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Conflict and dispute in construction

Author

Listed:
  • Peter Fenn
  • David Lowe
  • Christopher Speck

Abstract

'Conflict' and 'dispute' are two distinct notions. The conceptual difference between the two is explored and further reviewed through the literature on conflict and dispute in the field of construction; a taxonomy for future study is also introduced. Conflict, it is proposed, exists wherever there is incompatibility of interest, and therefore is pandemic. Conflict can be managed, possibly to the extent of preventing a dispute resulting from the conflict. Dispute is associated with distinct justiciable issues. Disputes require resolution. This means that they can be managed: the process of dispute resolution lends itself to third party intervention. The construction industry and the chemical process industry in the UK are compared, through perceptions and experiences of conflict and disputes arising from their two sets of standard contract forms. The methodology is a review of published cases and a survey conducted among professionals with experience. The paucity of research in this field is discussed and the empirical work on the causes of conflict and dispute is reviewed. It is concluded that effective management of conflicts and disputes would be furthered by separating the two fields, and particularly by applying a more stringent structuring.

Suggested Citation

  • Peter Fenn & David Lowe & Christopher Speck, 1997. "Conflict and dispute in construction," Construction Management and Economics, Taylor & Francis Journals, vol. 15(6), pages 513-518.
    • Handle: RePEc:taf:conmgt:v:15:y:1997:i:6:p:513-518
    DOI: 10.1080/014461997372719
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    Citations

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    Cited by:

    1. Luong Hai Nguyen & Tsunemi Watanabe, 2017. "The Impact of Project Organizational Culture on the Performance of Construction Projects," Sustainability, MDPI, vol. 9(5), pages 1-21, May.
    2. Matthias Lang, 2020. "Mechanism Design with Narratives," CESifo Working Paper Series 8502, CESifo.
    3. Summaira Malik & Muhammad Taqi & José Moleiro Martins & Mário Nuno Mata & João Manuel Pereira & António Abreu, 2021. "Exploring the Relationship between Communication and Success of Construction Projects: The Mediating Role of Conflict," Sustainability, MDPI, vol. 13(8), pages 1-16, April.
    4. JeeHee Lee & Youngjib Ham & June-Seong Yi, 2021. "Construction Disputes and Associated Contractual Knowledge Discovery Using Unstructured Text-Heavy Data: Legal Cases in the United Kingdom," Sustainability, MDPI, vol. 13(16), pages 1-17, August.
    5. Murali Jagannathan & Venkata Santosh Kumar Delhi, 2020. "Perceptions of Stakeholders on the ‘Redraftability’ of Construction Contracts," IIM Kozhikode Society & Management Review, , vol. 9(2), pages 152-161, July.
    6. Chengedzai MAFINI & POOBIE PILLAY, 2017. "A Diagnostic Review Of The Barriers To Supply Chain Management In Construction Supply Chains," Proceedings of Business and Management Conferences 5607304, International Institute of Social and Economic Sciences.
    7. Alpkokin, Pelin & Capar, Murat Samil, 2019. "Dispute boards in Turkey for infrastructure projects," Utilities Policy, Elsevier, vol. 60(C), pages 1-1.

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