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Abstract
Purpose – This study aims to examine the mutual influence of causes of variation orders (VOs), claims/
disputes (CDs) on project performance (PP) and stakeholder performance (SP).
Design/methodology/approach – Firstly, this study identifies the VOs, the CDs, criteria for measuring the
PP and criteria for measuring the SP. Then, a survey questionnaire is created to collect data from stakeholders
in construction projects. Using the factor analysis method, this study discovers the constructs of the VOs, CDs,
PP and SP. The relationships among the constructs are then uncovered using a structural equation model.
Findings – The research findings confirm that the VOs and CDs have a direct effect on the PP, as well as the
PP’s effect on SP, whereas the VOs and CDs have no effect on the SP. It is strongly recommended that critical
factors such as poor management, construction method change, design/scope problems, uncontrollable
objective problems, impediment problems, lack of commitment among parties and lack of experience and
competence of parties should be given special attention to improve the SP.
Originality/value – The results of the study fill the gap in knowledge by examining the mutual influence of
the VOs, the CDs, the PP and the SP. Discovering the mutual influence will assist managers in improving the PP
and the SP.
Keywords Claims, Disputes, Project performance, Relationships, Stakeholder performance, Variation orders
Paper type Research paper
1. Introduction
The construction industry makes a significant contribution to a country’s economic
development (Do et al., 2022). However, this industry and its stakeholders face a high degree
of risk due to its nature (Mahamid, 2017). Variations are inevitable in the industry because of
its fragmentation (Ssegawa et al., 2002). Moreover, claims/disputes among stakeholders
Engineering, Construction and
Architectural Management
The authors acknowledge the support of time and facilities from Ho Chi Minh City University of © Emerald Publishing Limited
0969-9988
Technology (HCMUT), VNU-HCM for this study. DOI 10.1108/ECAM-01-2022-0066
ECAM arising in the industry are natural from the construction processes (Raji et al., 2015). The
occurrence of variation orders and claims/disputes in construction projects can result in poor
project performance (PP) and poor stakeholder performance (SP).
Construction project variations can affect contract duration, total direct and indirect costs,
or both (Arain and Pheng, 2005; Ibbs et al., 2007). For instance, approximately $60 billion is
spent annually on change orders in the United States (Akhavian and Behzadan, 2012).
Besides, according to Hanna et al. (2002), the more variations in a project, the greater the loss
of labor productivity. Variation orders may result in unsafe working conditions due to
differences in construction methods, materials and equipment (Arain and Pheng, 2005).
Additionally, they can contribute to poor work quality, as contractors often compensate for
losses by cutting corners (CII, 1995). Moreover, according to Anees et al.’s (2013) research,
profits of stakeholders were severely affected due to variation orders. In sum, variation orders
impact both PP and SP criteria (e.g. schedule, quality, cost and safety) (e.g. productivity,
profits of the parties and defects).
In addition, variation orders might lead to claims or even disputes (Acharya et al., 2006;
Mitkus and Mitkus, 2014). Especially in large and complex construction projects, the number
of claims or disputes is increasing due to poor management (Zaneldin, 2020). If claims/
disputes are not resolved properly, they can cause project delays, cost overruns, undermine
teamwork and harm business relationships (Cheung et al., 2002; Chan and Suen, 2005; Love
et al., 2010); as well as loss of profitability and productivity (Mashwama et al., 2016).
Especially, the effect of claims/disputes on cost or cash flow was significant (Ilter, 2012).
Additionally, conflicts and disputes in the construction site have a negative impact on the
activities of all stakeholders (Acharya et al., 2006).
As discussed above, variation orders, claims/disputes have a negative impact on the
criteria of the PP and SP. It is critical for managers to improve this problem. To achieve this, a
model showing relationships between causes of variation orders, claims/disputes and the PP
and SP needs to be explored. Based on the direction and weight of the impact between the
relationships, managers can quickly identify root causes and localize priority areas for
improving the PP and SP. This means that managers will be able to gain a clear picture of
how to enhance the PP and SP in the aspect of variation orders and claims/disputes. For
example, if a project is underperforming, managers can use relationship pathways to trace
direct and indirect causes that have significant impacts on the PP and SP. They will be able to
come up with relevant and timely solutions in this manner.
However, no studies have been conducted to examine such relationships simultaneously.
This study aims to investigate the relationships between the causes of variation orders,
claims/disputes and the PP and SP. Besides, the relationship between causes of variation
orders (VOs) and causes of claims/disputes also needs to be explored. This study only
considers the causes of cost-related claim/disputes (CDs) because disputes significantly affect
the cost (Ilter, 2012). In this study, cost-related claims/disputes are defined as disagreement
between parties over assertions of additional costs and SP is defined as the outcomes
obtained by stakeholders after the completion of a project.
2. Literature review
2.1 Research overview of variation orders, claims/disputes in construction projects
Construction has traditionally been a barometer of national and worldwide economic
progress. Nevertheless, construction projects nowadays are dynamic, risky, complex and
massive, involving many, potentially multicultural parties (Do et al., 2021). Frequently, it is
challenging to execute a project without diverging from the original plan, resulting in
variations and claims. There have been many studies related to variations and claims in
construction projects. The majority of the existing studies focusing on variations have
extended broadly from the identification causes of variations (Wu et al., 2004; Enshassi et al., Variation,
2010; Hanif et al., 2014; Senouci et al., 2017), variations’ effects (Arain and Pheng, 2005; claims, and
Oladapo, 2007; Keane et al., 2010; Lindhard, 2014; Hanif et al., 2016; Mahamid, 2017; Maqbool
et al., 2020), causes and effects of variations (Sun and Meng, 2009; Alnuaimi et al., 2010;
stakeholder
Memon et al., 2014; Oyewobi et al., 2016), strategies for reducing variations (Chan and Yeong, performance
1995; Keane, 2010). The system model for management of variations has been studied (Arain
and Pheng, 2006). More importantly, the impact of variation orders on the criteria of the PP
have also been developed (Ndihokubwayo, 2008; Memon et al., 2014; Maqbool et al., 2020).
Although claims are typically submitted during the construction and post-construction
phases, they can also come from pre-tendering and contract preparation errors and acts
(Sibanyama et al., 2012). The majority of previous research on claims/disputes have gone
much beyond the discovery of claim causes (Kumaraswamy, 1997; Enshassi et al., 2009;
Sibanyama et al., 2012; Stamatiou et al., 2018; Parikh et al., 2019; Jalal et al., 2019; Le-Hoai et al.,
2019; Illankoon et al., 2019; Saseendran et al., 2020; Tanriverdi et al., 2021), outcomes of
construction claims (Chaphalkar et al., 2015), causes and effects of claims/disputes (Aryal and
Dahal, 2018; Zaneldin, 2020). Especially, there are many support models to solve claim and
dispute issues in construction, such as a proposed system for avoiding construction
disputable claims (Mitropoulus and Howell, 2001; Mohamed et al., 2014), the decision-making
governance platforms for the progression of construction claims and disputes (Abdul-Malak
et al., 2020), a causal model of disputes (Kumar Viswanathan et al., 2020) and a hybrid fuzzy
logic-SEM model for dispute probability evaluation (Naji et al., 2020).
To sum up, research on relationship networks among the VOs, the CDs, the PP and SP in
construction projects has gotten scant attention. Several studies have been conducted on the
relationships between the VOs and CDs (Priyantha et al., 2011; Dickson et al., 2015; Zaneldin,
2020); the VOs and the criteria of the PP (Arain and Pheng, 2005; Enshassi et al., 2010); and the
CDs and the criteria of the PP (Ilter, 2012; Cakmak and Cakmak, 2014; Mashwama et al., 2016).
However, there has not been enough evidence for direct relationships, for example, between
the VOs and the PP, the CDs and the PP, the PP and SP in a model. Therefore, this study tries
to fill these gaps in knowledge.
To achieve the study’s objective, the VOs, the CDs and the criteria of the PP and SP, must
first be identified. They are then re-examined by experts in the pilot test stage.
inadequate investigation and owner changes. Modifications to design were also found to be
one of the most significant VOs in construction of hydropower projects of Pakistan by Hanif
et al. (2014). They also included some additional significant causes, such as scope changes,
design errors and omissions and conflicts between contract documents.
This study filters out 19 possible VOs as a result of the literature review (Table 1). The
following criteria are used to select the causes: (1) the causes are mutually exclusive in their
content; (2) causes deemed impractical in light of the current state of construction in Vietnam
are omitted, including “other organizations”, “organizational business strategy” and
“political problems”; and (3) excessively specific causes for particular projects are also
omitted, for example, “special request from the City Council” and “requirement from the
urban planning agency”.
References
ID Criteria 1 2 3 4 5 6 7 Total
Reference
ID Criteria 1 2 3 4 5 6 7 8 9 Total
3. Research methodology
The framework utilized in this study is depicted in Figure 1. Firstly, this study conducts a
literature review to identify the VOs, the CDs, criteria for measuring the PP and criteria for
measuring the SP. The result of the literature is the lists of the causes and criteria, which is
used to design the questionnaire used for data collection in the study. To minimize bias in
data collection, pilot studies are performed to ensure the clarity of the questionnaire.
Moreover, any causes/criteria that are not considered before in the literature or unsuitable can
added or removed from the questionnaire. After correcting the questionnaire, the study
performs a formal survey to collect data. Afterward, the factor analysis technique is applied
to identify constructs of the VOs, CDs, PP and SP. The structural equation modeling (SEM)
technique is then used to discover the relationships among the constructs. Finally, based on
the results of the SEM model, discussion and practical implications are drawn. More details
on pilot studies and data collection are presented in the following paragraphs.
Data collection
Constructs CR 1 2 3 4 5
1. PM 0.831 0.452
2. CMC 0.819 0.173 0.531
3. DSP 0.714 0.350 0.038 0.386
4. UOP 0.773 0.164 0.309 0.165 0.532 Table 6.
Construct reliabilities,
6. IP 0.741 0.300 0.295 0.002 0.303 0.591
construct correlations
1. LCP 0.822 0.536 and average variance
2. LECP 0.809 0.366 0.518 extracted (AVE) of the
Note(s): CR 5 Construct reliability; Entries below the diagonal are correlations among constructs; Diagonal constructs of the VOs
entries are average variance extracted (AVE) and CDs
The SRWs, AVE and CR of the constructs of the PP and SP are also supplied in Table 7.
The results indicate that the constructs of the PP and SP ensure the construct validity.
Variation order
(VOs)
H2
H1
Project Stakeholder
H5 performance
performance
H6 (SP)
(PP)
H3
Figure 2. H4
Hypothesized Claims/Disputes
SEM model (CDs)
Ilter (2012) observed that understanding and preventing disputes in construction can Variation,
improve the PP. Construction disputes had an effect on all stakeholders, including reduced claims, and
profits, increased costs and even reduced quality (Cakmak and Cakmak, 2014). Mashwama
et al. (2016) showed that the effects of construction disputes can be loss of profitability, loss of
stakeholder
productivity, schedule delays and cost overruns, breakdown in relationships among parties, performance
rework and so on. The effect on cost was especially significant (Ilter, 2012). Love et al. (2010)
showed that direct costs related to disputes range from 0.5 to 5 percentage of project’s
contract value, while indirect costs including lost productivity, stress, fatigue, loss of future
work, the cost of strained business relationships among parties and tarnished reputation can
cause even more harm to the project and parties (Ilter, 2012). These above discussions suggest
the corresponding hypotheses of:
H3. The CDs have a direct influence on the PP.
H4. The CDs have a direct influence on the SP.
Sergeant and Wieliczko (2014) showed that the VOs not only led to claims for payments due to
extra work, but also many other construction disputes arising from delays, interruptions,
defects. Priyantha et al. (2011) and Dickson et al. (2015) also found that the main cause of
disputes among the parties was the VOs. On the contrary, the CDs can also lead to the VOs.
Zaneldin (2020) stated that once a claim has been presented, the owner and the contractor can
come to an agreement regarding the claim and thus create VOs or amendments. These
suggest the following hypothesis:
H5. The VOs and CDs have a correlation with each other.
Up to now, there has not been enough evidence for the relationship between the PP and the
SP, however, this hypothesis is also set up to discover whether there is a real relationship
among them or not.
H6. The PP has a direct influence on the SP.
The appropriateness of the SEM model is also assessed by the GOF indexes (Table 4). The
satisfied results of the GOF tests of the SEM model are as follows, which has the ratio of x2/df
(which was 1.595), TLI (0.799), CFI (0.813) and RMSEA (0.066). Among the hypothesized
relationships, four relationships are confirmed, whereas the other two relationships proved
unacceptable (Table 8). The data verifies only the hypotheses that the VOs and CDs are
related to each other, the VOs and CDs directly influence the PP; and PP impacts the SP,
whereas the VOs and CDs do not impact on the SP (Figure 3).
0.46 0.68
0.53
0.20
0.51 0.71
0.56 0.49
0.32 0.57
0.31 0.56
0.47
0.62 0.30
0.50
0.22 0.57
0.79
0.43 0.66
0.55
0.74 0.32
0.72 0.25
0.85
0.46 0.83 0.59
0.70 0.74
0.68
0.68 0.50 0.55 0.34
Figure 3.
Final structural model
showing the significant
paths with standard
regression weights
Note(s): Chi-square = 939.473; df = 583; P = 0.000; Chi-square/df = 1.611; GFI = 0.720;
TLI = 0.794; CFI = 0.809; RMSEA = 0.067
Table 9.
construction projects
Profile of X and Y
ECAM cost and quality of the project, as well as on the performance of the construction stakeholders.
This makes sense in terms of identifying critical root causes that need to be addressed quickly
to minimize the impact on the PP and that of SP following construction completion.
Furthermore, in the actual case of project Y, which started in 2013 and is expected to be
operational in 2020 (details in Table 9). Nevertheless, up to now, the project has faced many
difficulties and obstacles during its implementation (i.e. changes in the project’s scope, total
investment exceeds budget and payment settlement records) and has been forced to extend the
expected construction completion date until the end of 2026. In addition, because the state
capital payment process was quite complicated, leading to the problem of late payment from the
owner. Besides, the consulting consortium (CC) was composed of five foreign consulting firms,
namely, E1, E2, E3, E4 and E5. According to the consortium agreement, E1 owned 80.7% of CC
and served as the CC’s legal representative. The CC contract implementation period ended in
2017, but the contract has yet to be finalized. The two companies, E4 and E5, have completely
withdrawn from the project, so the consortium has only three members left. Payments for
variation work are unable to be made due to the addendum’s inability to be signed. The contract
terms made no provisions for a situation in which the consortium lacked sufficient members.
The CC repeatedly sent explanations and complaints notices to investors. The investor did not
completely resolve the consulting consortium’s complaints because the investor needed to
consult with numerous agencies, including at the central ministerial level. This resulted in
numerous disputes between the parties for an extended period and may lead in litigation if the
issue is not resolved quickly. As a result, the PP suffered significantly. Typically, progress was
delayed by at least six years, quality of work was compromised and costs more than doubled.
Obviously, based on the results of construction project Y, the managers should recognize
that the decrease in the PP is typically due to the VOs and CDs. It is highly recommended that
special attention be paid to identifying critical risk vulnerability factors, such as PM, CMC,
DSP, UOP, IP, LCP and LECP. In addition, because of the interactions among the VOs, CDs,
PP and SP; the parties should make a concerted effort to eliminate or handle the VOs, CDs that
affect both the PP and SP.
7. Conclusions
Twenty VOs, eight CDs, five criteria of the PP and five criteria of the SP are confirmed
specifically for construction projects. The factor analysis method discovers five constructs of
the VOs, namely the PM, the CMC, the DSP, the UOP and the IP. Besides, eight CDs are
classified into two main constructs, namely the LCP and the LECP. The structural model
indicates that the VOs and CDs have a direct effect on the PP. The degree of interrelationship
between the VOs and CDs is quite significant and has a direct effect on the PP. The PP is
found to have a direct effect on the SP, whereas the VOs and CDs have no relationship with
SP. The results of the study provide a rough overview of the impact of the VOs and CDs on the
implementation of the construction projects. Furthermore, the performance of the project
influences the performance of the parties involved after they have completed their portion of
the project’s work. The evaluation of the SP of an existing project can influence future
decisions to participate in tenders and collaborate on new projects.
This study has several implications for research and practice. The study adds to the body
of knowledge by exploring and confirming the relationships between the VOs, CDs, PP and
SP. This can be utilized to develop quantified models to examine the different management
strategies. Further research could benefit from the findings of the study, particularly the
identification and confirmation of the criteria of the SP, namely productivity of work,
relationship between the parties, profits of the parties, rework and defects and payments.
Based on the findings, construction practitioners can apply a variety of strategies to improve
their performance. Contractors, for instance, should realize that the decrease in the PP usually
originates from some of the VOs and CDs vulnerability factors. It is strongly recommended
that special attention be paid to identifying critical risk vulnerability factors, such as Variation,
inadequate project planning factors, change of method statement factors, design/scope claims, and
change factors, force majeure factors and owner impediment factors. Owners/consultants
and contractors, instead of constantly issuing NODs, or EOT notices, need to first jointly
stakeholder
review, evaluate, warn and resolve issues/risks that may arise during the life cycle of performance
construction projects. Management of the VOs and CDs is also interrelated but not
independent, which should be considered in the implementation of PP management.
Moreover, to achieve effective PP and SP, the parties need to have a collaborative relationship
and share risks together, as this can serve as motivation for them to achieve common goals.
This study has some limitations. Most of the survey data collected is mainly from
organizations originating in Vietnam, so the SEM results may not be generalized. The
research outlook can be broadened to focus on units of foreign origin to compare results.
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Corresponding author
Viet Thanh Nguyen can be contacted at: nguyenthanhviet@iuh.edu.vn
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