An aetiology of construction disputes

This thesis investigates disputes between contracting parties to construction projects in the United Kingdom (UK). The overall aim of the thesis is to investigate the aetiology of construction disputes. Within that aim measurable objectives are set; to investigate the incidence of dispute; to review the literature on the causes of disputes and to discuss the role of scientific explanation in the study of disputes.

In order to investigate aetiology, taxonomies are developed for both construction disputes and the causes of disputes. The usefulness of scientific classification via taxonomy is described as a natural framework for the organisation of study.

The received wisdoms that construction: is plagued by contractual disputes; that the occurrence of dispute has risen recently, and continues to rise; and that the performance of the industry is adversely affected are investigated. Descriptive statistics are provided by the data collected and it is suggested that 2.5% of construction contracts end in arbitration and 3.4% in litigation.

The thesis discusses the absence of scientific method in the existing published research into causes of construction disputes, and argues that prediction can only be brought about by rigorous research and analysis. The concept of the impossibility of scientific proof is discussed, and the pragmatic techniques employed in medical research are suggested as a checklist to confirm causal relationships and explanations.

A predictive model is developed; the occurrence of disputes on construction projects is predicted from the manipulation of independent variables identified by the taxonomies designed. Data is collected from completed construction projects via questionnaires; and via linear regression a predictive model containing just 3 independent variables is produced. Statistical tests indicate that the model works well by explaining the observed variability in dispute occurrence.

Recommendations are made for further research.