A structured literature review on construction conflict prevention and resolution: A modified approach for engineering
, et | 10 mai 2022
À propos de cet article
Article Category: Literature Review
Publié en ligne: 10 mai 2022
Pages: 2616 - 2630
Reçu: 11 mars 2021
Accepté: 18 janv. 2022
DOI: https://doi.org/10.2478/otmcj-2022-0006
Mots clés
© 2022 Omar Sabri et al., published by Sciendo
This work is licensed under the Creative Commons Attribution 4.0 International License.
Fig. 1
Fig. 2
Construction conflict prevention and construction conflict resolution strategies.
| Effective and reasonable conflict prevention enhances team productivity and creativity, which helps overcome obstacles. A manager needs to build a relationship between conflict and satisfaction levels. Determining the best stage of conflict is key to a successful project because it provides a stimulus. | Positive interaction between participants of the project is essential to prevent negative conflict or to enable its resolution at least. Conflicts are stimulated in multiple tasks at a predetermined level to eliminate obstacles, leading to high participant satisfaction. Excessive task conflict should be prevented in the decision process. | |
| Goal setting is a major task that helps prevent negative conflict. The most appropriate method for construction, cultural, and legal issues in arbitration after the negotiation is to resolve disputes. | No universal formula exists to resolve conflicts except that the parties should respect each other to gain the contract's trust. | |
| Parties should oblige to work in good faith. A focus on DRBs helps reduce the cost of construction. | New claims and orders expedite the resolution of issues. Daily and hourly payments save cost and time, resolve problems, and eradicate conflicts. | |
| Improvement in training and education of construction panels prevents conflicts. | Less-conflictual attitudes of parties and technical education overcome obstacles to the resolution of conflicts. | |
| The role of technology is very crucial for the prevention of construction conflicts. | The rule of law is considered the most moderate method to eliminate conflicts. | |
| Conflict arises at pre-contract stages and, therefore, should be resolved at that stage to avoid later problems. | Observation of pre-contract practice may eliminate conflicts in construction plans. | |
| Keeping a proper check on the contract document helps eliminate disputes. | Categorization of reason, which helps in recognizing the root problems of the obstacle, provides a suitable solution. Litigation is helpful in the resolution of conflicts. | |
Summary of research on the prevention of construction conflicts.
| ODR | Helped identified four factors: demographics, ADR culture, personal culture, and layout and design issues – all of which combined provide a suitable study framework for examining the many interrelated risks to ODR effectiveness. | |
| Dispute resolution process | Conflicts may be avoided through traditional dispute resolution procedures like litigation and arbitration. These approaches are also useful for preventing construction-related disputes in the first place. | |
| Case study | Appropriate level of conflicts enhances team productivity and creativity, which prevent obstacles; managers need to build a relationship between conflict and satisfaction; determining the best stage of conflict is the key to a successful project because it provides a stimulus; goal setting is one of the major tasks that helps prevent negative conflict | |
| Case Study | A set of neural model systems; both MLP and GFF were used in this study. The system worked impartially and did not favor any of the disputing parties. Thus, the decision-maker was free from prejudice. | |
| Theory of Planned Behavior | ADR selection and usage may be linked to a number of different characteristics. TPB's attitude construct may be used to reclassify the inherent benefits and advantages of ADR, dispute complexity, transactional costs, and current project risks. | |
| Attitude-based negotiation methodology | Negotiation techniques could be acquired via observation and experience to avoid disputes. Therefore, the management must create a negotiation support system with the assistance of negotiation to prevent conflicts due to multiple attitudes. | |
| Mixed-method approach | Provides ease of negotiation among diverse participants in the construction task | |
| Web-based system | To minimize disagreement, payment delays and short-term partnerships should be avoided; unfair payment practices should be abolished. | |
| Development of an Expert System | Categorization of causes aids in determining the root cause of the issue and developing an appropriate remedy. | |
| RII approach | Potential legal hazards associated with sustainable development assist in avoiding future conflict risks; professional development of construction professionals reduces the degree of all disputes. | |
| Qualitative study | Conflicts are avoided via the use of analytical networks; projects should be classified to minimize the potential of conflict, and project owners and financiers must establish a good relationship. | |
| Qualitative Study | Conflicts are avoided by having a variety of suitable analytical techniques that are both fair and effective; float ownership should be stated in the contract. | |
| Qualitative study | DRB's efficacy as a preventative approach was shown on roughly 50% of the 810 projects where no disagreements were ever resolved via a formal hearing before a DRB panel. | |
| Interview-based questionnaire | The contractor should prepare a realistic program, and the work should be correctly identified when pricing. The contractor should send tender questionnaires for clarifications in the tender document and define a completion date as an important practice among all practices identified through a survey. | |
| Interview-based questionnaire | Arbitration after the negotiation is the best way to settle international conflicts in China to avoid construction, cultural, and legal problems. | |
| Questionnaire survey | Realistic team objectives must be set; otherwise, equity-based, win-win outcomes in relationships may be illusory. An ideal of normative mutuality in relationships can never be achieved by the members of the temporary organization and the project's team. | |
| Questionnaire survey | Assisting the parties in the development of effective conflict prevention methods, this DRB provided value. |
Summary of theoretical research on prevention and resolution of construction disputes.
| A practical method for making settlement of dispute for international construction projects grounded on CBR and validates the CBR model in certain dispute cases | The dispute settlement approach improves the theoretical framework and also relies on the case study method | |
| Objective and analytical research | Direction for the construction industry to reduce the adoption of litigation to solve disputes | |
| Measurement theory | Five ways to manage conflicts and reduce disputes – the quality of construction, fairness perception, conflict prevention, acceptable resolution result, and post-conflict influence | |
| Application of the theory of planned behavior | An alternative dispute resolution (ADR) method is suggested to mitigate conflicts | |
| Utilization of hierarchal decomposition | Creative management of conflict and change can provide benefits to eliminate construction disputes | |
| SOI | The AAA has commenced some reforms to the dispute resolution process that minimize conflicts | |
| A framework with a questionnaire survey and multiple interviews with several respondents | Policy and decision-makers need to struggle for resolving at least the common conflicts that arise throughout the lifecycle of main projects | |
| Qualitative research | Executing possible measures as early as possible to evade conflicts in the partnership | |
| Theoretical framework | Analyzing multicultural or multinational presentations in construction projects can be a somber tool for the avoidance of disputes between the involved parties | |
| ARD | Avoiding disputes through the application of documentation policies and cooperative communication between parties is considered worthy of avoiding and resolving disputes | |
| Questionnaire survey to gather data | Conflict is perhaps not a context-based effect on project presentation, and comprehending it helps in its resolution | |
| Survey | Escrow bid documents, DRBs, and partnerships help in the prevention and resolution of conflicts in construction projects | |
| The theoretical model, along with an organized questionnaire survey | Contractual elasticity (term and process elasticity) are interrelated and eliminated disputes by expressively and definitely affecting the accomplishment of construction projects | |
| Qualitative research | Disputes can be resolved or at least avoided when construction project owners go through the deficit of the transactional agreement models when executing a problematic project with tentative scope | |
| Questionnaire survey | Claims can be prevented through rigorous reviews of policies and specifications and by necessitating greater project planning work on the part of the contractor | |
| Application of the theory of conflict management | Develop trust relations between project crews based on equivalent collaboration to take benefit of the positive effects of project conflict and to resolve the negative effects of procedure and correlation conflicts | |
| Survey | Owners and contractors should retain suitable levels of employment during claim disputes | |
| Case study | Incentivization in governing the slits in risks and control among manager, contractor, and involved parties during project construction | |
| Measurement theory | Five proportions in the administration of quality of conflict: fairness perception, effective resolution result, procedure, conflict prevention, post-conflict influence, and integrated resolution. | |
| Questionnaire survey | Dispute Resolution Board Foundation model helps eliminate disputes | |
| Theoretical approach | An open doubt of elitism and tough occupations has been conveyed as a propensity for two construction parties to resolve disputes without mentioning it to impartial third parties | |
| Questionnaire survey | Behavioral, contractual, and operational matters to avoid altering claims into disputes | |
| Web-based system | The web-based system serves as a communication platform among owners, contractors, and planners to help resolve conflicts | |
| Questionnaire survey | ADR has been established in the worldwide construction division to reduce disputes and prevent litigation; an alternate solution is the DRB | |
| Application of risk management theory | Healthy association between causes of conflict, factors, construction project parties, and consistency between project participants and conflict help avoid disputes | |
| Application of pattern classification theory | Suitable behavior of similar construction parties helps avoid conflicts | |
| Application of TCE approach | A healthy association between uncertainty and the supplier's positive attitude helps overcome disputes | |
| Application of planned behavior theory | A well-drafted contract may be essential but not adequate to stimulate friendly resolution of disputes between contract participants. Factors affecting conflicts should be understood well | |
| Utilization of the ITA framework | Working productive groups and examples of good behavior help eliminate conflicts | |
| Questionnaire method | Evaluation of literature throws light on the significance of dealing with the people and their attitude to make construction tasks less prone to litigation | |
| Application of the analytical framework | Corporate office, high competency, and qualification of parties avoid and resolve conflicts |
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Summary of research on the resolution of construction conflicts.
| ODR | A platform from which to develop a variety of practical recommendations for assessing the possible role of technology-mediated interfaces in resolving disputed claims. | |
| Dispute resolution process | The dispute resolution process as a whole discusses the most effective method for the various ADR tools to work together to create an overall conflict settlement procedure. | |
| Case study | Conflicts are generated in various activities at a preset level, leading to high participant satisfaction and eliminating barriers due to positive interaction between project participants. inability to make decisions and a high level of task conflict reduce conflict | |
| Case Study | Identified 16 fundamental variables that affect arbitrators’ decision-making in settling claims of variance in Indian building contracts | |
| Theory of Planned Behavior | By asking disputants about their salient behavioral beliefs about various conflict resolution methods such as mediation, arbitration, and adjudication, it is possible to better understand and explain their differing attitudes toward each other. | |
| Attitude-based negotiation methodology | Positive attitude of the manager is mandatory for implementation and the best outcome from negotiation. | |
| Mixed-method approach | Bayesian learning approach is assimilated into negotiation methods to resolve the conflicts in construction projects; multi-agent systems reduce conflict among human ideas. | |
| Web-based system | The web-based system serves as a communication platform among owners, contractors, and planners to help resolve conflicts. | |
| Development of an Expert System | Alternative solutions to the problem are provided based on its nature and the variables taken into account, including its fault. It helps. | |
| RII approach | Failure to achieve third-party certification lost incentives due to certification failure, warranty breach (violation), decertification of projects later in the project life cycle, and the elevated standard of care of various professionals were all identified as risk factors to be taken into account in the evaluation. | |
| Qualitative study | Developers may use this method to prioritize risks throughout the project supply network and begin mitigating them in a timely manner before they have major financial and schedule implications for the success of the megaproject. | |
| Qualitative Study | Policies and specifications should be thoroughly reviewed to avoid claims, and the contractor's project planning should be increased. | |
| Qualitative study | A study comparing the number of disputes resolved as a result of DRB recommendations with those that were heard at a DRB hearing session showed that DRB's effectiveness as an ADR method was >90%. | |
| Interview-based questionnaire | Classifies construction techniques and offers a framework for integrating the practices in order to remove the root problems. | |
| Interview-based questionnaire | It was suggested that no universal formula exists to resolve conflicts except that the parties should respect each other to gain the contract's trust. | |
| Questionnaire survey | The mediating effects of group coordination were studied in relation to conflict management and group performance. | |
| Questionnaire survey | Understanding conflict helps in its resolution, even if it does not impact project presentation context-based. |
Summary of methodologies and their contributions.
|
ODR Dispute resolution process Case study approach Theory of Planned Behavior Attitude-based negotiation methodology Mixes-method approach Web-based system Expert System RII Qualitative study Interview-based questionnaire Questionnaire survey |
An examination of the numerous interconnected threats to ODR efficacy is proposed. It encourages the use of conventional conflict resolution methods such as litigation and arbitration. Identifying the most productive stage of a dispute is essential for a project's success. The impartial system was built using MLP as well as GFF. Using TPB's attitude construct, the inherent advantages of ADR, dispute complexity, transaction costs, and existing project risks may all be reclassified in a more useful manner. In order to avoid disputes caused by different attitudes, management should put in place a framework to facilitate negotiations. Facilitates negotiations among the various building project parties. When it comes to figuring out the core of a problem, DRB's effectiveness as a preventive measure has been shown. Suggested that arbitration is the best method to resolve international disputes when negotiations have failed |
The dispute resolution process as a whole addresses the most effective way for integrating the different ADR tools into a unified framework for resolving conflicts. Identified 16 critical factors that influence arbitrators’ decision-making when resolving variance claims It is said that a manager's positive attitude is required for implementation and the best result from negotiation. A web-based system may serve as a platform for communication between owners, contractors, and planners, assisting in resolving disputes. Encourages careful examination of policies and requirements Provides a framework for combining practices in order to address the underlying issues The mediating effects of group coordination on conflict resolution and group performance were investigated. Understanding conflict helps in its resolution, even if it has no context-dependent effect on the presentation of the project. |