Profiling of construction disputes in private projects

Construction disputes often break out due to multiple causes and are attested by numerous court cases reported in law journals. While lessons could be learned from previous incidents, recurrence should be avoided. Profiling process comprised of studying patterns of conducts of particular data subjec...

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Main Author:	Yong, Felicia Yan Yan
Format:	Thesis
Language:	English
Published:	2018
Subjects:	QE Geology
Online Access:	http://eprints.utm.my/id/eprint/79113/1/FeliciaYongYanPFAB2018.pdf
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id	my-utm-ep.79113
record_format	uketd_dc
spelling	my-utm-ep.791132018-09-30T08:17:22Z Profiling of construction disputes in private projects 2018 Yong, Felicia Yan Yan QE Geology Construction disputes often break out due to multiple causes and are attested by numerous court cases reported in law journals. While lessons could be learned from previous incidents, recurrence should be avoided. Profiling process comprised of studying patterns of conducts of particular data subjects and categorising such subjects in relation to exhibited conduct is found to be lacking in the subject of construction disputes. Hence, this research aims to develop a construction dispute profile based on legal cases to improve the contract management practice. The objectives of the research are to establish the attributes as well as the causes of disputes involved, to identify the legal issue(s) arising from construction dispute cases and finally to develop a validated dispute profiling framework. Doctrinal legal research and a review of the literature were adopted as the methodology of the research. This qualitative research approach used Issue, Rules, Analysis, Conclusion (IRAC) and content analysis techniques to analyse the data. Fifty four (54) Malaysian reported construction dispute cases related to contractual issues occurring in private construction projects between the years 2000 and 2013 were identified and used as the data. The three main attributes for identification were disputed projects, case and court process characteristics. Results indicated that there are six subgroups of causes of construction dispute emerging from the cases, namely contract law, law in tort, payment, determination, time, and site and execution of work. Under the payment subgroup, non-payment showed the highest frequency among others. Some legal issues pertaining to retention sum and winding up were also identified. The cases, attributes and causes of disputes established were used as a basis to develop a framework of the construction dispute profile. To validate the practicality of the proposed construction dispute profile framework, an online questionnaire survey validation process was carried out. Majority of the respondents concurred with the findings and agreed that the framework could be the basis for the development of construction disputes database system in the future. 2018 Thesis http://eprints.utm.my/id/eprint/79113/ http://eprints.utm.my/id/eprint/79113/1/FeliciaYongYanPFAB2018.pdf application/pdf en public phd doctoral Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	QE Geology
spellingShingle	QE Geology Yong, Felicia Yan Yan Profiling of construction disputes in private projects
description	Construction disputes often break out due to multiple causes and are attested by numerous court cases reported in law journals. While lessons could be learned from previous incidents, recurrence should be avoided. Profiling process comprised of studying patterns of conducts of particular data subjects and categorising such subjects in relation to exhibited conduct is found to be lacking in the subject of construction disputes. Hence, this research aims to develop a construction dispute profile based on legal cases to improve the contract management practice. The objectives of the research are to establish the attributes as well as the causes of disputes involved, to identify the legal issue(s) arising from construction dispute cases and finally to develop a validated dispute profiling framework. Doctrinal legal research and a review of the literature were adopted as the methodology of the research. This qualitative research approach used Issue, Rules, Analysis, Conclusion (IRAC) and content analysis techniques to analyse the data. Fifty four (54) Malaysian reported construction dispute cases related to contractual issues occurring in private construction projects between the years 2000 and 2013 were identified and used as the data. The three main attributes for identification were disputed projects, case and court process characteristics. Results indicated that there are six subgroups of causes of construction dispute emerging from the cases, namely contract law, law in tort, payment, determination, time, and site and execution of work. Under the payment subgroup, non-payment showed the highest frequency among others. Some legal issues pertaining to retention sum and winding up were also identified. The cases, attributes and causes of disputes established were used as a basis to develop a framework of the construction dispute profile. To validate the practicality of the proposed construction dispute profile framework, an online questionnaire survey validation process was carried out. Majority of the respondents concurred with the findings and agreed that the framework could be the basis for the development of construction disputes database system in the future.
format	Thesis
qualification_name	Doctor of Philosophy (PhD.)
qualification_level	Doctorate
author	Yong, Felicia Yan Yan
author_facet	Yong, Felicia Yan Yan
author_sort	Yong, Felicia Yan Yan
title	Profiling of construction disputes in private projects
title_short	Profiling of construction disputes in private projects
title_full	Profiling of construction disputes in private projects
title_fullStr	Profiling of construction disputes in private projects
title_full_unstemmed	Profiling of construction disputes in private projects
title_sort	profiling of construction disputes in private projects
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2018
url	http://eprints.utm.my/id/eprint/79113/1/FeliciaYongYanPFAB2018.pdf
_version_	1747818149747621888

Profiling of construction disputes in private projects

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