: 5.181 | ISO 9001:2008 Certified Journal | Page 465 6. REFERENCES [1] Emre Cakmak and Pinar Irlayici Cakmak proposed An analysis of causes of disputes in the construction industry using analytical network process 2nd World Conference On Business, Economics And Management -WCBEM 2013. [2] A.A. Elziny at. al. proposed An expert system to manage dispute resolutions in construction projects in Egypt in Ain Shams Engineering Journal Elsevier (2016) [3] Zhang Yang proposed The Study on Law Disputes in Construction Project Contract Relationship International Conference on Medical Physics and Biomedical Engineering Elsevier (2012) [4] Sigitas Mitkus and Tomas Mitkus Causes of conflicts in a construction industry: a communicational approach Contemporary Issues in Business, ManagementandElsevier Education 2013 [5] A. H. Abdul Tharim at. al. proposed Factors of Conflict in Construction Industry: A Literature Review The 2nd International Building Control Conference Elsevier 2011 [6] K.C. Iyer propsed Understanding time delay disputes in construction contracts International Journal of Project Management 26 Elsevier (2008). [7] Manvendra Sinha, Dr. A. S. Wayal, “Dispute Causation In Construction Projects”. IOSR Journal of Mechanical & Civil Engineering (IOSR-JMCE) PP: 54-58 [8] Shaikh Sk Sameer, Dr Rajendra B. Magar, Fauwaz Parkar, “Claims and DisputesinConstructionProjects”.International Journal for Research in Applied Science & Engineering Technology (IJRASET), Volume 4 Issue XI, November 2016. [9] Robin Beaumont, “Principal Component Analysis & Factor Analysis Using SPSS 19 and R (psych package)”, 23 April 2012. [10] Sabine Landau and Brian S. Everitt, “A Handbook of Statistical Analyses using SPSS”, A CRC Press, 2014.
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