Title: Problems, preferences and processes related to dispute resolution in construction in South Africa

Authors: Jacobus J.P. Verster; Molusiwa Stephan Ramabodu; Carl H. Van Zyl

Addresses: Department of Quantity Surveying and Construction Management, University of the Free State, P.O. Box 339, Bloemfontein, South Africa ' Department of Quantity Surveying and Construction Management, University of the Free State, P.O. Box 339, Bloemfontein, South Africa ' Department of Quantity Surveying and Construction Management, University of the Free State, P.O. Box 339, Bloemfontein, South Africa

Abstract: The aim was to identify and compare various dispute resolution methods and communication problems, the preferences of professionals and suggested processes. Literature of alternative dispute resolution (ADR) methods was reviewed and two studies were conducted to understand the problems, preferences and processes related to dispute resolutions. One was a case study where disruptions lead to misunderstandings and to arbitration procedures. The other study was done through a questionnaire handed to quantity surveyors. Communication to deal with differences and claims forms part of their work routine. Results identified an ADR approach to select methods to isolate the preferred and effective resolution method. Communication problems and elements for dispute resolution strategies were identified and were used to propose a model. The results of this study may assist the construction industry to select the most appropriate process. The model may further assist parties to solve differences amicably.

Keywords: claims; communication problems; construction disputes; dispute preferences; construction industry; construction problems; dispute processes; South Africa; ADR; alternative dispute resolution; external dispute resolution; professionals; misunderstandings; arbitration procedures; quantity surveyors; resolution methods; shopping centres; Bloemfontein; project organisation; project management; project costs; cost management; contract management; contracts.

DOI: 10.1504/IJPOM.2013.053158

International Journal of Project Organisation and Management, 2013 Vol.5 No.1/2, pp.127 - 144

Received: 08 May 2021
Accepted: 12 May 2021

Published online: 04 Feb 2013 *

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