Abstract
construction process and the imperfect of the design and moreover, it takes so many
individuals and companies to construct a project. Dispute also occur through accidents
(Injury), mismanagement, human error, disagreement or lack of communication.
Dispute affect the cash flows of the company and also affects relationships between
parties. The intent of this paper is to evaluate the impact of construction dispute and the
use of alternative dispute resolution in the construction industry in Swaziland. The data
used in this study were derived from both primary and secondary sources. The
secondary data for the study was derived from the review of literature. The primary data
was obtained through the use of a questionnaire which was distributed to client
(government) and consultant representatives (quantity surveyor, civil engineer,
architects, project managers and mechanical and electrical engineers), only
organizations registered with the ministry of public work and transport in Swaziland and
other professional bodies were surveyed. Findings from the survey revealed that the
effects of construction disputes are loss of productivity, loss of business viability, loss
of profitability, time delays, loss of professional reputation, break down in cooperation
between parties, cost overruns and loss of company reputation. Findings on Alternative
Dispute Resolution (ADR) revealed that the most preferred mechanism for resolving
construction disputes were arbitration followed by negotiation and mediation.