Causes of disputes in construction projects in South Africa : a case of Gauteng Province
- Baloyi, Miehleketo, Agumba, Justus N.
- Authors: Baloyi, Miehleketo , Agumba, Justus N.
- Date: 2014
- Subjects: Construction dispute , Dispute resolution - Gauteng
- Type: Article
- Identifier: uj:4923 , http://hdl.handle.net/10210/13023
- Description: Disputes have become an inherent feature of the construction industry projects. However few research projects have focused on this niche area in South Africa. The purpose of this study was to unearth causes of disputes and their effects on construction projects and to further determine the methods that are used to settle the disputes. In order to determine the objectives of this study, semi-structured interviews were used. Thirty practitioners i.e. professionals in the construction industry were purposively invited to participate. Fourteen practitioners accepted to participate in the interviews which represented 47% response rate. The results of the interviews were analyzed using content analysis that is coding of reoccurring themes from the interviews. The study revealed nine factors that contribute to causes of disputes in construction projects namely; poor communication, poor contract documentation, suspension of work, failure to understand and correctly bid or price the work, bad weather, non-circulation of information, i.e. site instruction, distribution of drawings etc., incomplete tracing mechanism for request of information and delay in extension of time. Furthermore, the effects of disputes identified were; project delays, change in contract cost leading to cost overrun, deterioration of relationships or bad relationships leading to friction, parties do not get information on time and neglecting clients’ needs. In order to resolve the disputes the most popular method used was arbitration. However, some respondents opted to use conciliation and mediation. The practicality of the study is that organizations that enter into construction projects should be aware that they may encounter disputes in their projects; hence they should know the methods they can use to resolve them.
- Full Text: false
- Authors: Baloyi, Miehleketo , Agumba, Justus N.
- Date: 2014
- Subjects: Construction dispute , Dispute resolution - Gauteng
- Type: Article
- Identifier: uj:4923 , http://hdl.handle.net/10210/13023
- Description: Disputes have become an inherent feature of the construction industry projects. However few research projects have focused on this niche area in South Africa. The purpose of this study was to unearth causes of disputes and their effects on construction projects and to further determine the methods that are used to settle the disputes. In order to determine the objectives of this study, semi-structured interviews were used. Thirty practitioners i.e. professionals in the construction industry were purposively invited to participate. Fourteen practitioners accepted to participate in the interviews which represented 47% response rate. The results of the interviews were analyzed using content analysis that is coding of reoccurring themes from the interviews. The study revealed nine factors that contribute to causes of disputes in construction projects namely; poor communication, poor contract documentation, suspension of work, failure to understand and correctly bid or price the work, bad weather, non-circulation of information, i.e. site instruction, distribution of drawings etc., incomplete tracing mechanism for request of information and delay in extension of time. Furthermore, the effects of disputes identified were; project delays, change in contract cost leading to cost overrun, deterioration of relationships or bad relationships leading to friction, parties do not get information on time and neglecting clients’ needs. In order to resolve the disputes the most popular method used was arbitration. However, some respondents opted to use conciliation and mediation. The practicality of the study is that organizations that enter into construction projects should be aware that they may encounter disputes in their projects; hence they should know the methods they can use to resolve them.
- Full Text: false
Disputes resolution in construction project: a case of Germiston, South Africa
- Eke, C.C., Aigbavboa, C.O., Thwala, Wellington Didibhuku
- Authors: Eke, C.C. , Aigbavboa, C.O. , Thwala, Wellington Didibhuku
- Date: 2016
- Subjects: Construction project , Construction dispute , Dispute resolution
- Language: English
- Type: Conference proceedings
- Identifier: http://hdl.handle.net/10210/215188 , uj:21375 , Citation: Eke, C.C., Aigbavboa, C.O & Thwala, W.D. 2016. Disputes resolution in construction project: a case of Germiston, South Africa.
- Description: Abstract: Disputes have become an endemic feature of the South Mrican construction industry. When they are not properly resolved they can escalate causing schedule delays, leading to claims that require litigation proceedings for resolution if arbitration is not present as a clause in the contract thus destroying business relationships. The aim of this paper is to evaluate the most effective dispute resolution methods in the johannesburg construction industry. The methodology used in this study was quantitative research approach and data was collected via a questionnaire well-structured. Findings from the study shows that negotiation was ranked first, followed by arbitration while mini-trial was ranked last in the preferred forms of dispute resolution method in the Germiston construction industry. The study add to the body of knowledge on the method for dispute resolution in construction project; but with specific emphasis on the Germiston construction industry of the Gauteng province of South Africa.
- Full Text: false
- Authors: Eke, C.C. , Aigbavboa, C.O. , Thwala, Wellington Didibhuku
- Date: 2016
- Subjects: Construction project , Construction dispute , Dispute resolution
- Language: English
- Type: Conference proceedings
- Identifier: http://hdl.handle.net/10210/215188 , uj:21375 , Citation: Eke, C.C., Aigbavboa, C.O & Thwala, W.D. 2016. Disputes resolution in construction project: a case of Germiston, South Africa.
- Description: Abstract: Disputes have become an endemic feature of the South Mrican construction industry. When they are not properly resolved they can escalate causing schedule delays, leading to claims that require litigation proceedings for resolution if arbitration is not present as a clause in the contract thus destroying business relationships. The aim of this paper is to evaluate the most effective dispute resolution methods in the johannesburg construction industry. The methodology used in this study was quantitative research approach and data was collected via a questionnaire well-structured. Findings from the study shows that negotiation was ranked first, followed by arbitration while mini-trial was ranked last in the preferred forms of dispute resolution method in the Germiston construction industry. The study add to the body of knowledge on the method for dispute resolution in construction project; but with specific emphasis on the Germiston construction industry of the Gauteng province of South Africa.
- Full Text: false
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