Browsing by Author "Abeynayake, MDTE"

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AI models for predicting construction disputes in Sri Lanka
(Department of Building Economics, 2024) Kiridana, YMWHMRRLJB; Abeynayake, MDTE; Eranga, BAI; Sandanayake, YG; Waidyasekara, KGAS; Ranadewa, KATO; Chandanie, H
Construction disputes pose persistent challenges in Sri Lanka's construction industry, leading to project delays, cost overruns, and strained professional relations. This research seeks to alleviate these issues by introducing an AI-powered predictive model designed to identify and analyse dispute risks at the project's outset. By offering proactive insights, the AI model aims to enhance decision-making and facilitate the implementation of dispute prevention strategies, thereby improving overall project outcomes. Employing a mixed-methods approach, the study comprehensively examined project features contributing to disputes within the Sri Lankan context. Quantitative data on project characteristics and their correlation with dispute occurrence were gathered through structured questionnaires, while qualitative insights into dispute causes and stakeholder challenges were obtained via in-depth interviews with industry experts. Through meticulous analysis of this combined data, key predictors of construction disputes were identified, including contract ambiguities, unrealistic timelines, payment delays, poor communication, and unforeseen site conditions. These findings drove the development of a machine learning-based predictive model trained to recognise patterns, predict dispute likelihoods, and suggest their nature based on identified risk factors. This innovative AI tool has the potential to revolutionise dispute management practices in Sri Lanka's construction industry. By providing stakeholders with early warnings of potential disputes, the model enables proactive mitigation strategies, such as enhanced contract drafting, optimised communication, and timely alternative dispute resolution. The long-term impact of this research extends to fostering a more collaborative and sustainable construction industry, ultimately contributing to the successful delivery of projects across Sri Lanka.
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An Analysis of construction law and disaster management law relating to sustainable development in Sri Lanka
Abeynayake, MDTE
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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Aplicability of information technology law to avoid computer and internet crimes in Sri Lanka
Abeynayake, MDTE;
"The modern thief can steal more with a computer than a gun. Tomorrow's terrorist maybe able to do more damage with a keyboard than with a bomb." The world has entered in to a new era with full of facilities as well as with the new technology. Early days the technologies which were helping to fulfill the humans need was in a very poor condition. Fulfilling of their needs was difficult due to lack of technology. As a result of that people tend to find new ways of solving their problems as well as ways of fulfilling their needs. At the end of the day humans had won the technology and they do marvelous things from it. People had invented much equipment, machines by using the technology. However, an extreme version of an invented machine was the computer. After invented this extraordinary machine the day today work of the people had become much easier. Almost every work of day today life can be done using a computer system. Computer technology and the Internet are growing rapidly and this technology has given many new opportunities to us in every field such a entertainment, business, education, etc. Today, computer and telecommunicationtechnology have spread into nearly all areas of life and it has become cheaper and more user friendly. Also it becomes a very useful tool in our day today life. In today's environment, most businesses and government processes could not survive without the computer, especially web based businesses. Also the internet usage is very high compare with old days. However, the growth of international data communication made computer crimes more common and difficult to avoid. Computers and other electronic devices use by criminals to commit various crimes. These computer crimes have become more diverse and more dangerous. Because of such situation, the security of computer systems and the prevention of computer misuse have become the central questions of today's information society. So there's a challenge to avoid such computer crimes by using the legislation. During the last decade Sri Lanka has expand its use of information technology & internet and doubled the number of computer literate citizens. With this rapid development Sri Lanka also has faced the problem of increasing computer crimes. Sri Lanka had updated its criminal law recently to overcome this problem.
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Applicability of smart building concept to enhance sustainable building practice in Sri Lanka
Bandara, KTW; Abeynayake, MDTE; Pandithawatta, TPWSI
With the expansion of economic activities, sustainable development in construction industry got more attention worldwide. Hence, industry practitioners are more concerned on achieving sustainable construction goals to make more effective and efficient services. The Smart Building concept can be implemented with advanced building technologies to achieve clients’ requirements with in the economic, environmental and social parameters while enhancing building performances efficiently. To explore the applicability of Smart Building concept to enhance sustainable building practices in Sri Lanka, the qualitative research approach was used in this research. The opinions of the smart and sustainable construction experts were obtained through semi-structured interviews. Smart Building concept is novel to the Sri Lankan construction industry and the implementation is still in the initial stage. However, the perception of the construction industry on the Smart Building concept is focused on a strong and positive direction. The recognised sustainable benefits of Smart Building concept implementation can be used as a promoting tool to make interest on Smart Buildings. Most of these benefits are long term and most of the clients do not recognise the value of Smart Buildings in terms of sustainability. Therefore, improving the knowledge and awareness of the developers is vital during the implementation process within the local context. Lack of financial resources, complex technology requirement, reluctant to commence new technologies and lack of knowledge of developers and owners are the main barriers that are existing within the local context. Mitigating these barriers will expedite the implementation process of Smart Building concept and will upgrade the performance of the local construction industry dramatically.
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Arbitration as an alternative dispute resolution method in the construction industry of Sri Lanka
Abeynayake, MDTE; Weddikkara, C; Construction Industry; Dispute Resolution.
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 s in the Sri Lankan construction industry.
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Arbitration as an mechanism for dispute resolution in construction industry of Sri Lanka
Amarasooriya, B; Abeynayake, MDTE
Dispute resolution systems change with the interaction. There is a necessity of reviewing and improving of the arbitration practice periodically in order to minimize the cost and complexity of the process. This research is a comprehensive quantitative and qualitative study to assess significance factors and effectiveness of arbitration in Construction industry of Sri Lanka. Many parties to construction contracts have no more interest to go for arbitration. Therefore professionals should take collective measures to increase the effectiveness of arbitration. Literature review for research was done together with the preliminary survey. Further questionnaire survey among 36 professionals and semi structured interviews with 5 arbitrators were used for the data collection. The findings of this study indicate that the professionals involved in the construction industry have low level of satisfaction on the current practice of arbitration; however, they believe that arbitration is an effective mechanism for dispute resolution and should survive as an ADR (Alternative Dispute Resolution) method in the construction industry. The results of this study enable researchers to gain a deep understanding on the current arbitration practice and recognize significance of each advantages, drawbacks and suggestions for the development of arbitration in the construction industry of Sri Lanka. This research is limited to the arbitration practice in the construction industry of Sri Lanka and the sample for the data collection was selected only from leading clients, contractors and consultant organizations.
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Barriers for implementing dispute review board (DRB) method to Sri Lankan construction industry
(Ceylon Institute of Builders - Sri Lanka, 2023-07-21) Liyanawatta, TN; Abeynayake, MDTE; Sumanarathna, PMSU
In Sri Lanka, dispute resolution methods in construction contracts are Negotiation, Mediation, Adjudication, and Arbitration. Although the Dispute Review Board (DRB) method has been successfully used internationally for more than 30 years, it has rarely been applied in domestic contractual disputes. Thus, this research was conducted to identify the barriers hindering the implementation of the Dispute Resolution Board (DRB) mechanism in the Sri Lankan construction industry and to provide recommendations to overcome these barriers. This research was deemed necessary because the current dispute resolution methods could not effectively resolve contractual conflicts. Despite introducing DRB through Dispute Adjudication Boards (DAB), its potential benefits have not been fully realised in Sri Lanka. To achieve the purpose of the study, a comprehensive literature review was conducted first, and then a preliminary survey to identify the barriers to the implementation of DRB in the Sri Lankan construction industry. Subsequently, a questionnaire was administered to 44 professionals engaged in client and contracting organisations. The research findings revealed that the main barriers to the implementation of the DRB mechanism are unawareness of the concept of DRB, clients considering DRB as a burden and hassle for them, additional costs to be incurred, and lack of experience. Accordingly, the study recommends increasing the awareness of the DRB at the national level with the support of authorities to utilise it as a valuable alternative for resolving disputes in the Sri Lankan construction industry.
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Challenges and issues of environmental protection instruments related to infrastructure development projects in Sri Lanka
(2021-07) Wijerathna, BVMK; Abeynayake, MDTE
The construction industry is required to improve sustainability to increase the rapid growth of the economy of Sri Lanka. The Central Environmental Authority (CEA) has introduced Environmental Impact Assessment (EIA) survey, Initial Environmental Examination (IEE), and Environmental Protection License (EPL) as environmental protection instruments that have been correlated with construction projects. To interrupt the smooth performance of the EIA, IEE, and EPL, many challenges have been associated with these procedures. The research problem was approached through six preliminary interviews to refine the identified challenges and issues related to EIA, IEE and EPL with their processes within the Sri Lankan context. Based on the preliminary interview results, forty questionnaires were distributed to investigate the level of significance of the challenges and issues with regard to EIA, IEE, and EPL related to development projects. For this research, mixed research approach is used. Collected data were analysed in terms of statistical analysis and content analysis using NVivo 12 software respectively. The analysed data were revealed different issues of EIA, IEE, and EPL instruments in Sri Lanka. Especially challenges related to regulatory bodies were identified. According to the research, there were many adverse effects due to the ineffective implementation of environmental protection regulatory instruments. Similarly, it revealed that issues were affected to the time, cost, and quality of the construction projects. Ultimately, it provided proper guidance for implementing EIA, IEE, and EPL instruments and the necessity of implementation of a post-monitoring mechanism for environmental protection instruments.
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Challenges on bonds and guarantees under the payment security regime in the construction industry of Sri Lanka.
(2022-06-24) Manohara, PWV; Abeynayake, MDTE; Sandanayake, YG; Gunatilake, S; Waidyasekara, KGAS
The construction industry is a significant contributor to the national economy. Since construction has been facing risk management issue, bonds and guarantees have become a feasible solution, as a management too and mechanism. Professionals will have to undertake consequential responsibilities in managing bonds and guarantees. However, no significant efforts have been taken to identify how bonds and guarantees affect the construction industry of Sri Lanka. This research aims to explore the challenges and problems in bonds and guarantees, which are used in Sri Lankan construction projects, and to make recommendations to projects in the Sri Lankan context. Initially, a literature review has been carried out on different bonds and guarantees. Consequently, a mixed research approach has been used, which included expert interviews and a questionnaire survey. The collected data from expert interviews were analysed using content analysis that supported the design of the questionnaire. To achieve the study's aim, the bonds and guarantees were ranked against merits, demerits, issues, and suggestions in questionnaires using a Likert scale, considering the significance of those competencies in bonds and construction guarantees. The collected data were also analysed using the Relative Importance Index The research findings are revealed that there are several suggestions to overcome the barriers in bonds, guarantees and payment securities in Sri Lanka. Additionally, contractors' requirement to set up a special guarantee fund to protect business practices and it was identified as new suggestions that would aid the challenges and problems in line with bonds and guarantees in Sri Lankan construction projects.
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Comparative Analysis of Adjudication and Arbitration Methods in Sri Lankan Construction
(2015-08-20) Abeynayake, MDTE; Dharmawardhana, BC
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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Comparative study of environmental & planning law and disaster management law relating to the construction industry in Sri Lanka for sustainable development
(2014-01-27) Abeynayake, MDTE
This research will enable to gain basic understanding of Environmental Law & Planning Law relating to the construction industry; and analyse of new physical planning and disaster management rules and regulations in Sri Lanka . Laws governing protection of environment conservation and the use of natural resources in Sri Lanka are largely based on legislative enactments .There are many physical planning legislation in Sri Lanka such as Housing and Town Improvement Ordinance No. 19 of 1915 ,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, Pradeshiya Sabahas Act of 1987 etc for protection of the environment. Accordingly a set of building regulations are set out in the Schedule to the Ordinances. The objective of the laws are to promote planning of economic, social and physical development and its implementation in the urban areas. The Sri Lanka Parliament enacted two Acts namely Tsunami (Special Provisions) Act No.16 of 2005 and Disaster Management Act No. 13 of 2005 for rehabilitation.
item: Conference-Abstract
Comparative study of environmental & planning law and disaster management law relating to the construction industry in Sri Lanka for sustainable development
Abeynayake, MDTE
This research will enable to gain basic understanding of Environmental Law & Planning Law relating to the construction industry; and analyse of new physical planning and disaster management rules and regulations in Sri Lanka . Laws governing protection of environment conservation and the use of natural resources in Sri Lanka are largely based on legislative enactments .There are many physical planning legislation in Sri Lanka such as Housing and Town Improvement Ordinance No. 19 of 1915 ,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, Pradeshiya Sabahas Act of 1987 etc for protection of the environment. Accordingly a set of building regulations are set out in the Schedule to the Ordinances. The objective of the laws are to promote planning of economic, social and physical development and its implementation in the urban areas. The Sri Lanka Parliament enacted two Acts namely Tsunami (Special Provisions) Act No.16 of 2005 and Disaster Management Act No. 13 of 2005 for rehabilitation . These two Acts specially mentioned planning and recovery techniques and disaster management law of Sri Lanka. In the post tsunami reconstruction work, the government has given high priority to rebuild human settlement and shelters. These relevant legislation are related to rehabilitation and reconstruction strategies in tsunami affected areas through environmental protection. However there are various discrepancies, loopholes in these legislation. Objectives of the research are comparative study of existing environmental and Planning law relating to the construction industry in Sri Lanka , Analyse disaster management legislation and recommend improvements to the Construction Law practices in order to make planning procedure more effective. Every professional in the construction industry including the quantity surveyors architects , town planners, engineers should be well aware of the environmental and planning law and abide by them in order to better protect the environment by the impact of construction project as well as create a country with better living conditions in future.
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Critical analysis of alternative dispute resolution methods used in the construction industry in Sri Lanka
(2015-07-09) Abeynayake, MDTE; Weddikkara, C
Critical Analysis of Alternative Dispute Resolution Methods used in the Construction Industry in Sri Lanka Construction disputes are of highly technical in nature and in fact intensive and multifaceted than other commercial disputes. With reference to the literature review, it is obvious that disputes in construction industry are may occur in certain circumstances. With the increase in construction activities in Sri Lanka, the construction industry of Sri Lanka needs a fast and cost effective dispute resolution method. 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, fair, simple, flexibility, confidentiality, minimum delay. However, ADR methods are also having issues like drawbacks and pitfalls apart from their respective advantages. 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 priorities and to observe the extended review of panel of industry experts who were engaged in ADR methods in the construction industry. The panel consisted the ADR facilitators, professionals, consultants, resource persons and contractors. Fifteen problematic areas and twelve potential solutions for 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 ten issues which were ranked in Delphi round two. A pivotal conclusion of this research is that the stakeholders in the construction industry prefer “negotiation” as an ADR 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 settle disputes within a minimal time without damaging the reputation of involved parties. It should cater to that expectation by bridging the gaps such as not having a governing authority for ADR methods and also lower knowledge and awareness about ADR methods and in a case not having legal assent for some methods and low direction in standards conditions of contract. In this research ADR methods have been ranked as importance of critical attributes in ADR methods. It was revealed that construction industry expects quick remedy on than the less cost solution. It further revealed that the modernized 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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A Critical analysis on success factors of adjudication and arbitration practices in the construction industry of Sri Lanka
Abeynayake, MDTE; Weddikkara, C
Most of the construction contracts include Adjudication or Arbitration clauses. The construction industry needs a fast and cost effective means for dispute resolution. The desirable features of Alternative Dispute Resolution (ADR) are being fast, inexpensive uses, simplicity and flexibility. Arbitration Act No 11 different principles of UNCITRAL Model Law. . To accomplish the aim and objectives of the research, a literature survey was conducted to find out available literature. The questionnaire was used in a survey to gather primary data from the people engaged in the construction industry. The analysis revealed the key success factors that affect the decision in the selection of adjudication and arbitration in Sri Lanka. The results of this study enable researchers to gain a better understanding on the current adjudication and arbitration practice, and suggestions for the development of adjudication and arbitration practice.
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Dispute Adjudication Board as an ADR Method in the Construction Industry of Sri Lanka
(2015-08-20) Abeynayake, MDTE
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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Drivers and barriers to implement green building practices in higher education institutes in Sri Lanka
(Ceylon Institute of Builders - Sri Lanka, 2022-06-24) Illeperuma, IE; Abeynayake, MDTE; Sandanayake, YG; Waidyasekara, KGAS; Gunatilake, S
Higher education institutes have a vast variety of humans, processes, and activities with significant waste generation, transportation, water and material consumption, and energy and electricity consumption. They have the potential to disseminate and lead future generations in the transition towards sustainability. Green buildings are designed, constructed, and operated by efficiently utilizing resources to provide a healthy and comfortable built environment while minimizing the life cycle cost. Higher education institutes across the world are several steps ahead of Sri Lanka in implementing green building practices. Thus, this research aimed to find approaches to increase the implementation of green building practices in higher education institutes in Sri Lanka. The research aim was approached through a qualitative case study. Accordingly, three cases were studied by collecting data through nine semi-structured interviews. Collected data were coded by using the NVivo 11 software and analysed using the cross-case analysis. Findings revealed that benefits associated with green buildings, leadership, specialization of the institute, institutional policy, and imposed regulations drive Sri Lankan higher education institutes to implement the green building practices. Lack of awareness, professional knowledge, skilled labour, and funds, political regime changes, poor planning, and stakeholder management were identified as barriers. The research outcomes guide the policymakers and management of the Sri Lankan higher education institutes to effectively implement green building practices. Further, the research outcomes will help to make strategies to reinforce the drivers and mitigate the barriers.
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Incorporating digital technologies for alternative dispute resolution in the Sri Lankan construction industry
(Department of Building Economics, 2024) Abeywickrama, APTM; Abeynayake, MDTE; Eranga, BAI; Sandanayake, YG; Waidyasekara, KGAS; Ranadewa, KATO; Chandanie, H
The Construction Industry (CI) faces disputes that cause several negative impacts such as project delays and cost overruns. Alternative Dispute Resolution (ADR) methods are often recommended in resolving disputes due to their time and cost efficiency. However, with the technological advancements of the CI, it is necessary to incorporate Digital Technologies (DT) for effective dispute resolution. Thus, the study aims to explore the applications of DT in ADR in the CI to address the challenges in the Sri Lankan context. The research aim was accomplished through a quantitative approach by conducting a questionnaire survey with the participation of 37 respondents. Collected data was analysed through descriptive analysis. The findings identified three major causes of construction disputes in the Sri Lankan context contract-related factors, financial and economic factors, and task factors. Further, negotiation was found the most commonly used ADR method in Sri Lanka followed by arbitration and adjudication. Findings indicated that DT such as MS Office Packages, Virtual Online Dispute Resolution (ODR), Building Information Modelling (BIM), and Artificial Intelligence (AI) have high levels of effectiveness in enhancing ADR processes. BIM and Virtual ODR were highly valued for their ability to facilitate visualisation and remote dispute resolution respectively. The study suggests that DT applications can significantly improve ADR processes, enhancing efficiency and decision-making in dispute resolution, and calls for further research on global applicability and ethical implications.
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Is ‘Human Rights’ the End or the Means of Sustainable Urbanization? Buddini Chatumaduri Dharmawardhana, Mahesh Devinda Abeynayake and Nazeer
(2015-08-20) Dharmawardhana, BC; Abeynayake, MDTE; Sabrina, ANF
Urbanization is one of the inventible phenomena in the 21st century. People migrate to urban areas due to social, cultural, environmental, political and economic reasons. Rapid and unplanned urbanization lead to huge social, economic, cultural and environmental challenges. Therefore, sustainable development, more particularly sustainable urbanization is required in order to prevent adverse effects of rapid and unplanned urbanization. In other words development that meets the needs of the present generation without compromising future generations to meet their own needs as emphasized by the Brutl and Commission should be an essential feature in the urbanization process. It is apparent that urbanization causes serious violation of human rights including social, economic, cultural, civil and political rights which are indivisible and interdependent. These violations of human rights can be prevented through sustainable urbanization. In other words, achievement of sustainable development and sustainable urbanisation guarantees the human rights of people. Also on the other hand it is argued that rights-based approach is the best method to achieve sustainability. The objective of this paper is to evaluate as to whether the ‘Human Rights’ is the end result of sustainability or whether ‘rights-based’ approach is the way to achieve sustainability. In concluding the paper it is noted that ‘human being’ should be the paramount consideration and central concern of development and ‘Human Rights’ is the “END” as well as the “MEANS” of sustainable urbanization.
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Issues caused by employment of migrant workers in the Sri Lankan construction industry
(Ceylon Institute of Builders - Sri Lanka, 2023-07-21) Nawarathna, WGHK; Abeynayake, MDTE; Illeperuma, IE
Construction is one of the industries with a very high growth rate in Sri Lanka. With this growth, recent decades have seen a considerable rise in the number of migrant workers because of globalisation, wars, conflicts, poverty, and economic developments. While this wave offers the construction industry, organisations, and migrants many benefits, it also has drawbacks. Due to several reasons, migration has an impact on the Sri Lankan construction industry. However, this migration has several negative consequences and difficulties for the industry. Therefore, it is vital to recognise them and offer solutions. This paper discussed issues caused by the employment of migrant workers in the Sri Lankan construction industry, and research aimed to develop strategies to mitigate the issues caused by migrant workers in the Sri Lankan Construction Industry. The study used a mixed-methods approach, collecting data through questionnaire surveys and semi-structured interviews. Through a questionnaire survey, the research findings identified the top 13 issues brought on by the employment of migrant workers in Sri Lanka. "Communication issues," "Language barriers," "Competition for jobs," "Outflow of currency," and "Spread of Diseases" are the top five most important issues. Through expert interviews, the definitive significant management methods for those identified significant concerns were developed. The suggested solutions are divided into two categories: Strategies that construction organisations can use to overcome the issues and Strategies that the Sri Lankan government can use to overcome the issues Implementing training sessions, forming support groups, improving visual communication, modifying Sri Lankan government rules and regulations, and promoting an open Health and safety culture are the key strategies suggested in this study.
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Legal aspects concerning sustainable buildings and cities relating to the urban development in Sri Lanka
Abeynayake, MDTE
Sustainable buildings are energy and environmentally efficient, providing economic, environmental and social benefits over the whole built environment, while protecting and improving the needs of future generation. Sustainable construction also should be environmentally efficient and economically viable. Green Buildings" are an evolving term in Sri Lanka that encompasses both the general concept of environmentally conscious development and construction, as well as multiple formal rating systems for measuring the environmental impact of projects. A Sustainable City is a city where achievements in social, economic, and physical development are made to last. It is now widely recognized that cities make an important contribution to social and economic development at national and local levels. Cities are important engines of economic growth. Cities absorb two-thirds of the population growth in developing countries as well as it offer significant economies of scale in the provision of jobs, housing and services. Also cities are important centre of productivity and social advancement. Laws governing protection of environment in Sri Lanka are largely based on legislative enactments. The objectives of this legislation are to promote planning of economic, social and physical development aspects and its implementation in the urban areas. This paper presents existing and new environmental and planning law and legal aspects to be considered in sustainable buildings, cities and urban development in Sri Lankan construction industry.