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For graduate and advanced undergraduate courses in Dispute Resolution. This text addresses new and innovative ways to promote collaborative environments and resolve disputes in construction by emphasizing the different steps in the Dispute Resolution Ladder and spelling out the main features of a conflict management plan. It also includes some practical applications of Dispute Avoidance and Resolution Techniques in the construction industry throughout different cultures.
- Sales Rank: #3638832 in Books
- Brand: Prentice Hall
- Published on: 2002-09-25
- Ingredients: Example Ingredients
- Original language: English
- Number of items: 1
- Dimensions: 9.50" h x .75" w x 7.25" l,
- Binding: Hardcover
- 264 pages
- Used Book in Good Condition
From the Back Cover
This introductory textbook presents the basis for knowledge in the areas of dispute avoidance and resolution in the construction industry. It addresses new and innovative ways to promote collaborative environments and resolve disputes in construction by emphasizing the different steps in the Dispute Resolution Ladder and spelling out the main features of a conflict management plan. It also includes some practical applications of dispute avoidance and resolution techniques in the construction industry throughout different countries.
This book is essential reading for graduate and upper-level undergraduate students, as well as for practicing professionals such as construction managers, design engineers, and business owners. Students should use this book to develop the basis for knowledge in the area of dispute avoidance and resolution in the construction industry, while current practicing professionals should compare the contents of this book with the scope of their current knowledge, keeping an open mind in new techniques. This book is divided into 12 distinct chapters following the concept of the Dispute Resolution Ladder.
Features include:- Actual Case Studies are introduced at the beginning of each chapter and revisited at the end of each chapter for a better correlation of theory with practice
- How to and Example sections in each chapter illustrate how different dispute avoidance and resolution techniques have been implemented in actual construction projects
- Points for Discussions section at the end of each chapter encourages the reader to contextualize the material within each chapter as it may apply to the problem raised
About the Author
Feniosky Pena-Mora (Sc.D., MIT) is an Associate Professor of Information Technology and Project Management in the Civil and Environmental Engineering Department's Intelligent Engineering Systems Group at the Massachusetts Institute of Technology. Professor Pena-Mora's current research interests are in information technology support for collaboration, change management, conflict resolution, and process integration during design and development of large-scale engineering systems. He is the leader of the Da Vinci Agent Society Initiative at MIT that integrates his research interests. He is the author of publications on computer-supported conflict resolution, computer-supported engineering design and construction, and project control and management of large-scale engineering systems. One of his publications received the 1995 award for best paper published in the ASCE Journal of Computing in Civil Engineering. He is also holder of a 1999 NSF Career Award and a 2000 White House PECASE (Presidential Early Career Award for Scientists and Engineers) Award. He has been an invited speaker at numerous conferences and symposiums, including the 2001 National Academy of Engineering Frontiers of Engineering Symposium. Professor Pena-Mora has been a consultant for industry and governments in Argentina, Colombia, Dominican Republic, Japan, Puerto Rico, and the United States. He is the chief technology officer for Pena Alcantara Consultants, a consulting firm specializing in project management and information technology. He was the chief technology officer for inMe6ting.com, an Internet company specializing in managing rich collaborative sessions in heterogeneous devices for large-scale product development. In the Boston Central Artery/Third Harbor Tunnel Project, he was the chief information technology consultant for the project director. There, he focused on information technology support for change management and process integration during the design and construction stages of this $13.6 billion decade-long regional engineering endeavor.
Carlos E. Sosa (M.Sc., MIT) is a practicing professional in the field of claim management and dispute resolution in Venezuela. After working with some of the major contractors in Venezuela, in 1997 he began his own consulting firm dedicated to offering construction management and dispute avoidance and resolution services to contractors and developers. In 1999 he led the development and successful launch of Venezuela's first and most important Internet construction portal, www.areazul.com, together with the Venezuelan Construction Chamber. Currently he is working on expanding the services offered by his firm throughout Latin America.
D. Sean McCone (M.Sc., MIT) is a practicing professional in the construction management and engineering profession. He completed his undergraduate studies at the University of Illinois at Urbana-Champaign while working for Johnson, Mirmiran and Thompson, a transportation-engineering firm in Baltimore, Maryland, as a work/study student. As an assistant program manager he was involved in the management for the design of over $1 billion in capital improvements at the Baltimore Washington International Airport.
Excerpt. � Reprinted by permission. All rights reserved.
Leading construction experts have identified productivity, innovation, cost control, safety, and litigation expenses as critical areas in need of improvement in the construction industry of this next century. In the United States alone, $60 billion is spent every year on lawsuits, nearly $5 billion of which is accounted for by the construction industry. The fact that these construction litigation expenditures have increased at an average rate of 10% per year for the past 10 years is one of the primary motivations for this text. This reality has generated the need to develop new dispute avoidance and resolution techniques (DART) with the aim of curbing this cost spiral and improving productivity. Fueled by this need, and as projects throughout the world continually achieve higher levels of complexity, the field of construction dispute resolution has exploded with innovative ways of preventing conflict and resolving disagreements. Companies have found that in highly competitive markets, the resolution of disputes has become a key to forging stronger and longer-lasting relationships with their clients. As a result, the construction industry has been in the forefront of the development of DART. This text presents and reviews a significant number of new and innovative ways of promoting collaborative environments and resolving disputes in construction and includes some practical applications of DART in the construction industry in a number of nations. The aim is to provide the reader with data to support the successes or failures of these techniques in multiple cultures.
In an effort to ground the material, some examples are presented of how the material relates to current construction projects. These examples are referred to as cases. Not all the information specific to the projects has been presented, as they are included only to correlate theory with practice; moreover, they are not included to illustrate either effective or ineffective handling of dispute avoidance and resolution procedures. In addition, some names or facts may have been changed for confidentiality reasons. Each of the relevant chapters opens with an introduction of facts to the project and leaves the reader with some questions to ponder while reading the chapter. At the end of each chapter the project is revisited to relate the chapter information to the project situation.
CONTENTThis introductory text is divided into 12 chapters. The first chapter describes the construction industry, focusing on its size, structure, relationships, and sources of conflicts. Chapter 2 presents a background for the evolution of construction DART. It also presents a brief review of the reasons behind the apparent large number of disputes in the construction industry and identifies characteristics that make the construction process adversarial in nature. The final section of Chapter 2 looks at two different proposals for the organization of DART in the construction industry and selects the concept of the "dispute resolution ladder" (DRL) to organize and present different techniques found being used around the world.
Chapters 3 through 9 present a state-of-the-art review of DART in the construction industry following each of the stages of the DRL defined in Chapter 2. Chapter 3 reviews techniques in the prevention stage with examples of mechanisms that can mitigate and discourage disputes during the construction process. This chapter highlights the role the owner plays in the introduction of dispute avoidance and resolution (DAR) clauses in construction contracts and as a promoter of honest communications among the parties to the project. Chapter 4 reviews the concept of partnering. Although not a stage in the DRL, partnering was developed to change the adversarial,approach to the construction process, with the aim of improving job performance and reducing conflict and confrontation. This concept integrates dispute resolution with other communication and collaboration techniques that have resulted in a significant reduction in the number of conflicts in those projects in which it is fully implemented. This chapter introduces the essential phases of the system and its key components.
Chapter 5 examines the negotiation stage in the process of dispute resolution in construction. This chapter offers three different approaches to improving the outcomes of negotiations: step negotiations, structured negotiations, and facilitated negotiations. The introduction of neutral third parties begins in Chapter 6, with the standing-neutral stage, a concept based on the incorporation of an unbiased, knowledgeable party as an instrument for resolving disputes efficiently and effectively as soon as they develop. Chapter 7 examines the nonbinding phase of the DRL, covering mediation, advisory opinion, fact-based mediation, minitrial, summary jury trial, and voluntary settlement conference as the available DART techniques. A significant acceptance of nonbinding dispute resolution mechanisms is reflected in the number of variations that have developed, as these procedures represent the last stage of the DRL in which the parties have control over the outcome of the dispute.
Chapter 8 examines approaches in which a third party issues a final award to settle the dispute. These approaches correspond to the binding dispute resolution stage in the DRL. Arbitration, the most common form of binding resolution procedure, is reviewed, together with three other developments that can prove advantageous to a project that may be inclined to minimizing arbitration. Finally, as part of this review of DART in construction, Chapter 9 looks at alternative litigation and litigation as the last stage in the DRL. This stage corresponds to a dispute resolution procedure of last resort and is examined together with three techniques that can help reduce the amount of resources spent on court proceedings (i.e., time and money).
Chapter 10 presents the concept of a conflict management plan for projects. In all arenas of construction, conflict is evident, but being able to quantify the degree of conflict is challenging. Taking into consideration the causes and results of the most common conflict situations, a conflict management plan can be designed from the DART presented in the previous chapters. The probability that conflict will occur is assessed along with the impact that each conflict may have on the project. A preventive strategy is developed to reduce the probability of conflict, and a resolution strategy is planned to minimize the impact of conflict if it does occur. The resulting conflict management plan will help owners and contractors evaluate the interactions among participants and actively involve everyone in the dispute resolution process.
Chapter 11 analyzes a light-rail transit project in San Juan, Puerto Rico. This case study is included to promote discussion on the methods of avoiding claims and resolving disputes used in the project. This project made use of preventive measures such as partnering as well as a predefined dispute resolution system. Analyzing this project allows the reader to envision how new and innovative techniques can be implemented in the industry.
Finally, Chapter 12 presents the conclusions of the text. First, it summarizes the DART techniques. Second, it highlights the importance of alternative dispute resolution in construction worldwide and demonstrates how cultural conditions have affected the selection of the DART, based on the examples presented throughout the book. Finally, this chapter suggests areas for further study in the field of construction conflict, dispute avoidance, and alternative resolution methodologies.
INTENDED AUDIENCEThis introductory text is offered to both graduate and upper-level undergraduate students, as well as to practicing professionals such as construction managers, design engineers, and owners. Students should use this book to develop a basis of knowledge in the area of dispute avoidance and resolution in the construction industry. It is hoped that they will use this knowledge when they become practicing professionals or to spark further research in this area if they continue their graduate studies. Current practicing professionals should compare the ideas presented in this text with their current knowledge, keeping an open mind to new techniques and their possible application to their situation. This text is offered to the professional community as the construction industry responds to its global reach, where the conflicts are multinational. This text in no way serves as a substitute for individual legal counsel provided by an attorney. Our competency in addressing these issues stems from an international construction engineering and management background with limited legal training in any specific country. Therefore, take no specific legal advice from us, as none is offered. Your legal counsel, familiar with your individual project situation, should advise you of your options.
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