TECHNICAL UNIVERSITY OF KENYA

SCHOOL OF CONSTRUCTION AND PROPERTY STUDIES

DEPARTMENT OF CONSTRUCTION ECONOMICS AND MANAGEMENT
BACHELOR OF THE BUILT ENVIRONMENT IN
CONSTRUCTION MANAGEMENT

UNIT
CONSTRUCTION DISPUTES AND RESOLUTIONS

NAME: DUNCAN OTIENO OGENDO

REG NO: EABQ/03458P/2020

TERM PAPER

Discuss Conflict theory and Resolution in relation to construction giving hypothetical examples
in the following scenarios; Approach- Approach Conflict, Approach -Avoidance Conflict,
Avoidance - Avoidance Conflict and Multi Approach - Avoidance Conflict.
In the discussion ensure to capture how these conflicts influence the relationships between;
Clients-Consultants, Clients-Contractors and Consultants-Contractors.

SUPERVISED BY:
QS/CM - CHARLES WAMBUA KIOKO

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LIST OF ABBREVIATIONS AND ACRONYMS USED

ADR Alternative Dispute Resolution

CM Construction Manager

CPM Construction Project Manager

REF Reference

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OPERATIONAL AND DEFINATION TERMS
Adjudication.
It is a process by which an impartial third party, called an adjudicator, makes a binding decision
to resolve a dispute between two or more parties.
Arbitration.
It is a form of alternative dispute resolution in which a neutral third party, called an arbitrator, is
appointed to hear evidence and make a final and binding decision to resolve a dispute between two
or more parties.
Conciliation.
The conciliator acts as a mediator between the parties, facilitating communication and helping to
identify common ground and potential solutions to the dispute.
Conflict.
Conflict is a common issue in the construction industry, and can arise for a variety of reasons.
Some common causes of conflict in construction include: Delays and missed deadlines, Contract
disputes, Quality of work and defects and Cost overruns and budget disputes.
Conflict Resolution.
Refers to the process of resolving disputes and disagreements that arise during the course of a
construction project.
Litigation.
Refers to the process of taking a construction dispute to court for resolution. It is a legal process
where one party sues another for breach of contract or other legal wrongs related to the construction
project.

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ABSTRACT

Construction industry is one of the major contributor to the development of a nation. The recent
development and trends in construction has marked the beginning of a new phase. Traditional
methods are being transformed and developed to make them more efficient and effective. The
growing demands of construction industry have given rise to more dispute, delay and consequently
more claims.

This term paper highlights conflict theory and resolutions in relation to construction with
hypothetical examples in the below scenarios.
• Approach-Approach conflict
• Approach-Avoidance conflict
• Avoidance-Avoidance conflict
• Multi Approach-Avoidance conflict

In this paper I have also highlighted how these conflicts influence the relationships between
• Clients and consultants;
• Clients and contractors; and
• Consultants and contractors

Main objectives of Conflict theory and Resolution in relation to construction: -

• Ensure fair and equitable outcome.

Conflict theory and resolutions aims to find solutions that are fair and equitable to all
parties involved. This includes ensuring that interests and needs of all parties are taken into
account in the resolution process.
• Enhance project performance.
Conflicts theory can sometimes lead to improved project performance and enhanced
collaborations among the parties involved. Conflict theory and resolution can help to foster
positive outcomes from conflicts.
• Improve communication and collaboration.
Effective communication and collaboration are critical to reducing the likelihood and
severity of conflicts in construction, Conflict theory and resolution can help to promote
culture of open and constructive communication and collaboration among the parties
involved.
• Minimize the frequency and severity of disputes.
By understanding the causes and dynamics of conflicts in construction, It is possible to
develop strategies to minimize their occurrence and impact.
• Protect project schedule, budget and quality.
Conflicts can have a significant impact on project schedule, budget and quality. Conflict
theory and resolution aim to minimize this impact by addressing conflicts as soon as they
arise and finding mutually acceptable solutions.

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INTRODUCTION
Conflict theory and resolution are important concepts in the field of construction, as conflicts and
disputes can arise between various stakeholders and have a significant impact on the project
outcomes. The conflict theory suggests that conflicts and disputes are a natural and inevitable part
of human relationships and can arise from competing interests, perceptions, and goals. Conflict
resolution is the process of resolving these conflicts and reaching a mutually acceptable agreement.

ADR METHODS
Means by which disputes in the construction industry can be brought to their resolution include
the following:
• Negotiation.
• Litigation.
• Arbitration.
• Mediation.
• Adjudication.
• Conciliation.
• Dispute review board.

HYPOTHETICAL EXAMPLES ON CONFLICT THEORY AND RESOLUTION IN

RELATION TO CONSTRUCTION.

1) Approach-Approach conflict
Approach-Approach Conflict, also known as “win-win conflict,” is a type of conflict that occurs
in construction when two or more parties have different goals but both want to achieve their goals.
This type of conflict is characterized by cooperation, compromise and mutual gain, rather than
competition and compromise.
Example.
a) Client and Consultants.
Budget vs Design in a construction project
The Client may have limited budget for the construction project, while the Consultants may want
to design a building that is more complex and expensive. The client may have to choose between
a more expensive design and a less expensive design that meet their aesthetic preferences.
Here are some steps to resolve Approach-Approach conflict in construction through Negotiation
as a CPM.

• Clearly define the problem

Identify the specific issues causing the conflict and ensure that both parties understand each
other's positions.

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 • Identify common goals
Look for areas of common interest and find ways to align the interests of both parties.
• Brainstorm solutions
Encourage both parties to generate a range of possible solutions, including compromise
and creative options.
• Evaluate the options
Assess the feasibility and impact of each solution and identify the best course of action.
• Negotiate the terms
Use a win-win approach to negotiate the terms of the agreement and reach a mutually
acceptable solution.
• Implement the agreement
Ensure that both parties fully understand the agreement and take steps to implement it.
• Monitor the agreement
Regularly review the agreement to ensure that it is being followed and to make any
necessary adjustments.

2) Approach-Avoidance conflict
The Approach-Avoidance conflict in construction occurs when a construction project presents both
attractive and unattractive aspects, making it difficult for the parties involved to make a decision.
Example.
b) Client and Contractors.
Schedule vs. Risk in a construction project
The client wants the building completed quickly, but is also concerned about the risks associated
with a tight schedule, such as cost overruns or quality issues. The contractor wants to complete the
project on time, but is also concerned about the risks associated with a tight schedule.
Here are the steps involved in resolving approach-avoidance conflict in construction through
Litigation as a CPM.

• Consider alternative dispute resolution

Before proceeding with litigation, consider alternative forms of dispute resolution, such as
mediation or arbitration, which can be faster, cheaper, and less adversarial.
• Consult an attorney
Seek the advice of a construction attorney who has experience in handling construction
disputes.
• File a complaint
If alternative dispute resolution is not successful or appropriate, file a complaint in the
appropriate court and serve the other party with a copy.

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 • Discovery process
The parties involved will have the opportunity to gather evidence and conduct depositions
to support their case.
• Trial
If the case cannot be settled through negotiations, a trial will be scheduled before a judge
or jury to make a final decision.
• Appeal
If either party is dissatisfied with the decision, they have the right to appeal the case to a
higher court.

3) Avoidance-Avoidance conflict
Avoidance-Avoidance Conflict in construction occurs when a construction project presents two
undesirable options, making it difficult for the parties involved to make a decision. In an
avoidance-avoidance conflict, both parties are motivated to avoid one or both options because they
both see disadvantages.
Example.
c) Consultants and Contractors.
Safety and Quality in a construction project
Consultants may have to choose between making design decisions that prioritize safety but may
result in increased costs, or making design decisions that prioritize cost-effectiveness but may
compromise safety. Contractors may have to choose between taking the necessary time to ensure
a high-quality construction that meets all safety requirements, which could result in delays and
increased costs, or rushing the construction to meet the schedule, which could result in
compromising safety and quality.

Here are the steps involved in resolving Avoidance -Avoidance conflict in construction through
Mediation as a CPM.

• Selection of Mediator
The parties involved in the conflict select a neutral third-party mediator to assist in
resolving the dispute. The mediator should have experience in construction mediation and
a good understanding of the industry.
• Preparation
The mediator prepares for the mediation by gathering information about the conflict and
the parties involved.
• Opening Session
The mediator conducts an opening session with the parties to outline the process and the
role of the mediator. The parties also have an opportunity to state their positions and what
they hope to achieve.

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 • Private Sessions
The mediator meets privately with each party to discuss their concerns, interests, and
goals. The mediator may also ask the parties to provide additional information or
documents to help with the mediation.
• Joint Session
The mediator conducts a joint session with the parties to help them understand each
other's perspectives and find common ground. The mediator may also suggest potential
solutions.
• Negotiations
The mediator facilitates negotiations between the parties to reach a mutually acceptable
resolution.
• Agreement
If the parties reach an agreement, the mediator prepares a written agreement that outlines
the terms and conditions of the resolution.
• Implementation
The parties are required to implement the agreement and carry out the terms of the
resolution.

d) Multi Approach-Avoidance conflict

A Multi Approach-Avoidance conflict in construction refers to a situation in which an individual
or organization faces multiple conflicting demands, where each demand requires taking action in
different directions. This type of conflict arises when an individual or organization is presented
with two or more choices, each of which has both positive and negative consequences.
Example.
e) Client and Consultants.
Costs vs Materials in a construction project
The client may want to use a cheaper, but less durable material for the construction, while the
consultants may argue that using a more expensive, but higher quality material will result in a
better overall outcome for the client in the long-term.
Here are the steps involved in resolving Multi Approach -Avoidance conflict in construction
through Conciliation as a CPM.

• Selection of Conciliator
The parties involved in the conflict select a neutral third-party conciliator to assist in
resolving the dispute. The conciliator should have experience in construction conciliation
and a good understanding of the industry.
• Preparation
The conciliator prepares for the conciliation by gathering information about the conflict
and the parties involved.

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 • Opening Session
The conciliator conducts an opening session with the parties to outline the process and the
role of the conciliator. The parties also have an opportunity to state their positions and what
they hope to achieve.

• Private Sessions
The conciliator meets privately with each party to discuss their concerns, interests, and
goals. The conciliator may also ask the parties to provide additional information or
documents to help with the conciliation.
• Joint Session
The conciliator conducts a joint session with the parties to help them understand each
other's perspectives and find common ground. The conciliator may also suggest potential
solutions.
• Negotiations
The conciliator facilitates negotiations between the parties to reach a mutually acceptable
resolution.
• Agreement
If the parties reach an agreement, the conciliator prepares a written agreement that outlines
the terms and conditions of the resolution.
• Implementation
The parties are required to implement the agreement and carry out the terms of the
resolution.

CONCLUSION
In construction, conflict and disputes can arise between clients and consultants, clients and
contractors, and consultants and contractors, as well as between different departments within a
company or between different stakeholders in the construction process. These conflicts can range
from disagreements over project goals, schedules, budgets, and design issues, to disputes over
contractual obligations, quality and safety concerns, and changes to the scope of work.

Effective conflict resolution in construction requires an understanding of the underlying causes of

the conflict and a willingness to find a mutually acceptable solution. This can involve techniques
such as negotiation, mediation, and arbitration, as well as collaboration and communication to
ensure that all parties have a clear understanding of the issues and a shared commitment to
resolving the conflict.

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REFERENCES

JBC, Kenya. April, 1999 Edition.

McManamy, R. (1994). Industry pounds away at disputes. Engineering news record, 24.

Zikmann R. (1992). Successful Conflict Management. E & FN Spon

Thomas, K.W. (1992). Conflict and conflict management: reflections and update: Journal of
Organizational Behaviour, 13.
Fenn, P. & Gameson R. (2003). Construction conflict management and dispute resolution. E
& FN Spon.
Burton, J. (1993). Contribution to Conflict Resolution Theory and Practice: A Personal View
by Dennis J.D. Sandole.

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