Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2021
AbstractArbitration has been touted as one of the best methods of resolving construction disputes... more AbstractArbitration has been touted as one of the best methods of resolving construction disputes, largely due to its perceived speed, cost-effectiveness, and finality of the award. However, studie...
The construction industry is experiencing fast and adaptive innovations, new construction technol... more The construction industry is experiencing fast and adaptive innovations, new construction technologies such as 3Dimensional printed structures using robots and different platforms are increasingly developed laid by Building Information Modeling (BIM). The technology is transforming the way that buildings and infrastructure are designed, constructed and operated and it is helping to improve decision making and performance across the buildings and infrastructure. Where BIM has not been fully applied to the infrastructure life cycle like our case of Rwanda, the industry has to undergo these technologies to be in line with others. BIM adoption on construction projects in Rwanda is an issue discussed in this study. Results revealed that only 29.1% of the total respondents were aware of BIM existence, 82.9% of those who were aware have been using it while 17.1% have not. 2D and 3D are the most frequently BIM dimensions used in Rwanda. The study validated the current shortage of building d...
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2021
AbstractBy referring their disputes to arbitration, users expect a speedy, economical, and satisf... more AbstractBy referring their disputes to arbitration, users expect a speedy, economical, and satisfactory resolution. While some cases may have achieved these objectives, others have not. It is not u...
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2020
AbstractPersistent delays remain a major concern to many users of construction arbitration. Despi... more AbstractPersistent delays remain a major concern to many users of construction arbitration. Despite concerted attempts to identify the causes, the existing literature has made little effort toward ...
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2021
Arbitration has been touted as one of the best methods of resolving construction disputes, largel... more Arbitration has been touted as one of the best methods of resolving construction disputes, largely due to its perceived speed, cost-effectiveness, and finality of the award. However, studies have shown that arbitration has fallen into disrepute, with several complaints raised regarding its effectiveness in terms of delays, huge expenses, and the high number of challenged awards, leaving many users frustrated. Despite much having been written about the effectiveness of arbitration, little effort has been made towards explaining why construction arbitration tends to be more effective in some cases than in others, leaving a weak conceptual understanding of the interactions among the various factors in influencing such effectiveness. Drawing on the various theories and models of organizational justice, the aim of this multiple case study is to explain the interactions among the factors influencing the effectiveness of construction arbitration. Based on analysis of rich qualitative data ...
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2021
By referring their disputes to arbitration, users expect a speedy, economical, and satisfactory r... more By referring their disputes to arbitration, users expect a speedy, economical, and satisfactory resolution. While some cases may have achieved these objectives, others have not. It is not uncommon to come across a mix of cases, some that have taken a short time, others that have taken considerably longer to resolve. The factors contributing to this varied time performance have remained underexplored in construction arbitration. It remains unclear why cases of similar characteristics take varying duration to conclude, making it difficult for participants in the arbitral process to intensify the positive effect of the factors while attenuating their negative impact on time performance. To address this gap, the researchers conducted a qualitative multiple case study involving 22 semi-structured in-depth interviews and documentary analysis in eight concluded cases involving construction arbitration. Findings attribute variations in the time performance to the interaction between distrib...
The evolution of procurement systems in Africa, like in other continents across the world could a... more The evolution of procurement systems in Africa, like in other continents across the world could almost be plotted on a date line, starting with traditional tendering which was inherited from the colonial system at one end, through to 'innovative procurement systems' at the other. There is enough evidence to suggest that almost all-African construction industries intelligentsia have depended on procurement
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2020
Persistent delays remain a major concern to many users of construction arbitration. Despite conce... more Persistent delays remain a major concern to many users of construction arbitration. Despite concerted attempts to identify the causes, existing literature has made little effort towards explaining why these delays occur. The aim of this paper is to report on the findings of a qualitative case study undertaken to explain the causes of these delays based on the control model of procedural justice. Relying on documentary analysis and thirteen in-depth semi-structured interviews of participants in five cases, findings suggest that all the cases experienced delays. These delays were attributed to the tribunals' failure to streamline proceedings when process control was skewed in favour of one party. The research contributes to knowledge by extending the application of the process control model of procedural justice from its earlier application in explaining outcomes in decision-making contexts to its use in explaining the causes of delays in construction arbitration. These findings provide a more nuanced understanding of the causes and form the basis upon which measures aimed at minimising these delays are proposed.
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2021
AbstractArbitration has been touted as one of the best methods of resolving construction disputes... more AbstractArbitration has been touted as one of the best methods of resolving construction disputes, largely due to its perceived speed, cost-effectiveness, and finality of the award. However, studie...
The construction industry is experiencing fast and adaptive innovations, new construction technol... more The construction industry is experiencing fast and adaptive innovations, new construction technologies such as 3Dimensional printed structures using robots and different platforms are increasingly developed laid by Building Information Modeling (BIM). The technology is transforming the way that buildings and infrastructure are designed, constructed and operated and it is helping to improve decision making and performance across the buildings and infrastructure. Where BIM has not been fully applied to the infrastructure life cycle like our case of Rwanda, the industry has to undergo these technologies to be in line with others. BIM adoption on construction projects in Rwanda is an issue discussed in this study. Results revealed that only 29.1% of the total respondents were aware of BIM existence, 82.9% of those who were aware have been using it while 17.1% have not. 2D and 3D are the most frequently BIM dimensions used in Rwanda. The study validated the current shortage of building d...
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2021
AbstractBy referring their disputes to arbitration, users expect a speedy, economical, and satisf... more AbstractBy referring their disputes to arbitration, users expect a speedy, economical, and satisfactory resolution. While some cases may have achieved these objectives, others have not. It is not u...
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2020
AbstractPersistent delays remain a major concern to many users of construction arbitration. Despi... more AbstractPersistent delays remain a major concern to many users of construction arbitration. Despite concerted attempts to identify the causes, the existing literature has made little effort toward ...
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2021
Arbitration has been touted as one of the best methods of resolving construction disputes, largel... more Arbitration has been touted as one of the best methods of resolving construction disputes, largely due to its perceived speed, cost-effectiveness, and finality of the award. However, studies have shown that arbitration has fallen into disrepute, with several complaints raised regarding its effectiveness in terms of delays, huge expenses, and the high number of challenged awards, leaving many users frustrated. Despite much having been written about the effectiveness of arbitration, little effort has been made towards explaining why construction arbitration tends to be more effective in some cases than in others, leaving a weak conceptual understanding of the interactions among the various factors in influencing such effectiveness. Drawing on the various theories and models of organizational justice, the aim of this multiple case study is to explain the interactions among the factors influencing the effectiveness of construction arbitration. Based on analysis of rich qualitative data ...
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2021
By referring their disputes to arbitration, users expect a speedy, economical, and satisfactory r... more By referring their disputes to arbitration, users expect a speedy, economical, and satisfactory resolution. While some cases may have achieved these objectives, others have not. It is not uncommon to come across a mix of cases, some that have taken a short time, others that have taken considerably longer to resolve. The factors contributing to this varied time performance have remained underexplored in construction arbitration. It remains unclear why cases of similar characteristics take varying duration to conclude, making it difficult for participants in the arbitral process to intensify the positive effect of the factors while attenuating their negative impact on time performance. To address this gap, the researchers conducted a qualitative multiple case study involving 22 semi-structured in-depth interviews and documentary analysis in eight concluded cases involving construction arbitration. Findings attribute variations in the time performance to the interaction between distrib...
The evolution of procurement systems in Africa, like in other continents across the world could a... more The evolution of procurement systems in Africa, like in other continents across the world could almost be plotted on a date line, starting with traditional tendering which was inherited from the colonial system at one end, through to 'innovative procurement systems' at the other. There is enough evidence to suggest that almost all-African construction industries intelligentsia have depended on procurement
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2020
Persistent delays remain a major concern to many users of construction arbitration. Despite conce... more Persistent delays remain a major concern to many users of construction arbitration. Despite concerted attempts to identify the causes, existing literature has made little effort towards explaining why these delays occur. The aim of this paper is to report on the findings of a qualitative case study undertaken to explain the causes of these delays based on the control model of procedural justice. Relying on documentary analysis and thirteen in-depth semi-structured interviews of participants in five cases, findings suggest that all the cases experienced delays. These delays were attributed to the tribunals' failure to streamline proceedings when process control was skewed in favour of one party. The research contributes to knowledge by extending the application of the process control model of procedural justice from its earlier application in explaining outcomes in decision-making contexts to its use in explaining the causes of delays in construction arbitration. These findings provide a more nuanced understanding of the causes and form the basis upon which measures aimed at minimising these delays are proposed.
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