Development of dispute resolution framework for delay claims in highway projects
By: Patil, Smita K
.
Contributor(s): Sandbhor, Sayali.
Publisher: Pune NICMAR 2023Edition: Vol.38(1), Jan-Mar.Description: 20-31p.Subject(s): Civil EngineeringOnline resources: Click here
In:
NICMAR Journal of construction managementSummary: Purpose: The growing number of conflicts in highway projects and the subsequent delays in their resolution harm the relationship between the contract's parties and also add to time and expense overruns, which eventually hinder the advancement of the nation. This situation necessitates the creation of a scientific approach to assist the judiciary in monitoring the number of conflicts.
Study design/methodology/approach: This study identified a technique to develop a dispute resolution framework through a case study methodology of the arbitration awards related to Indian highway projects. The top claim category was identified and studied in detail to understand the claimant's contentions, respondents' counterarguments, and rationale for the arbitrators' judgment.
Findings: A root cause analysis led to identification of factors influencing the decisions of the claims raised, which were employed to develop a dispute resolution framework for claims arising due to delays in the late handing over of sites.
Research limitations/implications:The research successfully demonstrates the approach to developing a framework for dispute resolution by detailed analysis of arbitration awards and presents a system for a particular claim category.
Practical implications: The future scope lies in developing system into a commercial offering of a dispute resolution framework for all types of claims, thereby fast-tracking dispute resolutions and reducing the burden on the judicial system to an extent.
Originality/value: The paper develops a dispute resolution framework for delay claims in highway projects which will help the parties to the dispute to predict the outcome of the claims and devise strategies to minimize/eliminate the claims.
| Item type | Current location | Call number | Status | Date due | Barcode | Item holds |
|---|---|---|---|---|---|---|
Articles Abstract Database
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School of Engineering & Technology (PG) Archieval Section | Not for loan | 2023-1329 |
Purpose: The growing number of conflicts in highway projects and the subsequent delays in their resolution harm the relationship between the contract's parties and also add to time and expense overruns, which eventually hinder the advancement of the nation. This situation necessitates the creation of a scientific approach to assist the judiciary in monitoring the number of conflicts.
Study design/methodology/approach: This study identified a technique to develop a dispute resolution framework through a case study methodology of the arbitration awards related to Indian highway projects. The top claim category was identified and studied in detail to understand the claimant's contentions, respondents' counterarguments, and rationale for the arbitrators' judgment.
Findings: A root cause analysis led to identification of factors influencing the decisions of the claims raised, which were employed to develop a dispute resolution framework for claims arising due to delays in the late handing over of sites.
Research limitations/implications:The research successfully demonstrates the approach to developing a framework for dispute resolution by detailed analysis of arbitration awards and presents a system for a particular claim category.
Practical implications: The future scope lies in developing system into a commercial offering of a dispute resolution framework for all types of claims, thereby fast-tracking dispute resolutions and reducing the burden on the judicial system to an extent.
Originality/value: The paper develops a dispute resolution framework for delay claims in highway projects which will help the parties to the dispute to predict the outcome of the claims and devise strategies to minimize/eliminate the claims.
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