AN ASSESSMENT OF CONSTRUCTION CONTRACTING DISPUTES AND USE OF ALTERNATIVE RESOLUTION TECHNIQUES IN NIGERIA

AUTHOR: YOHANNA SAMUEL ADAMU

DEPARTMENT: BUILDING

AFFILIATION: NNAMDI AZIKIWE UNIVERSITY, AWKA

Construction contracting disputes and use of alternative disputes resolution techniques were investigated using Survey research design with a view to ascertaining their causes and consequences on three Key construction Stakeholders in Anambra and Enugu States namely: Clients, consultants and contractors. Construction contracting disputes are inevitable and keep occurring. The management of construction disputes is always an acid test of the emotional and intellectual maturity of clients, consultants and contractors. Construction contracting disputes may be destructive but at times constructive. It is important to understand the nature, causes and consequences of construction disputes among clients, consultants and contractors as it relates to claims for more money, time extension, defective quality work and the inadequacy of client brief. The study specifically adopted two alternative dispute resolution methods; mediation and conciliation techniques. These two techniques were purposely chosen because they are nonlitigation alternatives, fast and cost-effective in construction disputes resolution. The data generated were analyzed using multiple linear regression and the chy-square (x2) inferential statistics. The results revealed that construction contracting disputes are most times money, time, and quality related. The study also revealed that contemporary use of mediation and conciliation techniques of ADR is capable of quick resolution of disputes. Recommendations such as discouraging the frequency of construction disputes that are money time and quality related, encourage the contemporary use of mediation and conciliation as non-litigation alternatives, timely and proper dissemination of technical information, incorporation of mediation and conciliation clause in construction contracts, extensive training through seminar, workshops and conferences on the subject of human relationship be encouraged, effective and thorough supervision on construction work were suggested as panacea to construction contracting disputes.

TO VIEW THE FULL CONTENT OF THIS DOCUMENT, PLEASE VISIT THE UNIZIK LIBRARY WEBSITE USING THIS LINK, http://naulibrary.org/dglibrary/admin/book_directory/Thesis/11656.pdf

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