Abstract:
Construction disputes have become a major hindrance for the performance of construction projects.
Most of the practices in construction projects have contributed to avoid disputes while serving its own
purposes. It is still hard to find a construction project with no disputes due the existence of root causes
for disputes. Many steps have been taken to introduce effective dispute resolution mechanisms giving
more concern on cost, time and enforceability of the solution, which still contain many drawbacks in
practical applications. This ways to ‘prevention is better than cure’ and thus the concept of dispute
avoidance being emerged. The research therefore aims to develop a dispute avoidance model for Sri
Lankan construction industry.
Primarily, literature review was done in order to find the issues related to dispute and factors
contributing to dispute avoidance. The review revealed that risk allocation, selection of contractors,
quality of documentation, time management, and procurement method could contribute to dispute
avoidance. A survey research approach was adopted and questionnaires were issues to the
professionals who have experience in dispute management in Sri Lanka. The collected data was
analysed statistically using t-test. The research proposed ‘Dispute Forecasting Session (DFS)’ as
dispute avoidance model for Sri Lanka. The research revealed that DFS need to be carried out middle
of the briefing stage, in between pre and post contract stage and beginning of post contract stage of
the project. Further the research identified the participants to DFS in terms of each stage of
construction project; in briefing stage client and consultant; in pre contract stage client, consultant
and neutral third party; in post contract stage contractor, consultant, nominated subcontractor and
neutral third party. In addition, the research participants identified the activities to be performed in
each stage of projects in order to avoid deputes. Finally the research suggests to utilise the DFS
dispute avoidance model which will forecast construction disputes, thereby avoiding the foreseen
construction disputes in Sri Lankan construction industry.
Citation:
De Alwis, I., Abeynayake, M., & Francis, M. (2016). Dispute avoidance model for Sri Lankan construction industry. In Y.G. Sandanayake, G.I. Karunasena & T. Ramachandra (Eds.), Greening environment, eco-innovations & entrepreneurship (pp. 162-173). Ceylon Institute of Builders. https://ciobwcs.com/downloads/WCS2016-Proceedings.pdf