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Dispute Resolution in Con Truction Industry (Msc Thesis Proposal)

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Dispute Resolution in Con Truction Industry (Msc Thesis Proposal)
BACKGROUND OF STUDY
INTRODUCTION
1.0 NATURE OF CONSTRUCTION INDUSTRY
The construction industry is a conglomeration of diverse fields and participants that have been loosely lumped together as a sector of the economy. The construction industry plays a central role in national development, including the development of the nation’s infrastructure and other public facilities. The importance of the construction industry lies in the function of its products which provide the foundation for industrial production, and its impacts on the national economy cannot be measured by the value of its output or the number of persons employed in its activities alone.

To be more specific construction refers to all types of activities usually associated with the erection, and repairs of immobile facilities such as buildings, offices, dams, bridges, motorways, home extensions, chimneys, factories and airports.

The fragmentation of construction in to a larger number of diverse skills is an inevitable consequence of the economy, technology and sociological environment, there is an extra ordinary diversity of professions, specialist and suppliers. It is important to approach construction contract problems in an organized, rational way. Although each professional discipline likes to focus upon its own contribution and the way that it relates to other project team members, a deeper understanding can be gained by considering how the industry provides a service to clients and the society at large.

1
The characteristics grouping of project teams very often results in dispute at a variety of levels. Each project participant has particular aims and it is rare to find contact structures that encourage harmony among these aims. Project participantly expect to enter into confrontations with each other and with the client. One of the purposes of assembling a team of



References: 1 Adams, O. (1997), ‘Contractor development in Nigeria: perceptions of contractors and professionals’, Construction Management & Economics, 15(1), pp 95-108 2 Aibinu, A.A. and Odeyinka, H.A. (2006), ‘Construction delays and their causative factors in Nigeria’, Journal of Construction Engineering 5 Brooker, P. (1999), 'Survey of construction lawyers ' attitudes and practice in the use of ADR in contractors ' disputes ', Construction Management 8 Cheung, S.O. and Yiu, K.T.W. (2007), ‘A study of construction mediator tactics —Part I: taxonomies of dispute sources, mediator tactics and mediation outcomes’, Building and Environment, 42(2), 752-761 9 a (DBIA 1998a) Design-Build Institute of America. 1998. Standard Form of Preliminary Agreement Between Owner and Design-Builder, Document No. 520, First Edition, Design-Build Institute of America, Washington, DC. 9b (DBIA 1998b) Design-Build Institute of America. 1998. Standard Form of General Conditions Between Owner and Design-Builder, Document No 11 Funmi Roberts F.(2010),” Cultureal Nuances in Mediating Commercial Disputes in Nigeria” in ARBITRATION, the International Jirnal of Arbitration, Mediation and Dispute Management 12 Gebken, R.J. and Gibson, G.E. (2006), ‘Quantification of costs for dispute resolution procedures in the construction industry’, Journal of Professional Issues 14 Groton, J.P. (1997), ‘Alternative dispute resolution in the construction industry’, 15 Hinchey, J. and L. Schor. 2002. “The Quest for the Right Questions In the Construction Industry.” Dispute Resolution Journal, August/October, 10-20. 16 Marcellina H. and Okehia O. (1996), Ethnic and Cultural Diversity in Nigeria (Trenton, NJ: African World Press Inc) pg 17 Peña-Mora, F., C. E. Sosa, and D. S. McCone. 2003. Introduction to Construction Dispute Resolution 19 Slaikeu, K. A. and R. H. Hasson. 1998. Controlling the Costs of Conflict: How to Design a System for Your Organization. Jossey-Bass Publishers, San Francisco. 21 Teo, A.I.L. and Aibinu, A.A. (2007), ‘Legal framework for alternative dispute resolution: examination of the Singapore national legal system for arbitration’, Journal of Professional Issues in Engineering Education and Practice, 133(2), pp 148–157

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