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Construction Dispute Research

Conceptualisation, Avoidance and Resolution
Artikelnummer: 978-3-319-34728-8
Einband: Kartonierter Einband (Kt)
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There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute.  The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of 'prevention is better than cure' seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored.  The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.
EUDR exemption - product or manufacturing materials placed on the market prior to 31.12.2025.
There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute.  The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of 'prevention is better than cure' seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored.  The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.
EUDR exemption - product or manufacturing materials placed on the market prior to 31.12.2025.
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VerlagSpringer EN
EinbandKartonierter Einband (Kt)
Erscheinungsjahr2016
Seitenangabe410 S.
AusgabekennzeichenEnglisch
AbbildungenXV, 410 p. 80 illus., schwarz-weiss Illustrationen
MasseH23.5 cm x B15.5 cm 6'438 g
CoverlagSpringer (Imprint/Brand)
AuflageSoftcover reprint of the original 1st ed. 2014
AutorCheung, Sai On (Hrsg.)

Über den Autor Sai On (Hrsg.) Cheung

The editors, Professor Sai On Cheung and Dr. Liuying Zhu, together with seven researchers have brought to the construction community a thought-provoking volume on construction incentivization. Professor Cheung established the Construction Dispute Resolution Research Unit at the City University of Hong Kong in 2002. Since then, the Unit has published widely in the areas of construction dispute resolution and related topics including trust and incentivization. With the collective efforts of the members of the Unit, two research volumes titled Construction Dispute Research and Construction Dispute Research Expanded were published in 2014 and 2021, respectively. Professor Cheung received a D.Sc. for his research in Construction Dispute. Dr. Liuying Zhu works at the School of Management, Shanghai University. Dr. Zhu received her M.Sc. degree (Distinction) and Ph.D. from the City University of Hong Kong. Her M.Sc. dissertation was awarded the 2016 Best Dissertation (Master category) by the Hong Kong Institute of Surveyors. Her doctoral study on construction incentivization was completed with the Construction Dispute Resolution Research Unit. Her current research focuses on construction project management, construction incentivization, and project dispute avoidance. Dr. Zhu has published articles in international journals and book chapters in these topics. The other chapter contributors include Professor Tak Wing Yiu, Professor Shek Pui Wong, Dr. Pui Ting Chow, Dr. Keyao Li, Dr. Qiuwen Ma, Miss Sen Lin, and Miss Nan Cao. All authors have been involved in the research programs of the Construction Dispute Resolution Research Unit and are experts in the respective incentivization topics they have contributed.

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