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A Study on Analysis of Dispute Resolution Mechanisms in Construction Contracts

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The construction industry is considered one of the most complex industries due to involvement of multiple stakeholders such ass clients, contractors, sun contractors, engineers, consultants, suppliers, and regulatory authorities. Each of the is associated with their roles, responsibilities and contractual obligations. Disputes commonly occur in construction projects due to their complex nature, involvement of multiple stakeholders, technical uncertainties, time and cost pressure. Improper handling of dispute may lead to project delay, cost overruns, strained relationship and long-term relationship. To mitigate these challenges various dispute resolution mechanisms such as Negotiation, Mediation, Conciliation, Adjudication, Arbitration, and Litigation are adopted in construction contracts. This study aims to analyze the effectiveness and practical applicability of different dispute resolution mechanisms adopted in construction contracts. The research is based on a combination of primary data collected from construction professionals through structured questionnaires and interaction with industry’s stakeholders, literature review. The finding highlights the preference, advantages, effectiveness of commonly used dispute resolution mechanisms while resolving construction related disputes. The study further identifies the key factors that approached for selection of dispute resolution mechanisms and evaluate their effect on the time, cost and relation management. This research analyzes the awareness and practical challenges faced by industry professionals while implementing dispute resolution clauses within the construction contract. The study offers a comparative understanding of formal and informal dispute resolution mechanisms, assessing the stakeholders for adopting evidence - based decision during contract formulation and dispute management. The outcomes of this research provide valuable insights for contractors, clients, engineers, consultants to select proper dispute resolution mechanisms, there by contributing to improved contract clauses and dispute management in construction projects.
International Journal for Multidisciplinary Research (IJFMR)
Title: A Study on Analysis of Dispute Resolution Mechanisms in Construction Contracts
Description:
The construction industry is considered one of the most complex industries due to involvement of multiple stakeholders such ass clients, contractors, sun contractors, engineers, consultants, suppliers, and regulatory authorities.
Each of the is associated with their roles, responsibilities and contractual obligations.
Disputes commonly occur in construction projects due to their complex nature, involvement of multiple stakeholders, technical uncertainties, time and cost pressure.
Improper handling of dispute may lead to project delay, cost overruns, strained relationship and long-term relationship.
To mitigate these challenges various dispute resolution mechanisms such as Negotiation, Mediation, Conciliation, Adjudication, Arbitration, and Litigation are adopted in construction contracts.
This study aims to analyze the effectiveness and practical applicability of different dispute resolution mechanisms adopted in construction contracts.
The research is based on a combination of primary data collected from construction professionals through structured questionnaires and interaction with industry’s stakeholders, literature review.
The finding highlights the preference, advantages, effectiveness of commonly used dispute resolution mechanisms while resolving construction related disputes.
The study further identifies the key factors that approached for selection of dispute resolution mechanisms and evaluate their effect on the time, cost and relation management.
This research analyzes the awareness and practical challenges faced by industry professionals while implementing dispute resolution clauses within the construction contract.
The study offers a comparative understanding of formal and informal dispute resolution mechanisms, assessing the stakeholders for adopting evidence - based decision during contract formulation and dispute management.
The outcomes of this research provide valuable insights for contractors, clients, engineers, consultants to select proper dispute resolution mechanisms, there by contributing to improved contract clauses and dispute management in construction projects.

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