Towards enhancement of conflict management in construction contracts

Kotb, Adham (2024). Towards enhancement of conflict management in construction contracts. University of Birmingham. Ph.D.

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Abstract

This thesis is concerned with a long-standing problem that continues to undermine the performance of the construction industry in the UK and internationally; that is, inadequate conflict management in construction contracts. Because the adverse financial and societal consequences of that problem are substantial, they have been repeatedly reported at a national level. However, there is no clarity on the reasons behind the construction industry’s general failure to manage conflict satisfactorily. With a focus on construction contract practice, this research joins the dots between law, economic theory, and organisational studies, to tackle two main questions. The first is, what is the root cause of the conflict management deficit in the construction industry? The second is, what is the solution for fixing the root cause? Addressing these questions should be of interest to practitioners willing to deliver more successful construction projects, to researchers in the fields of long-term contracts and dispute resolution, and to governments seeking to reduce financial wastage from the national annual budget. The thesis argues that there is a major pitfall in using a construction contract as a mechanism of conflict management and, unless that pitfall is addressed in the contract design, poor conflict management will continue to be the norm in the construction industry. The thesis proposes a process that can be integrated into construction contracts for addressing the pitfall identified. This process, it is submitted, can be suitably standardised in construction contracts, which makes it well-placed to support the enhancement of conflict management in the construction sector, not only in the UK, but globally.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

Supervisor(s):