THE DEVELOPMENT OF ANATOMY OF CONSTRUCTION DISPUTE

Author(s):  
Felix Hidayat ◽  
Biemo W. Soemardi

The advancement of the construction industry in Indonesia is often not accompanied with adequate infrastructure system, especially in terms of regulations and legal system. The enactment of Law no 80–1999 has contributed to the expansion of construction market by allowing the private sector, including those from overseas, to play bigger roles in the industry. Although strongly acknowledged by stakeholders in the industry, the progress made by the government and the practitioner in the industry to response to the needs for more appropriate actions to cope with this ever increasingly complex system has been very slow. The dynamic of the construction industry in the region has changed the formerly rigid government-dominated construction sector to become an intricate one. The impact of such dynamic in the industry has been apparent. In particular, construction disputes have been experiencing changing in the dynamic of the way the disputes were handled; from the traditional litigation approach toward modern alternative dispute resolution mechanism. While litigation remains the dominant construction dispute resolution mechanism, nonlitigation approaches such as arbitration and dispute review board are beginning to gain recognition in industry. This paper presents a study on the development of anatomy of construction dispute in Indonesia, which will serve as a framework for analyzing the dynamic of construction disputes in Indonesia. Such a framework will help to identify factors affecting construction dispute mechanism, from the initiation of disputes to the resolution. The anatomy is developed based on analysis of construction dispute cases that have been recorded in judicial courts as well as from Indonesian Arbitration Board.

2022 ◽  
Vol 6 (1) ◽  
pp. 21-33
Author(s):  
Sun Zhenyun Jia ◽  
◽  
Guanzhong Cao Wei ◽  
Lin Wu Yutang ◽  
◽  
...  

Construction industry is a significant contributor to the Chinese economy. The industry has more than 12 million employers with over 250 million employees and creates almost $1.9 trillion worth of structures yearly. Civil construction remains the main driver of growth in China. Basically, a task is developed to meet market demands or demands in a timely fashion. Different possibilities may be thought about in the conceptual drawing board, and also the technical and also financial feasibility of each alternative will be assessed and compared in order to select the very best feasible job. The construction industry in China is forecast to grow by 7.7% in 2021, driven by strong Y-o-Y growth in the first quarter, reflecting the comparison to the previous year's period when construction work was halted across most of the country. Thereafter, the construction industry is expected to record an average annual growth of 4.2% between 2022 and 2025. The industry's growth over the forecast period is expected to be driven by investments on new infrastructure, including investment in the areas of 5G networks, Artificial Intelligence, the Internet of Things, and data centers. According to the government-backed think tank, the China Electronic Information Industry Development, the country is expected to spend CNY10 trillion (US$1.4 trillion) on new infrastructure projects between 2020 and 2025. This study evaluated factors affecting construction sector performance: explanatory factor analysis evidence from China. From the literature reviewed, it was established that entering the Chinese construction market is still seen as exciting but difficult by many foreign contractors and consultants. The study found out that rising material and labor costs, labor woes, increased competition and shrinking profit margins were some of the challenges construction firms in Chin face. The study concludes that the implementation of construction safety laws and the rate of subcontracting are relevant factors affecting construction sector in China, while neither the extent of using temporary workers, nor the availability of resources, nor the level of per capita GDP has any effects. Keywords. Construction sector, safety performance, construction sector, labor costs, increased competition, shrinking profit margins


2015 ◽  
Vol 3 (2) ◽  
pp. 69-84
Author(s):  
Wadhah Amer Hatem ◽  
Samiaah M. Hassen Al-Tmeemy

     Suicide attacks, bombings, explosions became the part of daily life in Iraq. Consequently, the threat of terrorism put the Iraqi construction sector in the face of unique and unusual challenges that not seen on other countries. These challenges can have extensive impact on construction projects. This paper seeks to examine the impact of the terrorist attacks on construction industry and determine the extent to which the impact of terrorism on construction projects in terms of cost, schedule, and quality. This study adapted quantitative and qualitative approaches to collect data using questionnaire survey and interviews, as well as historical data. The study focused on projects that have been the target of terrorist strikes in Diyala governorate. A variety of statistical procedures were employed in data analysis. The results revealed the extent to which terrorist attacks impact construction projects in terms of cost, time, and quality. The results of this study will enhance the awareness of all construction parties to the impact of the terrorist attacks against construction projects. Eventually, this can develop a risk management assessment and assist contractors to properly protect projects and buildings to minimize injuries and fatalities in the event of terrorism.


2019 ◽  
Vol 11 (3) ◽  
pp. 926 ◽  
Author(s):  
Gui Ye ◽  
Yuhe Wang ◽  
Yuxin Zhang ◽  
Liming Wang ◽  
Houli Xie ◽  
...  

Total factor productivity (TFP) is of critical importance to the sustainable development of construction industry. This paper presents an analysis on the impact of migrant workers on TFP in Chinese construction sector. Interestingly, Solow Residual Approach is applied to conduct the analysis through comparing two scenarios, namely the scenario without considering migrant workers (Scenario A) and the scenario with including migrant workers (Scenario B). The data are collected from the China Statistical Yearbook on Construction and Chinese Annual Report on Migrant Workers for the period of 2008–2015. The results indicate that migrant workers have a significant impact on TFP, during the surveyed period they improved TFP by 10.42% in total and promoted the annual average TFP growth by 0.96%. Hence, it can be seen that the impact of migrant workers on TFP is very significant, whilst the main reason for such impact is believed to be the improvement of migrant workers’ quality obtained mainly throughout learning by doing.


2019 ◽  
Vol 24 (3) ◽  
pp. 630-654 ◽  
Author(s):  
Majid Parchami Jalal ◽  
Shahab Shoar

Purpose This paper aims to model different causal relations among factors interacting with labour productivity in order to recognize the most important factors influencing and influenced by it. Design/methodology/approach Top 60 factors affecting labour productivity were determined and grouped into 5 major groups by reviewing previous research and interviewing relevant experts. The interactions of factors were modelled using system dynamics (SD) approach. The resulting causal loop diagrams obtained from SD were then applied for identifying the most crucial factors influencing and influenced by labour productivity through the decision-making trial and evaluation laboratory (DEMATEL) method. The impact of factors on each other was finally determined based on the opinions of 63 experts selected from the Iranian construction industry. Findings The results indicated that factors such as fatigue, lack of labour motivation and lack of skill are the most influencing, and factors such as schedule delay and inflation in the cost of execution are the most influenced by labour productivity. In the end, a set of recommendations to improve construction labour productivity was also presented. Originality/value The main contribution of the study is proposing a novel method which is capable of providing insights into how causes and effects of construction labour productivity are interrelated. Furthermore, the proposed method makes this study distinct from previous research in the light of prioritizing factors and offering recommendations according to the interrelationships among factors.


2010 ◽  
Vol 18 (1) ◽  
pp. 17-23
Author(s):  
E. Jankovichová

The global economy and its influence on the Slovak construction sectorFor the construction industry, globalization is a trend that means two things: many opportunities and many threats. In the conditions of globalization many management approaches, such as organization structure, strategy forming, planning, motivation and control procedures, communication channels, risk management, etc., must transform. The aim of the paper is to analyze the influence of globalization on the construction industry in Slovakia and identify the impact of globalization on construction companies in this area.


2019 ◽  
Vol 21 (2) ◽  
pp. 258-278 ◽  
Author(s):  
Ridhi Bhatia ◽  
Udita Taneja

Purpose: This study focuses on the degree of acceptance of different categories of eHealth among the Indian consumers and the factors that determine acceptance and intention to use these services. The factors included for the study are as follows: demographic factors, use of information and communication technology (ICT) and the status of healthcare. Design/methodology/approach: Data were collected through personal interviews from a sample of 125 respondents living in urban and semi-urban villages in the National Capital Territory (NCT) of Delhi of India. Quota sampling method was used so that the impact of demographic factors on eHealth services could be analysed. Findings: From this study, we can conclude that the key factors that need to be considered include age, location, computer literacy and healthcare status in terms of healthcare need, accessibility and satisfaction. Practical implications: The results of this study will help in determining the customer segment and size of the market for eHealth. The government can also use the findings of this study to improve the quality of healthcare for its people by ensuring better utilization of eHealth services. Originality/value: eHealth services are an emerging solution to address the issues of healthcare accessibility, affordability and financial viability in developing countries like India. This study contributes to the limited existing literature on exploring the consumers’ intention to use eHealth services in India and the factors that will determine this intention.


1995 ◽  
Vol 22 (1) ◽  
pp. 15-22 ◽  
Author(s):  
Francis T. Hartman ◽  
George F. Jergeas

Alternative dispute resolution methods remain an area of interest and study because of the continued increase in the incidence of disputes, be they claims or litigation. Practice in the industry tends to stimulate litigation if negotiation of claims is unsuccessful. At variance with this is the declared preference of construction industry practitioners for mediation over arbitration and for arbitration over litigation. Mediation has had a high success rate when used in construction dispute resolution. The cost of mediation is significantly lower than litigation or arbitration. The probability of the parties to the dispute being able to work together effectively after the dispute has been resolved is higher, and the dispute can be resolved more quickly than by arbitration or litigation. This paper presents the findings of a study undertaken to identify a better process for construction contracting. An essential part of the new process is the use of proactive mediation. Proactive mediation is the use of a mediator prior to a dispute arising to help identify and address potential problems before they become difficult or unsolvable issues. The proposed methodology has been tested through a process which obtained the input of over 60 senior industry practitioners. Key words: mediation, construction management, contracts, claims, cost reduction, alternate dispute resolution, risk management.


2016 ◽  
Vol 23 (2) ◽  
pp. 134-157 ◽  
Author(s):  
Nicholas Chileshe ◽  
Raufdeen Rameezdeen ◽  
M. Reza Hosseini

Purpose – The purpose of this paper is to investigate and analyse the perceptions of South Australian construction practitioners on drivers affecting the implementation of reverse logistics (RL). In this context, RL is defined as the process of moving goods from their typical final destination for the purpose of capturing value or ensuring proper disposal. Design/methodology/approach – Semi-structured interviews were conducted with eight practitioners to collect data and the interview transcripts were analysed using the NVivo (version 10) package. Cluster analysis was used to cross-validate the findings and provide an in-depth insight into the findings. Findings – The findings indicate that most of the drivers identified in earlier research are relevant for the construction industry. In addition, the study identified some new drivers that are categorised as “targeted demands by an exclusive clientele”. These drivers were found to be complementary to the economic, environmental and social drivers as previously conceptualised. In addition, a set of factors affecting the strength of drivers that had been overlooked in previous studies emanated from the interview analysis. These include the type of project and the attributes of clients, both of which strongly affect the drivers of RL implementation in construction. Research limitations/implications – The major limitations are the relatively small size of the sample of interviewees and having interviewees from one geographic area with specific socio-economic characteristics. Practical implications – The identified drivers and the clustering of RL themes could be used by practitioners as a “road map” for the development of appropriate solutions to successfully promote RL within the construction industry. Organisational energies could thus be channelled towards the drivers that need the most improvement. Originality/value – The study contributes to this research sphere by employing cluster analysis to customise and contextualise the drivers that were previously identified. The study goes beyond the extant literature by discovering the prominent effects of these drivers on the impact of targeted demands by an exclusive clientele. This could be of great value in terms of creating avenues for future investigations on the topic.


2021 ◽  
Vol 16 (2) ◽  
pp. 88-121
Author(s):  
Nathalie da Silva Cavalcanti ◽  
Cezar Augusto Romano

Purpose– This article aims to assess the influence of cost strategy policies on the performance of sole traders, small and medium-sized companies in the civil construction sector in Curitiba and the Metropolitan Region (southern Brazil). Design/methodology/approach– Using a questionnaire, the survey collected data from 95 companies. The data has been analyzed based on descriptive statistics and multivariate analysis using discriminant analysis. Findings– Results showed that a lack of a strategic process is more evident in companies classified as low to medium performance companies. Only 36% of companies are positioned for only one of the positioning strategies. The cost strategy variable, which had the greatest impact on performance, was the policy with “greater simplification/standardization of products/services” compared to the other variables analyzed in the study. Originality/value– Results imply that most companies do not have a strategic position and that it is possible to obtain better performance through strategic management, encouraging the development of this perspective in companies in the sector. Keywords - Construction Industry; Strategy; Strategic management; Cost strategy; Survey.


Media Trend ◽  
2019 ◽  
Vol 14 (2) ◽  
pp. 194-200
Author(s):  
Mochamad Thoriq Akbar ◽  
Estro Dariatno Sihaloho

Indonesia is the largest archipelago country with over than 260 million population. Yet, its archipelagic state makes it hard for the Indonesian government to distribute its income equally, causing severe poverty in certain regions. To overcome this problem, the role of construction industry is very crucial. Many papers say construction industry plays an important role to achieve socio-economic development goals in providing shelter, physical infrastructure, employment, and higher economic growth. Knowing the importance of construction sector, especially in physical infrastructure, President of Indonesia, Joko Widodo, focuses on accelerating infrastructure development. To equally distribute the development between rural and urban areas and shorten the level of inequality, in 2015 Indonesian government made a program in a form of fiscal transfers called Village Fund program. The objective of this paper is to measure the impact of Village Fund program in developing physical infrastructure across provinces in Indonesia. This paper used panel data with Random Effect Model to analyze the marginal effect of Village Fund in construction sector. The finished construction value is used as the dependent variable. As the independent variable, this paper uses the amount of Village Fund given and Gross Domestic Regional Product (GRDP) as the control variable in 33 provinces that participated in Village Fund program during 2015 and 2016. Setting with α = 0.01, the result shows that Village Fund program has a marginal positive effect to finished construction value. Every one percentage point change in Village Fund increases the amount of construction value finished by 0.033%. For the other variable, every 1% increase in GRDP also increase the construction value by 0.41%. We hope this paper could be useful to evaluate the implementation of Village Fund and as a base for making similar policies in the future. Keywords: Village Fund, Construction Value, Infrastructure, GRDP, Random Effect Model 


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