There are three specific purposes of Construction Dispute Research.
First, this volume aims to summarise studies on construction dispute.
Second, apart from the theoretical constructs, where appropriate
empirical tests are also included. This approach serves to go beyond the
commonly used anecdotal approach for the subject matters. Third, it is
the sincere hope of the authors that this book will help shaping
research agenda of construction dispute. The studies are mostly framed
from a management perspective drawing on methods and concepts in
contract law, economics, psychology and management science.
The book has twenty chapters that are arranged in four parts covering
conceptualisation, avoidance, negotiation and mediation. Part 1 is
devoted for dispute conceptualisation. A building is only as strong as
its foundation. Thus it is no better start to study construction dispute
by conceptualisation. The theme of Part 2 is dispute avoidance. The
conventional wisdom of 'prevention is better than cure' seems can be
applied to all problems. As far as construction dispute is concerned,
equitable risk allocation and trust are the two most commonly accepted
avoidance strategies. Part 3 focuses on negotiation that is the gateway
to resolution as almost all disputes are negotiated first before the
service of other mechanisms. Negotiation is sometimes described as an
art because settlement may not be obtained solely from legal and
rational approaches. Part 3 discusses the behavioral dimensions of
construction dispute negotiation. Part 4 deals with Mediation- a form of
assisted negotiation. Specially, the skill of the mediators in
facilitating settlement, the interrelationships among dispute sources,
mediator tactics and mediation outcomes are explored.
The studies presented in Construction Dispute Research collectively
demonstrate holistic approach in dispute management. Each chapter can be
read as a study on its own. Practitioners will find the book a handy
reference in dispute management and resolution. Students would find the
book useful in explaining in details the causes of dispute, the
processes to resolve them. The research design and empirical approaches
are particularly useful to students in construction management,
architectural, surveying and civil engineering programs.
