Conceptualizing Building Information Modeling In ...

Innovation and Sustainable Economic Competitive Advantage: From Regional Development to Global Growth

Conceptualizing Building Information Modeling In Construction Conflict Management Aref Charehzehi, Department of Structure and Materials, Faculty of Civil Engineering, Universiti Teknologi Malaysia, Johor, Malaysia, [email protected] Aminah Md Yusof, School of Graduate Studies, Universiti Teknologi Malaysia, Johor, Malaysia, [email protected] * ChangSaar Chai, Department of Structure and Materials, Faculty of Civil Engineering, Universiti Teknologi Malaysia, Johor, Malaysia, [email protected] Heap-Yih Chong, School of Built Environment, Curtin University, Australia, [email protected] * Corresponding author

Abstract Conflicts and claims are prevalent features in construction projects and are getting more serious due to the increased size and complexity of the projects nowadays. Innovative, effective and strategic dispute resolution methods should be taken to overcome these issues. The existing practice and agenda of dispute resolution concentrates on cure rather than prevention. Thus, providing new strategies and technologies as management tools is critical to minimize the dispute occurrence. Building information modeling (BIM) is one of the effective techniques that help building in a virtual and collaborative working environment prior to physical construction. This paper aims to initiative a review on the feasible use of BIM for construction conflict management. A conceptual model is developed to analyze and incorporate the philosophy of conflict management into relation to BIM. The model serves as a preliminary reference for resolving the differences or disagreements. It requires further development and incorporates with a proper contract administration for actual implementation in the future.

Keywords: Construction Conflict Management, Building Information Modelling, Conceptual Model

1. Introduction Conflict is a common problem in any construction projects. Forasmuch as construction projects are becoming larger and more complex, the rate of conflicts will be increased accordingly (Cheung et al., 2006). The involved companies require spending millions of dollars annually to resolve the subsequent disputes and associated problems, including working relationships, communications, and other related contractual problems. Negotiation is common practice of different participants in construction projects to manage small and uncomplicated disputes, but most of the time complex dispute situation cause to hinder the project through involvement with litigation and long legal issues (Chong et al., 2009). When parties are not able to provide appropriate strategies to minimize and prevent dispute, it will incurs additional cost and time for the project. Several authors such as Langford (1992), Walker (1996), Fenn et al (1997), Mose, and Kleiner (1999), Kumaraswamy and Yogeswaran (1998), Harmon (2003), contend that in a

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project environment conflict is an inevitable result of the organizational activities. Hence, it is not surprising for having problems such as time/cost overruns, poor workmanship, delayed payment, etc. For these reasons conflicts need to be managed and without proper management attitudes most of the issues can be extended and become disputes which lead to catastrophic consequences for project participants. Dispute resolution methods start with a negotiation to binding arbitration and litigation. The first stage is negotiation that is considered as most common and informal dispute resolution. This can be categorized as conflict management in a place that disagreements or differences have not escalated to a very serious manner and still can be resolved by direct discussion.

Negotiation is process of

communication between disputant and discuss to settle the problem and this method is a preferable option for disputants that most of the conflicts or disputes have been resolved by this technique (Cheung et al., 2000). Cooperation of the disputants is really important to achieve a successful negotiation (Cheung, 1999; Edwin and Henry, 2005). If negotiation process is not effective, mediation and conciliation must be applied and mediators have main role to settle dispute but they don’t have power to impose the solution and they just can guide and assist disputants to be directed to the right way (Essex, 1996; Harmon, 2006). The next stage is selection of the legal binding decision such as adjudication, arbitration and litigation. Adjudication can be used as alternative of arbitration (Owens, 2008; Dancaster, 2008; Hill and Wall, 2008). Payment problems between the parties in construction are referred to adjudication under a contractual provision in the contract (Noushad Ali and Lim, 2008; Teo, 2008; Thomas, 2001). Subsequently, utilizing arbitration is the next stage and the need of independent expert as arbitrator is clear to make decision about problem. The arbitrators’ decision is binding and disputants must agree with that and the process of arbitration can be confidential (Teo and Aibinu, 2007). Litigation is the following and last stage of dispute resolution. High cost and time consuming are well-known features of litigation procedure (Steen, 1994; Gebken and Gibson, 2006). Different variables are considered in the process of litigation and litigants’ dissatisfaction is the end result (Harmon, 2004). Therefore, dispute must be settled as soon as possible in the early stages of dispute resolution and parties must be aware that the adversarial behavior will be increased when cost and time of dispute settlement are higher. Within the past decade construction industry is going to prevent litigation and manage disputes by establishing new techniques and concept that can be accomplished during several stages of a construction project (Robert and John, 1978). It is clear that the construction industry requires new and effective approaches to prevent and minimize dispute and conflict proactively and also increase the rate of information about problems that cause dispute to be helpful to settle dispute with minimum time and budget by alternative dispute

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resolutions. As a result, this paper focuses on the early stage of dispute resolution, which is conflict management. One of new concept in construction is Building Information Modeling (BIM) that adds many advantages and creates a database for participants that can be useful when they encounter with different problems. According National Institute of Building Sciences (2007) many countries such as the United Kingdom (UK), Australia, Hong Kong, Denmark, Norway, Finland and Singapore are utilizing BIM concept in their projects. Moreover, BIM also has been seen as a concerted action to ensure collaboration between construction players such as architects, engineers, project managers and contractors (Furneaux, 2008). This paper takes initiative to review the feasible uses of BIM in construction concerted on conflict management. A conceptual model is developed to analyze and incorporate the philosophy of conflict management into relation to BIM. The literature related to conflict management and dispute resolution in construction were examined comprehensively using academic database such as ASCE, Elsevier, Springer, Emerald, Taylor and Francis to identify the techniques that are used to settle problem of dispute in construction industry.

2. Dispute management in construction industry Consuming huge amount of money and time to cope with dispute problems and risk of litigation lead to motivate the experts in the construction industry to do several research studies for new and more efficient ways to prevent and minimize disputes and solve them outside of the court. This paper has reviewed previous studies and highlights the main parts that are examined by different authors. The critical review on previous studies shows the trend of the researches that are done in different area of dispute management in construction industry and assist to identify the gap for new and future research works. Twenty two of online web of science journals from 2004 to 2015 have been examined that are as follow. 1.

Journal of construction engineering and management (ASCE)

2.

Journal of legal affairs and dispute resolution in engineering and construction (ASCE)

3.

Journal of professional issues in engineering education and practice (ASCE)

4.

Journal of management in engineering (ASCE)

5.

Construction research congress (ASCE)

6.

Journal of social and behavioral Sciences (Elsevier)

7.

Journal of ain shams engineering (Elsevier)

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8.

Journal of Automation in construction (Elsevier)

9.

Journal Applied soft computing (Elsevier)

10. International journal of project management (Elsevier) 11. Journal of energy procedia (Elsevier) 12. Journal of expert systems with applications (Elsevier) 13. Journal of King Saud University – engineering sciences (Elsevier) 14. Journal of structural survey (Emerald) 15. 13th pacific association of quantity surveyors congress (Emerald) 16. Engineering, construction and architectural management (Emerald) 17. International journal of managing projects in business (Emerald) 18. International journal of law in the built environment (Emerald) 19. Structure and infrastructure engineering (Taylor & Francis) 20. Journal of civil engineering and management (Taylor & Francis) 21. Journal of construction management and economics (Taylor & Francis) 22. KSCE journal of civil engineering (Springer) Over the years, numerous studies have been carried out in the area of construction conflict management with different perspectives that can be divided to conflict management/dispute resolution, IT Related, contract management related and effects of conflicts/disputes. After review the above-mentioned journals, 48 articles were extracted from 2004 to 2015 that related to the dispute and dispute management in construction and summarized in Table 1. The papers encompass different issues in construction dispute such as, causes of dispute, contract and dispute, dispute resolution methods, selection of dispute resolution methods, and management dispute that are examined to identify their problems and highlight of the study.

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Table1. Summarize of 48 articles

No.

Title.

Authors.

Year

Problem.

Area of study

Highlight

1

Applications of electronically facilitated bidding model to preventing construction disputes Analytical model for analyzing construction claims and opportunistic bidding Construction Negotiation Online

Wei-Chih Wanga,T, JyhBin Yang

2004

Dispute arises with lump-sum construction contract

Contract claims

Evaluate bidder’s quantities electronically

S. Ping Ho, and Liang Y. Liu, M.

2004

Construction claims problems and opportunistic bidding in projects.

Contract and claim

Claims Decision Model based on game theory used to study opportunistic bidding and construction claims.

Sai On Cheung; Kenneth T. W. Yiu; and Henry Suen Richard J. Gebken II, G. Edward Gibson, P.E., and James P. Groton

2004

Disputes are common in construction projects and negotiating disputes are part of the daily routine of project managers and contract administrators. No empirical data exists on the transactional costs for resolving disputes throughout the full spectrum of dispute resolution techniques.

Negation

Application of IT in construction dispute negotiation.

Cost of resolving dispute

Pilot study on transactional cost of ADR tools

2

3

4

5

6

7

8

9

10

11

12

Dispute resolution transactional cost quantification: what does resolving a construction dispute really cost? Avoiding and minimizing construction delay claim disputes in relational contracting Conflict resolution in construction disputes using the Graph Model A study of styles and outcomes in construction dispute negotiation Hybrid ANN-CBR model for disputed change orders in construction projects An investigation of evaluative and facilitative approaches to construction mediation The relationship between distribution of control, fairness and potential for dispute in the claims handling process KNN based knowledge-sharing model for severe change order disputes in construction Understanding time delay disputes in construction contracts

2005

J. K. Yates, and Alan Epstein

2006

Claims which emanate from such delays are an integral part of the modern construction process.

Delay claim in construction project

How claims are generated, various types of delay, contract provisions, formal and informal methods to resolve claims

Moustafa Kassab; Keith Hipel; and Tarek Hegazy,

2006

conflicts due to delays, cost overruns, and decreasing productivity,

Conflict management

Using an actual case study, a decision support system based on the graph model for conflict resolution

Sai On Cheung; Tak Wing Yiu Yiu; and Sau Fung Yeung Jieh-Haur Chen, S.C. Hsu

2006

During negotiation, personality characteristics of the disputants affect their behavior and thus the outcomes Change orders comprise one of the major causes of litigation

ADR. negotiation

Review actual cases to measure the negotiating styles of construction professionals

Penny Brooker

2007

Contract management (change order) Mediation

A hybrid Artificial Intelligence model, the Hybrid ANN-CBR Model (HACM), AI branches of Artificial Neural Networks and Case Based Reasoning. Thirty qualitative interviews were conducted with experienced users of mediation.

Ajibade Ayodeji Aibinu

2007

Claim and dispute

By examining two litigated cases, the study illustrates the relationship between distribution of control, perceived lack of fairness and dispute potential.

Jieh-Haur Chen

2008

K.C. Iyer , N.B. Chaphalkar, G.A. Joshi

2008

Contract management (change order) Time delay dispute

Develop a knowledge sharing model developed by first establishing a comprehensive database, followed by K Nearest Neighbor (KNN) pattern classification Devise a rule-based expert system to achieve objective with a limited scope of disputes arising out of Time Delay and Extension

2007

The activities some mediators employ to help the parties reach agreement have given rise to an intense debate on mediator style. The process for handling claims may be inefficient in that it may escalate into protracted disputes

Changes during a construction project are inevitable but many projects are also plagued by severe construction disputes triggered by such changes. There has been increase in size and complexities in the nature of projects and causing adversarial impacts such as increase in number and frequency

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13

Contingent use of negotiators’ tactics in construction dispute Negotiation

Sai On Cheung; Pui Ting Chow; and Tak Wing Yiu

2009

14

Fuzzy case-based reasoning for coping with construction disputes

Min-Yuan Cheng , Hsing-Chih Tsai , YiHsiang Chiu

2009

15

Analyzing dispute mediation cases of infrastructure projects through project life cycle A systemic view of dispute causation

H. Ping Tsernga and Wen-Kuang Teng

2009

Peter E.D. Love, Peter R. Davis and Joanne M. Ellis S.O. Cheung J. K. Yates

2009

16

17

18

Art of mediation in the engineering and construction industry Application of metadata modeling to dispute review report management

2010

Yimin Zhu, Mehmet Emre Bayraktar, ShuChing Chen

2010

19

Dispute resolution aided tool for construction projects in Egypt

Mohamed Marzouk, Lobna El-Mesteckawi, Moheeb El-Said

2010

20

Analysis of dispute review boards application in U.S. construction projects from 1975 to 2007 Multiagent system for construction dispute resolution „

Carol C. Menassa, and Feniosky Peña Mora

2010

MAS-COR… Islam H. El-adaway and Amr A. Kandil

2010

Dispute causation: identification of pathogenic influences in construction Behavioral studies of project dispute negotiation in

Peter Love, Peter Davis and Joanne Ellis Sai On Cheung

2010

Tak Wing Yiu Sai On Cheung

2011

21

22

23

of claims and disputes besides time and cost overruns. Negotiation is a common way to resolve interorganizational disputes and claims. However, not all negotiations can reach a settlement despite their apparent efficiency in time and cost. The construction industry continues to struggle to identify ways to resolve disputes however, lawyers competent in engineering issues or engineers with legal backgrounds are difficult to find. Regardless of their pattern, construction disputes create additional costs in terms of money and time for both owner and contractor If a dispute is not resolved promptly, then it may escalate, and ultimately require litigation proceedings, which can be extremely costly for the parties concerned (Cheung et al., 2004). This essay includes a presentation on the art of mediation in the engineering and construction industry. Disagreements in projects often result in litigation that is both time-consuming and expensive. A dispute review board (DRB) provides a valuable and proven alternative method of dispute resolution. Hence, adversarial approaches to public and private sectors of the construction industry in Egypt generate a substantial increase in the use of binding arbitration and the judicial system for the settlement of contractual disagreements. Dispute review boards have been extensively used in construction projects across the United States since 1975 as an alternative dispute resolution technique. As a result of the risks and complexities that are naturally inherent with construction projects as well as the diverging interests of the parties involved, claims could be considered an unavoidable consequence of the construction processes (Levin 1998). While a considerable amount of knowledge has been accumulated about dispute causation, disputes continue to prevail and disharmonise the process of construction with considerable cost. Because of the increasing complexity of engineering or construction projects, having successful project

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Negotiation

Resolve dispute

ADR Mediation

Cause of dispute

Develops taxonomies of the three construction dispute negotiation dimensions by exploratory factor analysis and examines the contingent use of negotiators’ tactics by using moderated multiple regression (MMR). In order to measure the degree of case similarity, two methods, Euclidean distance (EUD) and cosine angle distance (CAD), are often used. The CBR was combined with fuzzy-set theory to establish (FCBR) Study not only introduces DMS, but also analyses previous dispute mediation cases involving Taiwanese infrastructure projects. Using the concept of system dynamics a series of causal models are developed from the literature to demonstrate the complexity associated with dispute causation

Mediation

This essay includes a review of the effectiveness of different types of mediation proceedings.

DRB

Presents a web-based data management framework to improve information management processes of the FDOT DRB system

Selection of dispute resolution strategies

Questionnaire is used to obtain the weights of the factors that influence the Dispute Resolution Strategy Decision. Results were utilized in the development of the computer model.

DRB

In this context, the effectiveness of DRB as a preventive measure against the escalation of conflicts to disputes is first studied.

Dispute resolution

Simulation the process of legal discourse in construction disputes using a formal logic algorithm. Second, created a multi agent system for construction dispute resolution (MAS-COR) that automates the developed algorithm

Cause of dispute

Case law and focus groups with a client and contracting organization from Western Australia are used to determine the pathogens of disputes.

Behavior study in dispute

Behavioral studies of dispute negotiation and self-efficacy theory is a social-cognitive approach to describe task-specific


engineering and construction: visit to Bandura’s Self-Efficacy Theory 24

dispute negotiation is critical to project delivery. Hence, it has long been of interest to gain the understanding of how to make negotiation more effective Negotiation is a basic business survival skill. This skill, however, is seldom learned by practitioners in the construction industry.

negotiation

self-confidence and how the level of an individuals’ confidence influences their actions (Bandura 1977, 1986).

Negotiation

Equity sensitivity theory used to evaluate the relationship with others.

Application of equity sensitivity theory to problemsolving approaches in construction dispute Negotiation Analytical framework for the choice of dispute resolution methods in international construction Projects based on risk factors Dispute resolution in international electricity trade

Tak Wing Yiu; Chung Wai Keung; and Kit Ling Wong

2011

Ghada M. Gad; Satyanarayana N. Kalidindi,; Jennifer Shane, and Kelly Strong Baoqing Han

2011

Many risks are associated with international construction, whether external or project-specific risks. Those risks affect how contract clauses are written, including the dispute resolution clause.

Selection of dispute resolution analytically

Develops an analytical framework (DRM-Risk matrix) suggesting the use of specific dispute resolution methods depending on the risks expected in the international project

2011

Accordingly, the international electricity trade dispute resolution has its particularity. A key concern of participants is the extent to which disputes are likely to be efficiently resolved.

Dispute resolution

Disputes, the options for resolving these disputes and dispute resolution risk mitigation are discussed.

27

Effective management of construction dispute resolution

Gregory S. Martin, Esq. and Allen J. Thompson, P.E.

2011

A Delphi study on the Effects of Culture on the Choice of Dispute Resolution Methods in International Construction Contracts Logrolling “win–win” settlement in construction dispute mediation

Ghada M. GAD and Jennifer S. SHANE

2012

Yingying Qu , Sai On Cheung

2012

Parties negotiating face to face often have difficulty in identifying and realizing “win– win” settlement

Behavior of different dispute resolution Effect of culture on selection of dispute resolution Mediation

This article reviews the various methods of dispute resolution and provides tools

28

the parties to not only understand the various methods of dispute resolution, but they must also be prepared to manage the selected process to conclusion The objectives of this paper are to use the Delphi method to identify factors that have an effect on the choice of dispute resolution methods (DRM) in international construction contracts

30

Selection of dispute resolution methods: factor analysis approach

Heap-Yih Chong Rosli Mohamad Zin

2012

31

Comparison of multilabel classification models to forecast project dispute resolutions

Jui-Sheng Chou

2012

32

Project dispute prediction by hybrid machine learning techniques

Jui-Sheng CHOU, ChihFong TSAI, Yu-Hsin LU

2012

However, there are pros and cons to every dispute resolution method. Selection of an appropriate dispute resolution method is vital as every project is likely to have disagreements To achieve effective control of diverse projects under current workloads and to design proactive dispute management strategies, knowledge of possible PPP project dispute resolutions before disputes occur is essential During the last decade, many PPP projects were not as successful as expected due to project disputes

25

26

29

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Use the Delphi method

Web-based logrolling system is developed to assist parties to achieve “win–win” settlement in a user-friendly environment.

Selection of dispute resolution method Classification of dispute resolution

Discover the behavior of dispute resolution in the Malaysian construction industry by analyzing factors that affect the selection of dispute resolution methods using factor analysis approach Analytical results exhibit that the combined technique of QUEST + CHAID + C5.0 has the best classification accuracy

Proactive dispute management

Particularly, this study uses single and hybrid machine learning techniques. The single machine learning models are based on neural networks, decision trees


33

Mediating and moderating effect of tension on withdrawal-commitment relationship in construction dispute negotiation Identification of the relations between dispute factors and dispute categories in construction projects

Pui Ting Chow; Fung Kong; and Sai On Cheung

2012

Deniz Ilter

2012

35

Decision support system for dispute resolution in construction contracts

N. B. Chaphalkar and Smita K. Patil

2012

36

Analysis of construction dispute review boards

Duzgun Agdas and Ralph D. Ellis

2013

37

Improving classification accuracy of project dispute resolution using hybrid artificial intelligence and support vector machine models Experimental evaluation of logrolling as an effective mediating tactic in construction project management

Jui-Sheng Chou, MinYuan Cheng, Yu-Wei Wu

2013

Yingying Qu, Sai On Cheung

2013

Research into the moderating effects of progress and quality performance in project dispute negotiation

Wenxue Lu, Jian Liu

2013

34

38

39

occurring during the build, operate, and transfer (BOT) phase. Most research has focused on predicting litigation outcomes rather than providing a proactive dispute warning. The success or failure of a negotiation depends on the commitment of the negotiators for a settlement. Withdrawal refers to a situation in which a construction negotiator loses the interest to continue with a negotiation. distinguish dispute factors from dispute categories, terms generally used interchangeably in the literature so identification the impacts of various dispute factors through empirical analysis of the associations between dispute factors and categories is important The construction industry has been characterized by an adversarial operating environment that generates disputes and claims due to the infinite complexities of delivering a building or infrastructure project, the multiplicity of organizations and individuals involved, and the magnitude of the funds at risk. Although DRBs have found support in some quarters of the construction industry, the quantitative assessment of the impact of DRBs has not been adequately addressed. Construction projects, by their nature, are highly uncertain and intrinsically experience-oriented. Experience as tacit knowledge should be preserved and managed properly. Problems in more complex projects are multi-issue and sophisticated, in particular when legal issues are involved. In such circumstances, unresolved problems may end as disputes that have to be decided through expensive and time-consuming legal procedures Project disputes are inevitable. However, for disputes to be settled, a contractor is faced with the dilemma of choosing between an extension of the time for completion under its entitled rights, and expediting to avoid delay.

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(DTs), support vector machines (SVMs), the naı¨ve Bayes classifier, and k-nearest neighbor (k-NN). Two hybrid learning models are developed Effect of tension on negotiators

The roles and impact of tension on the withdrawal-commitment relationship are investigated. Hypothesis is tension mediates and moderates the withdrawal-commitment relationship.

Dispute factors and categories

In total, 50 construction projects in Turkey were investigated and analyzed employing a specially developed dispute research survey form and through interviews with the project managers.

Conflict management by contract

Decision Support System is one such tool. An attempt has been made to develop one such system for disputes arising out of variation and deviations clause in Indian construction contracts.

Effect of DRB on construction project

Assess the impact of DRBs on the construction 1) influence on project cost and schedule performance 2) effectiveness in preventing and resolving disputes 3) costs of DRB implementation. Support vector machines (SVMs) have been applied successfully by integrating hybrid artificial intelligence system. [ intelligence support vector machines Fuzzy logic Genetic algorithm]

Dispute resolution

Mediation

Web-based mock mediation experiment that incorporates a logrolling system had been developed.

Project dispute negotiation

First, through a study of the literature and expert interviews, identified of bargaining power using a principal component analysis to calculate the factors' influence weight on bargaining power. Second, adopted moderated multiple regression (MMR) analysis to examine how progress and quality performance affect the relationships between these critical factors and bargaining power


40

Arbitration still best road to binding dispute resolution

Adam Tanielian

2013

41

Risk allocation and dispute resolution mechanism in Chinese public projects: an empirical study

Wei ZHANG and Yong BAI

2013

42

An analysis of causes of disputes in the construction industry using analytical network process

Emre Cakmak, Pinar Irlayici Cakmak

2014

43

Micro and macro level of dispute causes in residential building projects: Studies of Saudi Arabia Developments in the United Kingdom Dispute Resolution Process

Ibrahim Mahamid

2014

Akintola Akintoye, Suresh Renukappa, and Hamish Lal

2014

Late Deliverables to Construction: How Understanding the Impacts Can Benefit Dispute Prevention and Resolution

William Barry, and Fernanda Leite

2014

44

45

The technological aspects of construction have become more complex. The business of construction has similarly become more complicated, and involves more parties, foreign participants, cultures, languages, and applicable laws, which increase the likelihood of disputes. Not surprisingly, the number of construction claims has increased in recent years Chinese government has spent large amount of money to meet the huge demand for houses and infrastructures in the rapid urbanization process. These Public-funded projects face more challenges due to lacking of sophistication in the project management process. Thus Chinese State Council issued a regulation in 2004 requiring public projects using the Agent Construction Method (ACM). In this method, the public sector should employ a specialized management firm to help managing the project and securing time, quality, and cost it is important to be aware of the causes of disputes in order to complete the construction project in the desired time, budget and quality.

In the construction industry, disputes can be damaging and expensive, but can also seem inevitable It is generally recognized that the U.K. construction industry is associated with low profit, delay in payments, cash flow concerns, short-term relationships compared with other industries, and high levels of business failure. In particular, claims and disputes have proliferated in the industry largely due to unfair payment practices Given that a construction site is both temporary and unique, the outcome of every construction project is dependent upon having all of the proper resources delivered to the site at the appropriate time. However, the construction industry often considers late deliverables and the disputes and claims arising thereafter all but inevitable.

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Arbitration

The study takes an interdisciplinary approach with the aim of assisting professionals to develop new construction business strategies to react to recent and ongoing financial difficulties, which increase the importance of reducing legal costs and time spent in dispute resolution procedures.

Manage dispute

To determine the risk factors of public projects, a questionnaire was designed and conducted among management staff in different types of organizations

Analyze cause of dispute

The disputes derived from the literature were classified into main categories and their sub categories. Finally, an analysis was carried out using the analytical network process (ANP) approach to determine their relative importance.

Cause of dispute

To identify the common direct and indirect (micro and macro level) dispute causes in residential building projects in Saudi Arabia. The questionnaire method was used

Dispute resolution

The study additionally presents awareness of the new Act, key reasons for amending the HGCRA 1996 Act, and the impact of key changes in the Act on the dispute resolution process

Late delivery (delay) and dispute

Specifically how understanding late deliverables and their impacts can benefit the industry through improved dispute prevention, and provides recommendations for expanding this research to aid in dispute resolution


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An expert system to manage dispute resolutions in construction projects in Egypt

A.A. Elziny, M.A. Mohamadien , H.M. Ibrahim, M.K. Abdel Fattah

2015

Construction industry in Egypt suffers from the misunderstanding of dispute resolution management; many factors affect the development of dispute resolution.

Manage dispute resolution by expert system

Provide an expert system can evaluate the overall dispute settlement procedures at company’s projects

47

Identification and analyses of hidden transaction costs in project dispute resolutions

Wenxue Lu, Lihan Zhang , Jing Pan

2015

The hidden transaction costs in project dispute resolutions exert an important influence on the decisions about dispute settlement.

Cost of dispute

48

Constructing Dispute Scenarios in Building Information Modeling

Oluwole Alfred Olatunji

2015

Somehow, disputes are inevitable in the construction industry. Rather than being carried away by the psychological nuances that are associated with relational strains in disputes, construction literature contains a wealth of knowledge on how to make the best of adversarial relationships.

Dispute in applying BIM (cause of dispute)

The first step was to obtain preliminary variables of the hidden transaction costs in project dispute resolutions through an extensive literature review. Then performed qualitative research, specifically semi-structured interviews, to improve the framework proposed in step one. followed a quantitative method, namely a questionnaire survey, to determine the level of importance of the final variables Aim of this study is to use chaos theory to explain the nature of interdependencies in building information modeling (BIM).

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Different aspect of conflict management and dispute resolution methods are examined by different authors from 2004 to 2015. All these aspects are categorized in Table 2. The main focus of these studies are in alternative dispute resolution methods and cause and effect of conflict and dispute in construction and lack of study in the area of dispute management and prevention proactively is significantly impressive. Table 2: The area of dispute that are studied from 2004 to 2015 Conflicts

Contract

Effects

Management/Dispute

Management

conflicts/disputes

Resolution

Related

IT Related

Negotiation (5)

Negotiation (1)

Contract claim (4)

Mediation (5)

Dispute

Delay claim and

management (5)

dispute (3)

Cause of dispute (7)

of

Cost of dispute (2)

Change order and dispute (2)

Selection of dispute

Conflict management

resolution (5)

(1)

Dispute resolution (7) Arbitration (1)

Total: 30

Total: 6

Total: 10

Total: 2

3. Result of the summary The previous studies had developed related concepts to use different attitudes of disputants to reach consensus agreement, to examine the ability of project organization to settle dispute, to collect different attributes of construction disputes and create a database, and to predict the risk of dispute in construction industry to prevalent before occurrence. Nevertheless, limited studies focused on the conflict management at the early stage. Moreover, none of the researchers have attempted to apply BIM for conflict management or dispute resolution. The BIM’s concepts/features such as improvement and enhancement the rate of group work and partnering, and increasing accuracy of planning and estimating of time, cost and workmanships could be considered. Therefore, to fill these shortcomings and gap the strategy of applying BIM in construction industry should be explored further.

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4. Building Information Modeling (BIM) BIM is a new and creative way to manage construction projects. Associated General Contractors of America (2006) explains that this model is object oriented, full of data and intelligent that can provide the needs of different of users and enhance the process of project delivery. BIM is able to create a reasonable design and construct and deliver the project desired quality within anticipated time and budget. It can lead to progress collaboration between project team members and consequently increase profit, decline cost, improve client and contractor relationship and Improve schedule accuracy (National Institute of Building Sciences, 2011). Moreover, clash detection ability in BIM leads to eliminate potential causes of conflicts by early identification of errors and omissions. Risk assessment and schedule collocation and arrangement can decline potential conflicts. There are several levels of development in BIM that refer to their functions. The first three levels of BIM need a number of requirements with combination in the following areas, among others: three-dimensional (3D) visualization, systems integration, spatial coordination, clash detection, and collision detection. Detail information regarding building, components and equipment structure are also encompassed in the model. The terms 4D (job scheduling), 5D (cost estimating), and 6D BIM (facility management) are associated by development levels of BIM model (Chong et al., 2014, Shou et al., 2015). Risk assessment is another feature that assists to simulate different potential risks and evaluate their affection and costs. Simulation of the whole construction process virtually is the main utility of BIM model as the term virtual design and construction describe the use of BIM. BIM models have different applications that can help architectures, engineers and project managers to conduct the process of construction in right, convenient, safe and secure way. According (Furneaux and Kivit, 2008; Construction Research Institute of Malaysia, 2012; Jabatan Kerja Raya, 2011) the application of BIM in different phases of construction is summarized in Table 3. Table 3: Application of BIM in different phases of construction (Furneaux and Kivit, 2008; Construction Research Institute of Malaysia, 2012; Jabatan Kerja Raya, 2011)

Pre-construction

Phase

stage

BIM application

Existing conditions modeling Planning Design

Improve accuracy of existing conditions documentation.

Scheduling

Estimate Site analysis

Identifies schedule sequencing or phasing issues Facilitates better communication and faster design decision. Perform clash detection and clash analysis. Increases design effectiveness. Enables project manager and contractor to see construction work sequence, equipment, materials and track progress against logistics and timelines established. Enables generation of takeoffs, counts and measurements directly from a 3-Dimensional (3D) project model. Decreases costs of utility demand and demolition

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Post construction

Construction


Construction

Enables demonstration of construction process, including access and exit roads, traffic flows, site materials and machineries. Provides better tracking of cost control and cash flow. Enables tracking of work in real time, faster flow of resources and better site management.

Operation / Facilities management

Keeps track of built asset. Manages facilities proactively. Enables scheduled maintenance and provides review of maintenance history.

a. Advantages of BIM The key benefit of BIM is its accurate geometrical representation of the parts of a building in an integrated data environment (CRC Construction Innovation, 2007). Subsequently, this also generate a number of benefits, such as: •

Fast and efficient process: sharing, editing and adding information easily

•

Create proper design: building proposals can be rigorously analyzing and simulating proposed design quickly and able the parties to improve and change

•

Monitor cost life cycle: understanding cost life cycle of the project.

•

Automated assembly: Creating digital product data to be used for manufacturing/assembling of structural systems.

•

Better customer service: visualization is provided and enhances understanding.

•

Lifecycle data – requirements, design, construction and operational information can be used in facilities management

•

Cost estimating: cost estimating is one of the main capabilities of BIM software. Material quantities are automatically extracted and changed when any changes are made in the model

•

Facilities management: renovations, space planning, and maintenance operations are available.

•

Fabrication/shop drawings: it is easy to generate shop drawings for various building systems

•

Conflict, interference and collision detection: because BIM models are created, to scale, in 3D space, all major systems can be visually checked for interferences. For example this process can verify that piping does not intersect with steel beams, ducts or walls.

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b. Conceptual Model Figure 1 illustrates a conceptual model for construction conflict management. This model intends to explain and discuss on the early stage of disagreements or differences among the project stakeholders. Three main features of the model have been categorized such as architectural aspects, engineering aspects and cost aspect. The details are as follows: •

The architectural aspects relate to the management or resolution on the discrepancies and argument on the details of the design specifications, locations and dimensions in the BIM model.

•

The engineering aspects relate to the management or resolution on the discrepancies and arguments on the details of the engineering and structure specifications, locations, dimensions and other engineering details that require in the construction site.

•

The cost aspects relate to the management or resolution on the discrepancies and arguments on the cost details of the project, such as quantities, rates, and allowances allocated in the project.

The problems can be resolved by referring to the details whenever there are disagreements or differences in these areas, provided that the BIM model has been developed into certain high level of details and some contractual provisions have been incorporated into the main contract to refer the BIM model as the source of references for any discrepancies or differences.

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Figure 1: Conceptual framework for Construction Conflict Management in BIM Besides, the potential disagreements or conflicts could be reduced by interconnection of all the key models in BIM. For example one of the BIM software is Navisworks that can identify conflicts between the architectural and engineering models. The correct information and also internal conflicts can be distinguished. Regarding the cost aspects, computer-aided take-off is another BIM that has required information to solve the differences among parties. It can reduce manually estimating errors and omissions. In some circumstances, construction fabrication details can be supplied by particular model of BIM and increase accuracy and reduce the cost of fabrication. The design conflicts would be reduced tremendously through model visualization and the rate of certainty regarding fitting of prefabrication materials will be enhanced. Therefore, reduction cost, error, and difficulties in creating drawings of fabrication are another extraordinary feature of BIM. The process of fabrication can be updated with as-built information and dimensional errors and conflicts can be eliminated and improve constructability.

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5. Conclusion: In this paper, an intensive literature review was conducted to identify different area of conflict management and dispute resolution. Up to mid of 2015, a total of forty eight related papers were collected analyzed from different journals since 2004. The review has identified and classified numerous areas such as selection of dispute resolution methods, the behavior of different resolution methods, contract clauses related to dispute, claim management, identification causes of dispute and categorization, cost of dispute problem and settlement and using different computerized decision making models to manage conflicts. Subsequently, a conceptual model was developed to fill out the gap application of BIM in conflict management. This has explained how the implementation BIM into the conflict management concept in construction project such as, better construction delivery, reduction of errors and omissions in design documents, detection of clash through the design of the project, reduction of overall time and cost of the project and also improve productivity and quality of BIM-enabled projects. All these benefits improve cooperation and collaboration for all parties in construction project that eventuated to prevent dispute in construction industry. Future research should investigate the application of the conceptual model into an actual case study and formulate a detailed and practical framework of BIM in conflict management for the industry.

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