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Contractual Governance for Dispute Resolution and Construction Sustainability: Case Studies from China. SUSTAINABILITY 2022. [DOI: 10.3390/su14137643] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 01/27/2023]
Abstract
Disputes may disturb construction projects and stakeholders, and they may cause tremendous losses that hinder the sustainable development of construction. Therefore, contractual governance is significant in construction projects as a crucial method of dispute management. However, the interrelation of contract and dispute management has not been studied theoretically and comprehensively. In this regard, this paper aimed to propose a framework for dispute governance, including governance structures (GSs), governance mechanisms (GMs) and an additional conceptual model, by using a literature analysis method. The results suggest that dispute structures based on owner-centered (OC), owner- and supervisor-decentralized (OSD) and additional independent representatives (AIRs) are often used. Each kind of GS can be applied in a specified project. On the other hand, we considered that GSs could be divided into an external GS and an internal GS, which played different roles in motivation mechanisms. In addition, a conceptual model was developed through literature analysis. Case studies were presented to investigate the relationship between the GS and GM. Then, specified GMs were identified from case studies of Chinese construction contracts. Current research can provide valuable information allowing for contract drafters and managers to realize the sustainable development of projects.
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Lee S, Sawang S. Unpacking the impact of attachment to project teams on boundary-spanning behaviors. INTERNATIONAL JOURNAL OF PROJECT MANAGEMENT 2016. [DOI: 10.1016/j.ijproman.2015.12.003] [Citation(s) in RCA: 6] [Impact Index Per Article: 0.8] [Reference Citation Analysis] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 10/22/2022]
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Selection and use of Alternative Dispute Resolution (ADR) in construction projects — Past and future research. INTERNATIONAL JOURNAL OF PROJECT MANAGEMENT 2016. [DOI: 10.1016/j.ijproman.2015.12.008] [Citation(s) in RCA: 45] [Impact Index Per Article: 5.6] [Reference Citation Analysis] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 11/18/2022]
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Qu Y, Cheung SO. Pedagogical Principle-Based Experiential E-Learning Exploration in Construction Mediation Training. JOURNAL OF PROFESSIONAL ISSUES IN ENGINEERING EDUCATION AND PRACTICE 2014. [DOI: 10.1061/(asce)ei.1943-5541.0000183] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.1] [Reference Citation Analysis] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 11/01/2022]
Affiliation(s)
- Yingying Qu
- Ph.D. Candidate, Faculty of Built Environment, Univ. of New South Wales, Sydney, NSW 2052, Australia (corresponding author)
| | - Sai On Cheung
- Professor, Construction Dispute Resolution Research Unit, Dept. of Civil and Architectural Engineering, City Univ. of Hong Kong, Tat Chee Avenue, Kowloon, Hong Kong SAR
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Vetschera R. Negotiation processes: an integrated perspective. EURO JOURNAL ON DECISION PROCESSES 2013. [DOI: 10.1007/s40070-013-0006-5] [Citation(s) in RCA: 28] [Impact Index Per Article: 2.5] [Reference Citation Analysis] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 11/30/2022]
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