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Arora, R (1997) Role and influence of emerging social dynamics in decisions on investment opportunities in construction industry, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Bhattacharya, S (2011) Enablers of growth for construction companies in India: a strategic approach, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Chaphalkar, N B (2007) Expert system for resolution of delay claims in construction contracts, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Deshpande, S D (1988) Some facility planning techniques for construction site layouts, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Jayesh, M P (2020) Inter-state migration for employment in India: a study on construction workers in Kerala, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Jha, K N (2004) Factors for the success of a construction project: empirical study, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Johari, S (2021) Effect of socioemotional cognitive, and technical competencies of workers on construction labor productivity, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Kar, S (2021) Developing a decision support system for effective material management in construction, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Karimi, Z (2016) Construction project performance metrics: conceptualization, measurement and application in metro rail, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Kuldip, C (1989) OR applications in strategic sector constructions with capital budgeting, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Kulshrestha, M (1997) Total Value Control in Construction through Multiple Criteria Decision Making (MCDM), Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Kumar, R (2020) Risk management framework for construction projects aligned to actualities, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Kumar, S V (2019) Identification and modelling of risk factors, mitigation measures, and entry strategies for Indian construction firms in international markets, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Kumar, V S S (1993) Application of fuzzy set theory in construction management, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Maddah, R (2019) An analysis of risks faced by foreign construction firms in India and their effect on project performance, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Mathur, R N (1986) Perception of quality of working life and the related factors: a study of women workers in construction industry, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Mujumdar, P (2017) Modeling design interdependency and iteration for multiple two-way information exchanges in construction projects, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Padala, S P S (2020) Matrix-based framework for modeling changes across multiple entity types in construction projects, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Pandey, P (2019) Lean scheduling in construction projects: realistic milestone planning, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Panwar, A (2019) Development of a many-objective model based on NSGA-III for construction projects, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Patel, D A (2015) Estimating the number of fatal accidents and investigating the determinants of safety performance in indian construction, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Patil, S K (2016) Determining influencing factors and predicting dispute outcome of variation claims in Indian construction contracts/ by Smita Krishnarao Patil, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
- Type: Thesis
- Keywords: complexity; time overrun; construction project; adjudication; arbitration; conflict resolution; decision making; dispute resolution; disputes; litigation; variations; professional; India; neural network; case study; questionnaire survey; test cases
- ISBN/ISSN:
- URL: http://eprint.iitd.ac.in/handle/2074/7146
- Abstract:
Unprecedented rate of growth of technology and modernization over last few decades has resulted in an infrastructure boom in India. Majority of these construction projects are carried out through contracts. Contract document plays a dominant role in preventing and resolving disputes in the construction contracts by providing complete coverage of all the items of work, duties and responsibilities of the contracting parties, and conflict resolution mechanisms related to all contingencies. With the increasing size and complexity in nature of projects the conditions of the contracts also tend to become more complicated, which in turn add to number of disputes to already existing ones and further delay the settlement of disputes. The delay in disputes apart from hampering project progress and damaging relationship between parties of contract also contributes to the cost and time overruns, ultimately affecting the national progress. This scenario demands for a development of scientific methodology to help judiciary to check the number of disputes. A study of various court cases and arbitration awards related to variations in construction contracts is carried out which highlights the various claims arising out of the variations in a construction project. An attempt has been made to integrate maximum information related to the disputes arising out of Variation clause in Indian Construction Contracts. Adjudication of disputes through the arbitration process, cases or a court involves, detailed and through analysis of facts and evidences related to the case before arriving at the final decision. The decision process of the arbitrator or judge is influenced by various factors related to the case. These factors, called as “Intrinsic factors” facilitate arbitrators in pronouncing the award. They are directly related to the facts and vary from case to case. The research identifies sixteen such factors through case study approach and seeking consensus of expert arbitrators for the same through a questionnaire survey. The research further developed a dispute resolution framework by employing neural networks based on the Intrinsic Factors influencing decision making of arbitrators related to 203 claims from seventy two awards arising due to variation to predict the outcome of the dispute. The neural network model is developed which has a prediction rate of 100% for ten test cases extracted from awards, while for the Supreme Court cases it has a prediction rate of 75%. This model aims at predicting solutions for the dispute resolution much faster than the prevailing system of arbitration and litigation helping the professionals to understand the results of the dispute claims. It is also observed that in spite of the facts and related backgrounds being same in several cases, the decisions vary. This indicates that there are some factors extraneous to the facts of the cases influencing the decision of the adjudicator. These “Extrinsic factors” could be the courtroom/arbitration venue condition; situations; attributes and personality traits of the adjudicator. In view of this background, this research study identifies and evaluates the impact of arbitrator’s attributes and personality traits on adjudicator’s decision. A total of twelve extrinsic factors were identified. The influence of these attributes on adjudicator’s decision was measured through 54 personality trait questions and four sample cases. The study revealed that arbitrator’s past experience in handling number of cases; neuroticism; dominance; and fairness are the four significant factors that influence the decision making of Arbitrators. Arbitrator appointing authority can make use of these to check if the candidate arbitrator possesses these traits before final appointment.
Sharma, R (1998) Organizational role stress:focus on executives of construction industry, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Sinesilassie, E G (2017) Determinants of success of public construction projects in Ethiopia, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Sundaram, T K (1989) Contract management: a rational approach to construction contract pricing, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Tabish, S Z S (2011) Critical success factors and fair performance in public construction projects, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.
Tripathi, K K (2018) Critical success factors for construction organizations in India, Unpublished PhD Thesis, , Indian Institute of Technology Delhi.