Contractual disputes Research Papers - Academia.edu (original) (raw)

In traditional claim management system, Extension of Time (EOT) claims often lead to disputes among key construction stakeholders. This necessitates shifting traditional system to a digital environment for efficient processing. This research, therefore, focuses on utilizing Building Information Modeling (BIM) technology for developing a BIM-Based Claims Management System (BIM-CMS) to manage EOT claims. Twenty-nine problematic issues in prevalent EOT claim management process are extracted through an extensive literature review and semi-structured interviews of industry experts. Using Application Programming Interface, a plugin is developed in Autodesk Revit for managing EOT claims. The developed plugin is evaluated by industry's experts, who opined that BIM-CMS can be used to a great extent, as a tool to resolve most of the identified issues. It is also expected to proficiently mitigate potential disputes among contracting parties. The study also highlights barriers to BIM-CMS implementation and proposes corrective measures.

- by Hafiz Zahoor
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- API Design, Contractual disputes, Construction Claims, BIM Framework

The complex nature of construction projects and the involvement of a large number of unpredictable correlated factors make them susceptible to disputes. Although a wide range of dispute resolution mechanisms exists, experts in the construction industry favor arbitration over litigation when legally binding dispute resolution mechanisms are concerned. Because initiating a litigation or arbitration case against a business partner often severs the business relationship between them, predicting the arbitrator’s decision becomes valuable to the arbitrating parties. Because arbitration has been extensively treated as a game, and because the proposed approach relies on the wealth maximization concept, which is in turn dependent on the sum of utility sources of a firm, modeling arbitration is best achieved as a game with disputing parties’ utility profiles that would have an agreement zone. A construction-specific utility framework for the disputing parties arbitrating before a single arbitrator is proposed based on the additive expected utility theory. The proposed additive utility framework preserves the industry practicality and, most importantly, considers direct short-term factors and indirect long-term factors that would address factual disputes related to claim entitlement and quantification. It is expected that such a framework could then be used to identify utility equilibrium points between the disputing parties, which would serve the purpose of predicting the arbitration outcome.

- by Abdulla Galadari
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- Contracts, Game Theory, Decision Making, Contract Law
- by ben beaumont
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- Contractual disputes
- by Michele Angelo Lupoi
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- Law, International Law, Private International Law, Civil Procedure