• A Decision Support Tool for the Valuation of Variations on Civil Engineering Projects

      Sutrisna, Monty; Buckley, Kevan; Potts, Keith F.; Proverbs, David G. (RICS (Royal Institute of Chartered Surveyors), 2005)
      The valuation of variations has been recognised as a prime cause of conflict and dispute in construction management. Such disputes often concern the prices and/or rates to be applied to the varied works. Previous research has identified the subjectivity of the decision-maker in interpreting the valuation rules to be the major problem, particularly with regard to defining the work conditions and/or characteristics during a variation event. Findings of a survey, conducted to elicit the views and perceptions of experienced practitioners towards interpreting the valuation rules are presented. The development of a decision-making tool based on a robust framework for valuing variations in civil engineering projects is described. The tool was developed by analysing changes in various decision attributes. The result of the changes was then mapped to relevant sets developed using fuzzy-logic principles. Various operators were used to perform the fuzzy-aggregation operation. The modelling technique was demonstrated to be reliable in replicating the decision-making process performed by experienced practitioners. As such is considered a suitable aid for decision-making involved in valuing variations on civil engineering works. The results of the analysis reported here have suggested the fuzzy-logic as an appropriate tool to model human decision-making, particularly in valuing variations on civil engineering works. This is considered an essential progress of the current study in modelling human decision-making process, particularly since there are so many unknown aspects associated with such a process. The modelling technique successfully developed here is then used as the main algorithm for decision-making in the subsequently developed Knowledge Based System (KBS) which is intended to assist practitioners minimise conflict and dispute arising from the valuation of variations.
    • An investigation into the use of construction delay and disruption analysis methodologies

      Ndekugri, Issaka E.; Gameson, Rod; Olomolaiye, Paul; Braimah, Nuhu (University of Wolverhampton, 2008)
      Delay and disruption (DD) to contractors’ progress, often resulting in time and cost overruns, are a major source of claims and disputes in the construction industry. At the heart of the matter in dispute is often the question of the extent of each contracting party’s responsibility for the delayed project completion and extra cost incurred. Various methodologies have been developed over the years as aids to answering this question. Whilst much has been written about DD, there is limited information on the extent of use of these methodologies in practice. The research reported in this thesis was initiated to investigate these issues in the UK, towards developing a framework for improving DD analysis. The methodology adopted in undertaking this research was the mixed method approach involving first, a detailed review of the relevant literature, followed by an industry-wide survey on the use of these methodologies and associated problems. Following this, interviews were conducted to investigate the identified problems in more depth. The data collected were analysed, with the aid of SPSS and Excel, using a variety of statistical methods including descriptive statistics analysis, relative index analysis, Kendall’s concordance and factor analysis. The key finding was that DD analysis methodologies reported in the literature as having major weaknesses are the most widely used in practice mainly due to deficiencies in programming and record keeping practice. To facilitate the use of more reliable methodologies, which ensure more successful claims resolution with fewer chances of disputes, a framework has been developed comprising of: (i) best practice recommendations for promoting better record-keeping and programming practice and; (ii) a model for assisting analysts in their selection of appropriate delay analysis methodology for any claims situation. This model was validated by means of experts’ review via a survey and the findings obtained suggest that the model is valuable and suitable for use in practice. Finally, areas for further research were identified.
    • CONBPS - an Expert System to Improve the Efficiency of the Construction Process

      Poon, Joanna; Potts, Keith F.; Musgrove, Peter (RICS (Royal Institute of Chartered Surveyors), 2003)
      The aim of the research outlined in this paper is to develop a best practice process model for building projects based on the use of an expert system. The CONstruction Best Practice System (CONBPS) focusses on projects which are based on the traditional procurement strategy, using the JCT 80 standard form of contract. The model clearly identifies the sequence of construction activities. It also identifies the roles and responsibilities of the major parties on the building team and the issues within the project cycle, which can prove critical to project success. The system incorporates many user-friendly functions, including the provision of multi-choice icons and the provision of an on-line help function. Besides, it also provides interim and final reports which are used to advise the participants on the success factors that they have ignored and to which aspects they should pay more attention. A framework was initially developed focussing on the whole design process with a full knowledge-based system developed for the Inception Stage. CONBPS can be used as a teaching/learning tool to assist teachers and students to better understand the construction process. Also, it could prove useful to project managers and all the participants in the construction process.
    • Construction Lawyers' Attitude and Experience with ADR

      Brooker, Penny (Sweet & Maxwell, 2002)
      Survey of construction lawyers on their experiences of ADR, particularly mediation, including mediation settlement rates, categories of disputes and parties involved in mediation, and factors involved in mediation failure or rejection.
    • Factors Influencing Contractor Performance: An International Investigation

      Xiao, Hong; Proverbs, David G. (Emerald Publishing Group Ltd., 2003)
      International comparisons of contractor performance can provide robust benchmarks for contractors in different countries and help to identify ways towards performance improvement. Based on a hypothetical construction project, overall contractor performance (OCP) in Japan, the UK and the USA is compared. Overall contractor performance is defined to embrace construction cost, construction time, construction quality and sustainable development, the philosophy being that the achievement of one aspect of performance should not be at the expense of another. Multiple regression analysis reveals that overall contractor performance is dependent on: their past performance on previous similar projects; their commitment towards lifetime employment; their perceived importance of time performance; their relationship with subcontractors; and the number of design variations during construction. To improve their overall performance, contractors are advised to focus on construction time, reduce delays, maintain a stable workforce and establish partnerships with their subcontractors. Clients should attempt to reduce design variations during construction. (Emerald Group Publishing Limited)
    • Innovative Protocols and Technologies as a Means of Complying with the Building and Construction Industry Security of Payments Act 1999 (NSW) Australia

      Ward, Peter; Sher, William; Gameson, Rod; Aranda-Mena, Guillermo (Routledge (Taylor & Francis), 2007)
      The Building and Construction Industry Security of Payments Act 1999—updated 27 November 2003, New South Wales, Australia provides a statutory framework which governs compulsory progress payments for those who undertake works or provide goods or services as part of a construction contract. Respondents to the process are being disadvantaged as a result of complying with the Act. Claimants are purported to be taking months to prepare detailed and comprehensive payment claims, prior to serving them on the respondents, who, under the Act, have limited time to compile a detailed payment schedule in response. This research investigates the use of two recent innovations that could assist in the administration of the process. The first is the Society of Construction Law's Delay and Disruption Protocol's model clauses, and the second is the use of web-based technology as a project administrative tool. A literature search was carried out, together with semi-structured qualitative interviews, to determine opinions of their use and effectiveness. Results indicate a recognition and appreciation of the likely benefits of transparency, efficiency and improved cost effectiveness of the project administrative processes, possibly resulting in potential savings and improved cost recovery opportunities, with the potential to reduce and/or avoid disputes. (Routledge)
    • Insolvency and resolution of construction contract disputes by adjudication in the UK construction industry

      Ndekugri, Issaka E.; Russell, Victoria (Taylor & Francis, 2005)
      The Housing Grants, Construction and Regeneration Act 1996 provides that a party to a construction contract has a right, at any time, to refer any dispute under the contract for adjudication. This resolution method requires a neutral third party, the adjudicator, to determine the dispute within 28 days after receipt of the referral regardless of the complexity of the issues in dispute. The decision is to be implemented even if it is palpably wrong in fact or law. A key assumption of this legislation is that any mistakes made by an adjudicator can be corrected by reference of the same to litigation or arbitration. It is a major concern that restoration of the parties to their correct positions may become impossible where, after implementation of an adjudicator's mistaken decision, the beneficiary of the decision becomes insolvent. This article is a critical review of all the cases in which the courts have dealt with the effect of insolvency on the right to adjudicate and the enforceability of adjudicators' decisions. Two main conclusions are derived from the review. First, the court may decline to enforce an adjudicator's payment decision where there is strong evidence that, on account of formal insolvency, the payee would be unable to make repayment if final resolution of the dispute necessitates it. Second, the only exception so far to the general right to refer to adjudication arises where the other party is in administration. (Taylor & Francis)
    • Negotiating Responsibility for Project Change in Collaborative Working Environments

      Ndekugri, Issaka E.; Cheung, S. O. (Lexington, VA: Washington & Lee Law School, 2005)
      Disputes from project cost escalation and delays have exercised the attention of construction management researchers for a long time. Several developments suggest research towards development of conceptual and practical tools for negotiating away informal differences before they escalate into formal disputes requiring litigation or arbitration. Of these developments, the most pressing drive for negotiation is the increased use of procurement strategies requiring the stakeholders to work in collaboration. This article reviews the literature on negotiation of variations and claims. The findings of this review are that: (i) there is very little literature on the negotiation of variations and claims which resonates with general negotiation theories; and (ii) there is a need for research on negotiations models and tools which will reflect the volume of information scattered across different documents prepared for purposes other than negotiation and the multiplicity of relevant issues and stakeholders.
    • Supplemental and settlement agreements in the performance of construction contracts and their implications for subsequent adjudications

      Ndekugri, Issaka (Sweet and Maxwell, 2021-03-16)
      Parties to construction contracts constantly negotiate a myriad of matters concerning their existing contracts. Examples include: variation of an existing contract; additional works as a separate contract; call off contracts under framework agreements; settlement of existing claims; and amicable settlement of disputes. Such negotiation options may lead to a scenario of multiple contracts between the parties under which disputes may arise. This paper critically examines the issues associated with adjudication in such a multi contract scenario and how they have been decided by the court. It is hoped that, by providing in one place understanding of the range of solutions in the most commonly encountered factual contexts, it will be a useful reference for parties to construction contracts, their advisers and adjudicators.
    • The Role of the Adjudicator Nominating Bodies in Adjudication under Construction Contracts

      Levy, L.; Ndekugri, Issaka E. (Lloyds of London Press Ltd., 2003)
      Outlines research on Adjudicator Nominating Bodies (ANBs), based on a review of literature, analysis of documents supplied by the ANBs, questionnaires and interviews. Looks at the organisational framework of ANBs, their registration and appointment procedures, the skills required of adjudicators and the monitoring of adjudicators' performance. Includes tables and a graph detailing the results.
    • Variations under the JCT Standard Form Building Contract

      Ndekugri, Issaka E.; Rycroft, M. (Sweet & Maxwell, 2002)
      Provisions of JCT standard form on variations, including variations allowed, challenging variations and general scheme for valuation of variations, giving guidance on practical implications and how to deal with potential pitfalls.