Decisional uncertainties in construction projects as a causational force for disputes and their formal legal interpretation by UK Legal System | |
| Author | Barman, Ankita |
| Call Number | AIT Thesis no.CM-16-08 |
| Subject(s) | Construction projects--United Kingdom Project management--Decision making |
| Note | A thesis submitted in partial fulfillment of the requirements for the degree of Master of Engineering in Construction Engineering and Infrastructure Management, School of Engineering and Technology |
| Publisher | Asian Institute of Technology |
| Series Statement | Thesis ; no. CM-16-08 |
| Abstract | Disputes in construction projects are an expected, common and well documented part of the co nstruction industry worldwide. This is attributable to the interwoven interactions of disparate parties in construction projects. Disagreement with resolutions provided by existing arbitration and adjudication systems, pushes some disputes to litigation . This study investigates 48 litigious cases filed in the Technology and Construction Court of the United Kingdom to identify core reasons for escalation towards litigation. The six observed natures of disputes were ‘delay’, ‘defect’, ‘payment’, ‘termina tion’, ‘negligence’ and ‘performance’. ‘Defect’ was the most common nature with 17 cases. Decisional uncertainty (substantive, strategic and institutional) in the decision makers of the respective parties is an observably consistent contributor towards d isputes. Parties exhibit opportunistic behavior catering to self - interest whenever contracts were insufficiently provisioned. Deliberate or genuine misinterpretation is observed in conjunction to existing contractual ambiguity. This study identifies cri tical points regarding, how courts perceive contractual provisions, additionally it also identifies the Common Law Acts and Statutes that courts commonly adhere to. Transactional attorneys need to be cautious of these observations while drafting contracts in order to prevent future disputes. |
| Year | 2016 |
| Corresponding Series Added Entry | Asian Institute of Technology. Thesis ; no. CM-16-08 |
| Type | Thesis |
| School | School of Engineering and Technology (SET) |
| Department | Department of Civil and Infrastucture Engineering (DCIE) |
| Academic Program/FoS | Construction Engineering and Infrastructure Management (CM) |
| Chairperson(s) | Chotchai Charoenngam; |
| Examination Committee(s) | Hadikusumo, Bonaventura H.W.;Santoso, Djoen San; |
| Scholarship Donor(s) | Asian Institute of Technology Fellowship; |
| Degree | Thesis (M. Eng.) - Asian Institute of Technology, 2016 |