Selecting the appropriate method for resolving construction disputes in Iran

• Main Authors: Saeb, A., Mohd Danuri, Mohd Suhaimi, Mohamed, Othman
• Format: Article
• Published: Springer International Publishing Ag 2021
• Subjects: NA Architecture; TA Engineering (General). Civil engineering (General)
• Online Access: http://eprints.um.edu.my/27597/
• Institution: Universiti Malaya

One of the most important issues in dispute resolution is deciding which method or methods are most appropriate for a particular dispute. The purpose of this study is to identify appropriate dispute resolution methods based on the source of construction disputes to help contractors and owners to choose the most effective resolution method for the disputes. Previous studies addressing appropriate dispute resolution methods have compared various methods, but this research paid attention that different problems require different solutions and takes its point of departure by introducing appropriate dispute resolution methods based on their sources thus increasing the quality and effectiveness of the dispute resolution process. Qualitative data were collected using semi-structured interviews with 30 experts from five construction groups in Iran by applying a purposive sampling method. Qualitative content analysis and inductive approach were used to analyze the data. Furthermore, Maxqda software was used to manage and organize complete interview transcripts and facilitate the data analysis process. This research has identified four main sources of disputes in the construction industry namely; contractual, owner behavioral, contractor behavioral, and uncertainty sources. The research finding suggests that the selection of appropriate dispute resolution based on the type of disputes could enhance success in resolving disputes, perhaps without having to resort to Arbitration.