Conflicts and disputes in Construction Projects
The research essay topic is to concern the theory or practice of construction law or its application in the industry.
LAW3473 Construction Law Academic Research Essay-Southern Queensland University Australia.
Research to be addressed
An investigation into the causes of conflicts and disputes and recommendations into dispute resolutions within the construction industry.
Abstract
Introduction
Introduce my topic, how and why this research is important.
Define:
1.Conflict in relation to the law
2.Disputes in relation to the law
3.Construction/construction law
The purpose of this research paper will describe the causes of conflicts and disputes, furthermore provide recommendations into dispute resolutions within the construction industry. In addition, the study will identify how disputes may be assessed before they arise and during the construction process at the project and activity level. Finally, this study will also identify what theoretical frameworks and methods could be adopted for such assessments.
LAW3473 Construction Law Academic Research Essay-Southern Queensland University Australia.
Study Aims
- Understand the relevance of dispute resolution practices for managing and delivering construction projects successfully.
- How ‘disputes’ may be assessed before they come about and during the construction process at the project and activity level.
- Establish what theoretical framework and methods could be adopted for such assessments
Method
Categorise main dispute groups:
o Owner related disputes
o Contractor related disputes
o Contractor related disputes
o Designer related disputes
o Contract related disputes
o Human behaviour related disputes
o Project related disputes
o External factors
Assess if there is a connection, if any are inter related. Is there a matrix that I could come up with to assess then rate conflicts in a way that would put practices in place to avoid them escalating to disputes? Explore this idea here.
Dispute Avoidance Processes (DAPs), Non-binding mature dispute resolution, executive meetings and negotiation, mediation, conciliation and facilitation; non-binding expert determination; and senior executive appraisal discuss these here.
Results
State the law
State my findings
Discussion
What does it mean?
Link the issue and the law
Are there any cases that can be used as examples in each category stated in the method?
Is prevention really better than a cure in all cases?
LAW3473 Construction Law Academic Research Essay-Southern Queensland University Australia.
Conclusion
In conclusion this paper research has found:
- The main causes of conflict and disputes was analyzed.
- Main causes of construction disputes were determined with comprehensive literature review (above).
- Disputes derived from the literature and theory: (listed in methods, but state here)
- The dispute categories have sub-dispute causes (go into this in discussion)
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