World Construction Symposium

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An analysis of construction law and disaster management law relating to sustainable development in Sri Lanka
(2012-06) Abeynayake, M; Senaratne, S; Sandanayake, YG
Construction Law may be defined as the law that regulates built environment in relation to construction activities. This law also deals with physical planning techniques and protection of natural environment. Law governing in built environment in Sri Lanka is largely based on legislation. Main physical planning legislations in Sri Lanka are Urban Development Authority (UDA) Law No. 41 of 1978, Town and Country Planning Ordinance No. 16 of 1946, Municipal Council Ordinance and Urban Council Ordinance of 1947, Pradeshiya Sabhas Act of 1987, and their amendments. Provisions of these legislation are controlling construction activities in their regions. National Environment Act of 1980 controls EIA and EPL relating to the construction industry. The Sri Lanka Parliament enacted two legislations after the tsunami namely Tsunami (Special Provisions) Act No. 16 of 2005 and Disaster Management Act No. 13 of 2005 for the rehabilitation activities. These two Acts have mentioned planning and recovery techniques and elements of disaster management law. In the post tsunami reconstruction work, the government has given high priority to rebuild human settlements. However there are some discrepancies in these legislation and are not accepted in sustainability concepts. Hence, the aim of this research is to compare existing Construction Law and Disaster Management Law relating to the construction industry in Sri Lanka and recommend improvements to the Construction Law practices in order to make sustainability concepts more effective. Through a literature review of recent court cases, this research has analysed the basic concepts and discrepancies of the above mentioned law in Sri Lanka.
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Arbitration as an alternative dispute resolution method in the construction industry of Sri Lanka
(2012-06) Abeynayake, M; Weddikkara, C; Senaratne, S; Sandanayake, YG
The construction industry in Sri Lanka covers a complex and comprehensive field of activities. Disputes might arise at any point during the construction process. Dispute resolution systems are changed with the interaction of the parties. Arbitration is a voluntary procedure available as an alternative resolution to litigation, however not enforceable as the means of settling disputes except where the parties have entered into an arbitration agreement. Construction claims tend to be of the most technical nature - intensive and multifaceted than most other commercial disputes. The desirable features of arbitration are fast, inexpensive, fair, simple, flexibility, confidentiality, minimum delay. Sri Lanka Arbitration Act No. 11 of 1995 stated arbitration principles and UNCITRAL Model Law. However, there is a necessity to reviewing and improving of the arbitration practice periodically in order to minimise the cost and complexity of the procedure. This research is ultimately aims to assess significant attributes of arbitration in construction industry of Sri Lanka. This paper reports on findings gained from the literature review and preliminary survey conducted to explore the current status of arbitration as an alternative dispute resolution method in Sri Lankan construction industry. Current findings indicate that the construction professionals have minimum level of satisfaction on the current arbitration practice; however, they believe that arbitration is an effective mechanism for dispute resolution. The results of this study enabled to gain an understanding on the current arbitration practice and its significance and offer suggestions to improve current arbitration practices in the Sri Lankan construction industry.
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Comparative analysis of adjudication and arbitration methods in Sri Lankan construction industry
(Ceylon Institute of Builders, 2015-06) Abeynayake, M; Dharmawardhana, BC; Dharmawardhana, BC; Sandanayake, YG; Fernando, NG; Karunasena, GI
Construction claims are more technical intensive and multifaceted than other commercial disputes. The construction industry needs a fast and cost effective method for dispute resolution. Although the area of dispute resolution has been widely discussed and heavily researched, few studies have been conducted with respect to this research area in the Sri Lankan context. The aim of this study is to compare and contrast adjudication and arbitration methods use in Sri Lankan construction industry. To accomplish this aim, a literature survey would be conducted to find out available dispute resolution methods and the extent to which research has been carried out on arbitration and adjudication method. The developed questionnaire would be used to gather primary data from the professionals and the collected data would be analyzed using of statistical tools. Further, factors that can be used to compare arbitration and adjudication methods are presented in the latter part of the literature review. Semi structured interviews were carried out using the factors identified from literature review. The results of this research enable researchers to gain a better understanding on the current adjudication and arbitration methods, recognize significance of critical factors and suggestions for the development of adjudication and arbitration methods in the construction industry of Sri Lanka. The findings of this research indicate that the professionals who involve in the construction industry have overall average level of satisfaction on the current practice of adjudication and arbitration, however they believe that adjudication is an effective mechanism for dispute resolution rather than arbitration. It further revealed that the modernised stair-step model of dispute resolution strategy is the best. The research further makes recommendations in order to make ADR methods more effective and efficient.
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Critical analysis of alternative dispute resolution methods used in Sri Lankan construction industry
(Ceylon Institute of Builders, 2014-06) Abeynayake, M; Weddikkara, C; Sandanayake, YG; Fernando, NG; Karunasena, GI
Construction disputes are of highly technical in nature and in fact intensive and multifaceted than other commercial disputes. The litigation method is the traditional way of dispute resolution and drawbacks of litigation have opened up the ‘Alternative Dispute Resolution’ (ADR) methods. The desirable features of ADR methods are fast, inexpensive, flexibility, confidentiality, minimum delay. This research attempts to address the issues and conflicting areas of ADR methods in the Sri Lankan construction industry. Attempts have been made to identify and analyse problematic areas which are highly influencing the ADR methods. The aim of this research is to evaluate ADR methods and suggest improvements to the ADR methods in the Sri Lankan construction industry. This research is the result of surveys that were conducted to understand the experiences and usages of ADR methods. Two rounds of Delphi method surveys were conducted in order to identify problematic areas of ADR methods. Fifteen problematic areas and twelve potential improvements of ADR methods were identified during the Delphi survey round one. They were prioritised during Delphi method survey round two. Semi-structured interviews were used to get the extended view of the panel on top eight issues which were ranked in Delphi round two. A pivotal conclusion of this research is that the stakeholders in the construction industry prefer “negotiation” method. Usages and awareness about negotiation were highly appreciated by the construction industry professionals. Professionals had a low level of satisfaction on the current practice of arbitration. Overall expectation of the construction industry by application of ADR methods is to provide best solutions within a minimal time and without damaging the reputation of involved parties. It was revealed that construction industry expects quick remedy than the less cost solution. It further revealed that the stair-step model of dispute resolution strategy is the best. The research further makes recommendations in order to make ADR methods more effective and efficient.
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Dispute adjudication board as an ADR method in the construction industry of Sri Lanka
(Ceylon Institute of Builders, 2015-06) Abeynayake, M; Sandanayake, YG; Fernando, NG; Karunasena, GI
Unresolved disputes can lead to project delay, increased tension and can damage long term business relationship. As a result, Alternative Dispute Resolution (ADR) methods were evolved during the passage of time to resolve construction disputes. Dispute Avoidance Procedures, which include Dispute Review Boards (DRB) and Dispute Adjudication Boards (DAB) are used in the construction industry since those methods are encourage parties to resolve their disputes at site level. The DAB first started to use in Sri Lanka after the FIDIC (1999) red book was introduced to use and due to the insistence of the World Bank and Asian Development Bank as funding agencies for the mega development projects. Although many research papers of foreign countries stated that their success with the DAB, Sri Lankan construction industry mostly practiced adjudication in ad-hoc manner. This research was carried out to provide suggestions to overcome the barriers to implement the full term DAB method in Sri Lanka. Therefore, it is indeed necessary to find out the genuine reasons behind the reluctance of stakeholders in Sri Lankan construction industry towards ADR methods and why stakeholders even do not use adjudication which has been recognized as an effective and efficient ADR method, elsewhere in the world. Questionnaire survey was carried out among contractor and consultant organisations and semi structured interviews were carried to gather descriptive answers from them. The research revealed the barriers to implement the full term DAB in Sri Lanka and provides suggestions to overcome those barriers. The research would also be conducted based on the provisions in Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer (FIDIC 1999) first edition and Standard Bidding Document Procurement of Works Major Contracts (ICTAD/SBD/02) second edition. A pivotal conclusion of this research is that the stakeholders in the construction industry prefer “adjudication” as an effective ADR method.
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Dispute avoidance model for Sri Lankan construction industry
(Ceylon Institute of Builders, 2016-07) De Alwis, I; Abeynayake, M; Francis, M; Sandanayake, YG; Karunasena, GI; Ramachandra, T
Construction disputes have become a major hindrance for the performance of construction projects. Most of the practices in construction projects have contributed to avoid disputes while serving its own purposes. It is still hard to find a construction project with no disputes due the existence of root causes for disputes. Many steps have been taken to introduce effective dispute resolution mechanisms giving more concern on cost, time and enforceability of the solution, which still contain many drawbacks in practical applications. This ways to ‘prevention is better than cure’ and thus the concept of dispute avoidance being emerged. The research therefore aims to develop a dispute avoidance model for Sri Lankan construction industry. Primarily, literature review was done in order to find the issues related to dispute and factors contributing to dispute avoidance. The review revealed that risk allocation, selection of contractors, quality of documentation, time management, and procurement method could contribute to dispute avoidance. A survey research approach was adopted and questionnaires were issues to the professionals who have experience in dispute management in Sri Lanka. The collected data was analysed statistically using t-test. The research proposed ‘Dispute Forecasting Session (DFS)’ as dispute avoidance model for Sri Lanka. The research revealed that DFS need to be carried out middle of the briefing stage, in between pre and post contract stage and beginning of post contract stage of the project. Further the research identified the participants to DFS in terms of each stage of construction project; in briefing stage client and consultant; in pre contract stage client, consultant and neutral third party; in post contract stage contractor, consultant, nominated subcontractor and neutral third party. In addition, the research participants identified the activities to be performed in each stage of projects in order to avoid deputes. Finally the research suggests to utilise the DFS dispute avoidance model which will forecast construction disputes, thereby avoiding the foreseen construction disputes in Sri Lankan construction industry.
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Effectiveness of alternative dispute resolution methods used in the highway construction projects in Sri Lanka
(Ceylon Institute of Builders, 2016-07) Gammanpila, CM; Abeynayake, M; Sandanayake, YG; Karunasena, GI; Ramachandra, T
Effectiveness of dispute resolution affects immensely for success or failure of construction projects. This document consists of a literature review about alternative dispute resolution (ADR) methods including negotiation, mediation, Dispute Adjudication Board (DAB), ad-hoc adjudication, arbitration and ten critical factors affecting to effectiveness of ADR methods such as cost, speed, relationships, fairness etc. After decades of use there is no clear detailed analysis about used alternative dispute resolution in highway projects for their effectiveness and efficiency. In order to fulfil this gap, this research is conducted to evaluate effectiveness of used ADR methods regarding ten critical factors. The research methodology adapted was qualitative within multiple case studies from disputes arisen in Expressway Construction projects. The primary data collection techniques used in this study were ADR documents and semi structured interviews. Content analysis was used to analyse these documents and cross case analysis to compare cases findings to each other. The research findings revealed that ratings for critical factors fluctuate from case to case significantly. In the discussion of research findings, key attributes identify which was the cause for fluctuations. So one cannot simply say this or that factor affects most to the success and this ADR method is best way to deal with disputes. According to study it’s not fair to deal with every dispute in the same manner, so categorization of disputes concerning key attributes needed for improved efficiency of ADR methods. Guidelines developed include steps, tables and flowcharts for using ADR methods effectively. These findings and guidelines are presented in a logical, systematic and a sensible way to identify the ideal ADR method for a given dispute rather than relying on subjective decisions. It is hoped that these findings and guidelines will be useful to the stakeholders in future highway projects and can be adapted to the whole industry.
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Effectiveness of project partnering in the Sri Lankan construction industry
(Ceylon Institute of Builders, 2018-06) Nissanka, NARU; Abeynayake, M; Sandanayake, YG; Gunatilake, S; Waidyasekara, KGAS
Complexity and disputes are some of the inherent features of the construction sector. Building up more effective and sustainable relationships as a means of avoiding such disputes would result in value addition to the final outcome of a project. Under these circumstances, concept of ‘partnering’ is emerging to play an essential role in terms of avoiding adverse relationships. The research anticipates to provide a comprehensive knowledge on reasons behind the concept of project partnering not being well practiced and its effectiveness within Sri Lanka. Quantitative research method was followed in attaining the research aim and objectives. Semi structured interviews and questionnaire survey were carried out in gathering required information for the purpose of analysis. Information gathered via semi structured interviews revealed that project partnering is hardly or not used at all within Sri Lankan construction sector and considering current situations the need for such concept within industry is timely. Research identifies six major reasons behind project partnering not being broadly practiced in Sri Lankan context and highlights the strategies to be implemented in order to promote this concept within industry. Further suitability and effectiveness of project partnering concept within Sri Lankan context was evaluated based on the results of questionnaire survey. It revealed that time saving, increase in understanding between parties, less adversarial relationships as well as high customer satisfaction are highly possible if this is implemented in Sri Lanka. Further it highlights the government has a major role in identifying this concept and promoting it throughout the industry.
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Framework for mitigating contractual disputes in the Sri Lankan construction industry
(Ceylon Institute of Builders, 2016-07) Thusharika, APJN; Abeynayake, M; Sandanayake, YG; Karunasena, GI; Ramachandra, T
Dispute is defined as “any contract question or controversy that must be settled beyond the jobsite management”. Most of the construction disputes related to the contractual matters. The aim of the research was to develop a framework as a strategy that could mitigate to the occurrences of contractual disputes in Sri Lankan construction industry. Literature synthesis aimed at adapt the nature of contractual disputes by establishing critical attributes of contractual disputes, causes of contractual disputes, strategies used to avoid contractual disputes, Alternative Dispute Resolution methods and attributes in ADR methods. The five Semi-structured interviews and thirty five detailed questionnaire surveys were aimed at detailed studying of practical situation in Sri Lankan contractual disputes, identifying the areas, causes, effects, avoidance strategies of contractual disputes and attribute in Alternative Dispute Resolution methods and behaviour of the attributes in ADR methods. The research findings revealed major areas of contractual disputes named as general causes, contractor and owner related causes. Major causes of contractual disputes are ambiguities in contract documents, delays in work progress, design errors and major effects identified as cost overruns, project delays and damage business relationships. Contract documentation, proper coordination between contract documents and proper contract administration are the major contractual dispute avoidance strategies. Furthermore, major attributes in ADR methods are identified as duration of the proceeding, obtaining fairness decision and binding of the decision. Further research findings are revealed that arbitration require highest duration of the proceeding, mediation provide the more fair decision and arbitration decision is more binding and enforceable.
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Health, safety and welfare standards of employees in the Sri Lankan construction industry
(Ceylon Institute of Builders, 2018-06) Pathirana, KPLB; Abeynayake, M; Sandanayake, YG; Gunatilake, S; Waidyasekara, KGAS
Construction industry could be identified as one of the major employment opportunity providing sectors in the world wide. Due to larger operational time and use of large force of labour and machineries, risk is predominant in the construction industry. Many fatal accidents have been occurred during the project. Construction accidents are common in the Sri Lankan construction industry. Most prevailing reason in Sri Lanka when considering about the health, safety and welfare of the construction industry, could be identified as the improper safety culture. Furthermore, current Sri Lankan law do not comply with the present needs and they have become outdated. Aim of this research is to uplift the health, safety and welfare (HS&W) standards of employees and make recommendations for effective development of construction industry. Current situation of HS&W of construction industry of Sri Lanka is identified using of expert survey research approach under quantitative research approach. Factors contributing for the HS&W issues are examined and factors are properly ranked during the research. Then recommendations have been provided to mitigate factors. Furthermore, loopholes of current Sri Lankan Laws are identified. Overall expectation from the properly established health, safety and welfare culture is to uplift the working standards of the employer in a safe working environment. The extent of contribution from the government to achieve this expectation is well addressed through the research findings. Here amendments to be made for the out dated Sri Lankan legislation are elaborated through the findings. Contributions from the organizations to succeed the targets are also depicted.
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The legal framework for design liability in building information modelling
(Ceylon Institute of Builders, 2015-06) Dissanayake, TL; Jayasena, HS; Abeynayake, M; Sandanayake, YG; Fernando, NG; Karunasena, GI
Building Information Modelling (BIM) is a solution to achieve productivity, efficiency, life cycle enhancement and sustainability in the construction industry. It also promotes the two symbiotic factors information sharing and collaborative approach among the professionals. Transference from the conventional practice to BIM will make the design liabilities change and create legal uncertainties among the professionals. This was expected to be acting as an obstacle to achieve the desires in BIM’s wider adoption and a suitable legal framework was found to be necessary. The solutions for the legal uncertainties arising from the new environment needs to be formulated and on the other hand in order to adopt BIM in an effective manner it requires identifying of these legal uncertainties and provides a clear vision for the client and the design team on how they should work in the changed environment. With this prime intention, this research was conducted adopting mixture of legal and scientific research methods. Initially preliminary literature synthesis was carried out which discussed the present legal environment with the expected change through BIM. The legal analysis was carried out following the flexible iterative style where the researchers’ opinion blends with the experiences from primary sources of law to build up the tentative hypothesis. Through semi structured interviews with a group of experts representing different proficiencies in the construction industry, this tentative hypothesis was tested; the collected data from construction industry experts were subjected to content analysis based on opinions and suggestions, these findings were then interpreted to identify the suitable legal framework. The legal framework which was identified includes the preventive mechanism of negligent acts, liabilities of the human factor, process and enforceability, actions, proposed provisions and suggestion. Hence, this framework is recommended to be implemented in the BIM environment.
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Legal framework for effective implementation of ADR methods under the construction industry development act
(Ceylon Institute of Builders, 2016-07) Jeyavernee, J; Abeynayake, M; Sandanayake, YG; Karunasena, GI; Ramachandra, T
The recently enacted Construction Industry Development Act No. 33 of 2014 is for the development of the construction industry in Sri Lanka. The Act facilitates the resolution of disputes within the construction industry. There is ineffectiveness on implementation of ADR methods for the settlement of disputes. Thus, this study focuses on developing a legal framework for effective implementation of ADR methods for the settlement of disputes in accordance with the said Act. The research was initiated with a literature survey. A survey approach was implemented whereby two rounds of questionnaires were distributed and semi-structured interviews were conducted among construction professionals with more than 10 years of experience. A pilot study was conducted as a preliminary measure to design the questionnaire round one. Questionnaire survey was conducted by Delphi technique with two rounds by targeting 36 and 30 professionals in round one and two respectively. Data was analysed by taking as a percentage of the total number of respondents for questionnaire round one. For questionnaire round two, first t-test was used to identify the significant problems and potential solutions and then MWR was used to rank them. The structured interviews were analysed using content analysis. The sampling technique was a judgemental sampling. The survey results on questionnaires revealed the problematic areas related ADR methods used by the construction industry and at the said Act. The survey findings also presented potential solutions to overcome those problematic areas. In addition to the questionnaire survey, interviews were generated recommendations to the part IX - Settlement of disputes of the said Act. Through these results of the study legal framework for effective implementation of ADR methods under the Construction Industry Development Act No. 33 of 2014 was developed. This framework can be adopted to settle the dispute effectively in the Sri Lankan Construction Industry. By practicing this framework the projects can be continued without deadlock, whenever dispute is arisen.
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Mediation as an alternative dispute resolution method in Sri Lankan construction industry
(Ceylon Institute of Builders, 2014-06) Abeynayake, M; Weddikkara, C; Sandanayake, YG; Fernando, NG; Karunasena, GI
Litigation is a traditional mode of dispute resolution; disadvantages of litigation have paved the way for the development of ‘Alternative Dispute Resolution’ (ADR) methods for settlement of construction disputes. Mediation can be identified as commonly practicing ADR method in international construction industry. However, the current experience of mediation method in the Sri Lankan construction industry is not that much popular with compared to the other ADR methods. Hence, it is essential to review the suitability of mediation method for resolving disputes in the Sri Lankan construction industry. Literature review was done together with the preliminary survey for the collection of information. Research problem was approached through interviews of experts in the construction dispute resolution. Findings of the research identified the mediation process, advantages, disadvantages, barriers for the implementation of mediation method and best ways of establishment by overcoming the barriers. Results of the research indicate the process, practice and establishment of construction mediation is suitable for the Sri Lankan context. Further, this research is limited to the evaluating the suitability of mediation only in resolving construction disputes in Sri Lanka. Data and information collection were limited to the experienced ADR practitioners who having analytical knowledge in mediation practice. It further revealed that the mediation method for the dispute resolution in the construction industry is suitable. The research further makes recommendations in order to make mediation method more effective and efficient in the Sri Lankan construction industry.
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Review of impact of judicial interference to enhance Construction arbitration in Sri Lanka
(Ceylon Institute of Builders, 2018-06) Senarathna, DR; Abeynayake, M; Sandanayake, YG; Gunatilake, S; Waidyasekara, KGAS
The basic characteristics of built environment activities are complexity and disputability in its own nature. This complexity drives most of the construction projects and contracts towards disputes between parties. Construction contracts in the industry are more complex than all other type of business contracts by its nature. This complexity itself has paved the path for disagreements between parties of such contracts. Although disputes are common in Sri Lankan construction industry as elsewhere in the world, dispute resolution mechanisms are not admired in Sri Lanka. The litigation process is the traditional mode of dispute resolution, drawbacks of litigation process have opened up the ‘Alternative Dispute Resolution’ (ADR) methods. Literature based on the process of Arbitration in Sri Lanka and other countries reveal that using Arbitration as an alternative method to the court system will be more beneficial than court litigation. It is evident that there would be a high possibility to ensure the efficacy of the process of Arbitration by minimising the interference of the judiciary. At present Arbitration as an ADR method does not efficiently resolve the disputes. This research examines the usage of Arbitration as an ADR method to resolve the construction disputes instead of traditional litigation. However, the current arbitration method and its practice hinders the advantages by irregular judicial interferences which prolong its efficiency. The aim of this research is to recommend effective amendments for current Arbitration practice in Sri Lanka by reviewing the impact of judicial interference. This research proposes a well-planned Arbitration method which can avoid pitfalls in the current legal regime of the Arbitration practice in Sri Lanka. Further it seeks to suggest positive amendments for the Act to avoid loopholes and minimise the challenging grounds of arbitral awards.
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Significant factors affecting effectiveness of community-based organizations in rural water supply sector of Sri Lanka
(Ceylon Institute of Builders, 2017-07) Rathnayake, MD; Abeynayake, M; Vithanage, SC; Sandanayake, YG; Ramachandra, T; Gunatilake, S
Water as a basic need of all humans, their ultimate expectation is to have health and well-being life fulfilled with social and economic development through getting access to use of safe drinking water. Subsequently, providing adequate drinking water to all poor living areas has become a major challenge in developing countries like Sri Lanka. Community engagement in rural water supply (RWS) projects should become essential as the client and end-users are not involved in the project management process during a typical project. Therefore, the aim of the research is to investigate the factors which are significantly affect for effectiveness of Community Based Organisation (CBO) management in both client’s perspective and community perspective. A mixed approach was utilized for the study. A comprehensive literature review was intended to explore factors which are affecting for effectiveness of CBO management. Significant factors were observed through semi structured interviews based on Delphi technique to collect data on client’s perspective. Questionnaire survey was carried out based on close ended questionnaires to collect CBO perspective data. Data was analysed via content analysis to generate qualitative outcome while RII technique was utilised to analyse statistical data. Effective revenue, effective billing to collection ratio, effective CBOs’ managerial level, effective stakeholder relationship and monitoring quality of water were identified as both perspectives agreed factors. The most significant factor on CBO perspective was considered as effective CBOs’ managerial level while client perspective factors such as effective CBO involvement in operation and maintenance phase, development of CBO performance and relationship between National Water Supply and Drainage Board (NWS&DB) and CBOs was considered as most significant. Outcome of the study can be recommended to use as a tool before commencing the water supply project for aware about which factors are mostly assist to increase the effectiveness of CBO management.
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Special features, experiences and new trends in arbitration in the construction industry of Sri Lanka
(Ceylon Institute of Builders, 2013-06) Abeynayake, M; Weddikkara, C; Sandanayake, YG; Fernando, NG
In Sri Lanka, Alternative Dispute Resolution (ADR) methods such as negotiation, conciliation, mediation, adjudication and arbitration can be identified as preferable alternatives for replacing traditional litigation as they would be more effective in time and cost. Arbitration is a voluntary procedure available as an ADR method to litigation. The main feature of arbitration is that it is consensual in nature and private in character. Arbitration Act of Sri Lanka No 11 of 1995 stated that arbitration principles and contents are based on UNCITRAL Model Law. At present, many parties to construction disputes have no interest in pursuing for arbitration. Therefore, professionals should take collective measures to increase the effectiveness of arbitration. With the increase in construction activity after 30 years of civil war the construction industry of Sri Lanka needs a fast and cost effective dispute resolution method. The aim of this research is to critically evaluate the arbitration method, its experiences and new trends as an ADR method in the construction industry of Sri Lanka, and suggest improvements to its practice in order to make arbitration procedure more effective. The research is to develop arbitration as an effective and efficient ADR method in the Sri Lankan construction industry.Literature review for the research was carried out together with the survey. The questionnaire survey was used among construction industry professionals. Accordingly, data collection was selected only from experienced professionals in the industry. This research is limited to the arbitration in the construction industry of Sri Lanka.
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Strategies to improve the productivity of site level building contractors in Sri Lanka
(Ceylon Institute of Builders, 2017-06) Dadallage, S; Abeynayake, M; Pilanawithana, N; Sandanayake, YG; Ramachandra, T; Gunatilake, S
The construction industry is widely recognised as a laggard in terms of productivity improvement. Site level construction productivity is a major influential factor to reduce the overall productivity in the construction industry. The main reason behind this is the critical site level construction productivity problems faced by Sri Lankan contractors. Therefore, aim of the study is to identify the possible solutions to enhance the site level construction productivity of building contractors in Sri Lanka. Accordingly, a mixed approach was used for the research. Initially, an extensive literature review was carried out to identify the site level construction productivity influential factors which was followed by a preliminary survey to investigate the critical problems influencing the site level construction productivity of contractors in Sri Lanka. A questionnaire survey was carried out to identify the most critical site level problems faced by the building contractors in Sri Lanka. Finally, expert interviews were conducted to identify the possible solutions to enhance the site level construction productivity of building contractors. Findings revealed that the most critical site level problems include worker skills problems, worker motivation problems, unavailability of skilled labours, and material management problems on sites. Accordingly, introducing proper training programs, implementing incentive, rewards and appreciation schemes as per the workers’ performance, training unskilled workers, educating site workers on proper usage of materials are the possible solutions for the identified four most critical problems.

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