Master of Science in Construction Law and Dispute Resolution

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item: Thesis-Abstract
Analysis of the perception of legal and institutional framework relating to public private partnerships
(2024) Goonatilake, MDMJ; Kulathunga, U
The research on “Analysis of the Perception of Legal and Institutional Framework Relating to Public Private Partnerships” is undertaken to form an opinion of the aforementioned framework from the viewpoint of Contracting Authorities and the private sector. Public Private Partnerships (PPP) is the way forward for countries like Sri Lanka, in developing infrastructure. The PPP model enables Governments to be pro-active and envisage development, without being constrained by limitations in national budgets. Also the ability to allow advanced technologies in infrastructure development to be brought in by private investors under the PPP model greatly enhances the capability of developing countries to move up the development ladder. Sri Lanka has been implementing PPP projects for more than 2 decades, however, the consistency and continuity of implementation is not observed compared to neighboring and countries with similar economies. The flipside of such inconsistency is the lack of economic benefits to the country and slower economic growth rates. Accordingly, it is crucial that the current PPP framework is analyzed from the perceptive of both the public and private stakeholders involved and understand its’ strengths and weaknesses, while also seeking avenues to improve and develop the framework to be more hospitable for PPP project implementation. Key areas identified as issues and challenges in the current framework are disconnect between the existing legal framework and the project document preparation, lack of policy on prioritization, optimization and economic benefits, lack of coordination between stakeholder government institutions and identifying the current PPP framework only as a guideline. Through the comparisons with successful frameworks and suggestions by experts the key improvements would be establishing an independent centralized committee with a mandate to prioritize, coordinate and implement PPP, introduction of PPP policy and a dedicated legislature with standardized documents, and improved accountability of document preparation and review committees. Keywords: Public Private Partnerships, Perception, Legal and Institutional Framework, Challenges and Improvements
item: Thesis-Abstract
Overcoming critical issues of international construction joint ventures in Sri Lankan construction industry
(2024) Mendis, BLD; Jayasena, S
International construction joint ventures (ICJVs), have become a successful strategy for sustainable development. Numerous studies have highlighted the potential pitfalls leading to the critical situations and even to failure of construction joint ventures (CJVs), ranging from ambiguous partner roles to imbalanced risk-sharing mechanisms and misunderstandings in operational practices. Even though many researches have focused on identifying critical issues in CJVs, there were lesser number of researches which have focused on strategies to overcome those critical issues. Hence, this research was conducted with the purpose of identifying the critical issues in ICJVs and strategies to overcome those issues. Through the literature review, twenty-eight critical issues and twenty-seven critical success factors were identified. To identify the most significant critical issues and issues that can cause ICJV failure, from the pool of issues, a questionnaire survey was conducted. Forty individuals with expertise of International Construction Joint Ventures (ICJVs) and over five years of experience in the construction industry participated in the survey. The data collected through questionnaire survey was analyzed using Relative Importance Index (RII) to identify the most critical issues. In the view of finding additional critical issues, critical success factors and strategies with practical examples to overcome those factors, ten expert interviews were conducted. The interview data was analyzed using manual content analysis. Among twenty-eight critical issues, five issues have ranked with highest RII which have significant impact to the ICJV such as ICJV partner selection and exit mechanism, JV management related issues, Inter-organizational difference, Issues related to host country, Risk allocation. Through expert interviews, it revealed three critical factors additionally such as time zone difference, Human resource management and supply chain disruption. Further, it was revealed the economic instability in the country has severe impact on ICJV performance. Finally, probable strategies were proposed to overcome critical issues in ICJV. Key Words: International Construction Joint Venture (ICJV), Critical issues in ICJV, Construction industry Sri Lanka
item: Thesis-Abstract
Risks of non-performing mitigation action actions for contractual risks by contractors in Sri Lanka with reference to international forms of contract
(2024) Wijesinghe, KP; Devapriya, K
Contractual risks are common in the construction industry and can result in significant losses for the parties involved. To mitigate these risks, international forms of contract such as the FIDIC 1999 have been developed. However, the effectiveness of these contracts depends on the implementation of the mitigation actions by the contractors. Therefore, this research aims to identify the non-performing mitigation actions for contractual risks by contractors in Sri Lanka with reference to the FIDIC 1999. The research conducted an evaluation of contractual risks using the Risk Impact Index (RII), providing an overview of the level of contractual risks involved. The study identified the top 20 risks with the highest impact when considering all subclasses together, which were further analyzed in subsequent subsections. These selected highly impactful risks were examined not only for mitigation procedures but also for the risks associated with non-compliance with these procedures, as outlined in the guidelines. The RII methodology, which incorporates the likelihood and severity of each risk, was utilized to calculate the impact of these risks. Those with the highest RII scores have the potential to exert the greatest impact on the project. These risks encompass various aspects of construction projects, including legislative changes, time and cost extensions, payment issues, force majeure events, defects notification periods, suspensions, terminations, and dispute resolution. Project managers and stakeholders are urged to identify and assess these risks to formulate effective risk management strategies aimed at minimizing their impact on project success. Addressing these risks proactively can mitigate delays, cost overruns, and disputes, ultimately enhancing project outcomes. It is important to recognize that while this table offers valuable insights, it alone cannot provide a comprehensive risk assessment of the project. Other factors, such as project context, team experience, and overall project management approach, should also be considered. Contractual risk mitigating procedures were derived and listed from the literature findings, and prioritized contractual risks were identified based on sub-clauses. The risk of non-compliance with mitigation procedures was further evaluated based on responses from construction industry professionals. A guideline was developed based on the overall inputs and data received from respondents, with efforts made to summarize responses to minimize complexity. Keywords: Contractual risks, Contractors, FIDIC 1999, Risk register, Qualitative analysis, Mitigating procedures, Risk impact, Likelihood, Severity, Construction industry
item: Thesis-Abstract
Constraints implementation of PPP urban development infrastructure projects
(2024) Morawaka, UD; Hadiwattege, C
Urban development infrastructure projects are vital as they can facilitate significant benefits to society. As a result of the struggling economies of developing countries Public-Private Partnerships (PPPs) have been identified as a key strategic policy to deliver public infrastructure facilities. PPPs facilitate the private sector to get involved with financing, designing, building, operating, maintaining and management of projects. However, Sri Lanka is still struggling to implement PPP urban development infrastructure projects due to institutional constraints. This study focuses on investigating the constraints of the public sector for better implementation of PPP urban development infrastructure projects. From this study, it was critically reviewed the use of PPP by the public sector with special reference to urban development infrastructure projects and explained the PPP coverage on infrastructure projects in Sri Lanka. Further, it explicated the government's institutional barriers to better implementation of PPP projects through a comprehensive literature review. Considering these institutional barriers, a study was carried out in the Urban Development Authority (UDA), Sri Lanka to appraise the challenges that the UDA is facing for better implementation of PPP infrastructure projects. Descriptive statistics were used to analyse the empirical data acquired from a questionnaire survey from both inside and outside 32 professionals who closely worked with PPP infrastructure projects of UDA. The studies revealed six main areas and 38 subareas of barriers for better implementation of infrastructure PPP projects. The main areas are Project Feasibility, Procurement Method, Risk Allocation, Managing Social Barriers, Continuous Involvement and Support from the Government Staff. In the context of UDA, Managing Social Barriers and Support from the UDA staff were appraised as the most challenging sectors. Finally, the findings identified the main constraints for better implementation of PPP urban development infrastructure projects. Keywords: Urban Development Infrastructure Projects, Public-Private Partnerships, Urban Development Authority, government institutional barriers
item: Thesis-Abstract
Effectiveness of arbitration in construction contracts in Sri Lanka
(2024) Perera, TDDU; Kulathunga, U
In construction contracts, arbitration is frequently chosen as the ultimate Alternative Dispute Resolution (ADR) procedure. This choice is based on several factors, including the commonly arising technical nature of disputes, as well as the requirements of the contracting parties for a private, timely and cost-effective procedure, all while ensuring the legal binding nature of the decision. However, in its application in to construction disputes arbitration procedure was recognised to be short on its effective delivery than anticipated. To enhance the performance of the arbitration procedure, it is imperative to identify and address the root causes of drawbacks experienced by the participants. Existing literature concerning drawbacks of the arbitration procedure experienced in construction disputes were extensively reviewed to enhance the quality of the research outcome. To address the research problem, a quantitative research approach was employed, which involved conducting a questionnaire survey among professionals who had direct involvement with the arbitration procedure. With use of this questionnaire, it became possible to recognise the overall level of user satisfaction, identify the most significant drawbacks experienced by the parties, determine the root causes of these drawbacks and gather recommendations for improvement of the construction arbitration procedure in Sri Lanka. The findings of the research study revealed that a majority of the respondents have expressed satisfaction with the overall arbitration procedure, even in light of the drawbacks experienced. Notably, the drawbacks in international arbitration included high procedural expenses and legal fees, while domestic arbitration was found to be dissatisfying on procedural delays and administrative difficulties. Based on the survey, nine root causes were identified with significant influence on drawbacks. Recommendation for improvements provided by participants include conduct of pre-hearing meetings, introduction of project specific arbitration clauses, involvement of construction industry experts as arbitrators and legal consultants, and developments of local arbitration institutions. Key words: ADR in construction, Drawbacks of arbitration, Root causes, Cost, Duration
item: Thesis-Abstract
Environmental related disputes of expressway construction projects in Sri Lanka
(2023) Siriwardane, SMPB; Gunatilake, PKSVS
The generous purpose of constructing and developing the expressways of the Sri Lankan government to facilitate the general public through transportation. The time can be saved by avoiding the highly traffic congested roads and utilizing the expressways. But while implementation of such mega scale projects there is a high possibility to take place the disputes between internal parties or with the external parties. A country like Sri Lanka which is fully blessed with extraordinary environmental values can be affected by expressways construction projects. This study was carried out with the aim of identifying significant environmental related disputes of expressways construction projects in Sri Lanka. The main objectives of the research is to identify the types and causes of the environmental disputes, economic and social impact of them together with identification of the mitigation measures. The objectives are accomplished by the quantitative research approach and data were collected by a questionnaire survey with the aid of a Google form. Findings revealed that the nature of mostly affected in Sri Lankan expressway projects were excessive noise and vibration, bad air quality and disturbance to the drainage and water environments. Significant types of environmental disputes like disturbance to the neighborhood by activities generate too much noise and vibration, health issues affected to the locals and neighborhoods by polluted air and problems raised by the cultivators and farmers. The major causes for the environmental related disputes have been found in the survey as, changing ground conditions, lack of feasibility studies, lack of planning in brownfield sites and poor waste and disposal management system. Identified the impact of environmental related disputes to the economic and social aspects of expressways projects in Sri Lankan context by additional cost, delays to the project and local environment, communities, biodiversity respectively. Recognized the mitigation measures that can be taken to manage the identified environmental disputes like insertion of the necessary provisions to the contracts and have the legislative support.
item: Thesis-Abstract
Claims Avoidance in road projects : corollary contributions of lessons from the past
(2023) Priyangika AAH; Hadiwattage C
Claims in road/expressway construction are contemplated by many project stakeholders to be one of the most unpleasant and disruptive measures of a project. Claims in road/highway construction projects in Sri Lanka are inevitable, and there is no exception to the other countries. These claims result in an extension of time, cost overruns, and adversarial interrelation between the stakeholders. Therefore, avoidance of claims gets paramount importance; hence knowledge generated on projects must analytically be incorporated into succeeding projects. However, it is perceived that projects continuously fail to avoid claims efficiently and effectively. The study was approached through a literature review, five case studies, and seven semi-structured interviews with claim consultants, RDA consultants, and project directors. An in-depth study was carried out through content analysis. First, it identified the current practices of claim avoidance, the rescindable nature of claims, and strategies for claim avoidance. It is identified that new strategies need to be developed and applied in claims avoidance in road/highway construction projects. The study revealed that incorporation of lessons learned practices, proper contract document through a centralised project management unit, timely acquisition of land, the establishment of real-time contract duration, effective pre-contract process and site investigation, early intervention of stakeholders, honour the contractual provisions, avoidance of late deliverables, change the attitude towards the claims, and increase the awareness of the RDA consultants are as main strategies for claim avoidance. Further, this research bridges the gap between knowledge and claim avoidance through a lessons-learned system to overcome claims in future projects based on the views of the experts in the field. Computer-based feedback software systems, commercial meetings, and PPR are identified as the best tools for obtaining lessons learned knowledge in foreign-funded road projects in Sri Lanka. This study presents an integrated database information system that can be used to capture and disseminate claim-related information in the form of “lessons learned” to utilise in forthcoming projects. Accordingly, a conceptual framework has been developed for the successful implementation of the system.
item: Thesis-Abstract
Investigate the most suitable professional to be an arbitrator in the Sri Lankan construction industry
(2022) Priyadarshani EAA; Perera BAKS
Construction projects are performed in the construction industry under numerous legal agreements involving various parties. Mechanisms for resolving conflicts are required for the successful completion of construction projects. The merits of adopting Alternative Dispute Resolution (ADR) processes depend on the terms of the contract and the preferences of the disputing parties. Currently available studies fail to resolve the disagreement between the key competencies possesses that each of the professionals who serve as arbitrators for the construction industry Sri Lanka. Few authors, however, have conducted systematic studies on the critical competencies required for an arbitrator to succeed in their profession and provide the best, unbiased resolution after the arbitration process. In the Sri Lankan construction industry context, this illustrates the imperative requirement to evaluate and appreciate the qualifications of professionals in the industry. Thus, this study aims at the suitability of professionals as arbitrators in the construction industry based on their competencies. The research apprehends a qualitative approach, and the objectives were achieved through a literature review and sixteen (16) semi-structured interviews among arbitration professionals in the construction industry. Selected professionals for this study are Engineers, Quantity Surveyors, Architects, and Lawyers. The findings illuminated suitability, not suitability, and any modifications needed of those selected professionals. Furthermore, there is a comprehensive comparison of competencies required by an Arbitrator and the competencies of selected professionals for this study. Finally, the findings recommended the most suitable professional for the construction industry arbitration.
item: Thesis-Abstract
Investigation on the impact of engineer's determinations : a case of Sri Lanka based on fidic 1999 red book
(2022) Samanmali IMR; Disaratna PAPVDS
Construction industry is emerging day by day with their products having innovative and complex features. Due to the complexity of the projects, occurrence of disputes is inevitable. Accordingly, various types of disputes are arising in the construction industry. Sometimes, disputes occur due to the Engineer’s unfair Determinations and/or unilateral rejections of the Contractor’s Claims. Since these disputes are finally settled through the ADR process, both Parties have to suffer incurring additional time and costs. Hence, it becomes a serious issue which shall be addressed and to suggest the strategies/solutions to overcome the Engineer’s unfair Determinations. This research problem was approached through the case study of four number of completed Projects in Sri Lanka which were based on FIDIC Conditions of Contract. Semi structured interviews were conducted with five number of experts who are possessing experience as the Engineer for the Contract and involved in ADR process. The collected data were analyzed in terms of cross case analysis and manual content analysis. Documentation review was carried out to identify the effects and/or consequences of the Engineer’s unfair Determinations and unilateral rejections of the Contractor’s claims. Furthermore, identified reasons and strategies to overcome the Engineer’s unfair Determinations which were obtained through expert interviews are presented in the conceptual framework presented in the Chapter four. Findings of the research revealed that, most of the disputes occurred due to the Engineer’s unfair Determinations and/or unilateral rejections of the Contractor’s claims which have been overruled by the Decisions /Awards of the ADR methods in the selected cases. The research found that, aforesaid Engineer’s unfair Determinations resulted the Parties to suffer incurring additional time and costs which could be prevented if the Engineer has correctly and fairly issued their Determinations. Thus, the research recommends to the industry practitioners to follow the identified strategies and solutions to prevent these unnecessary time and costs spend in terms of resolution of the disputes by way of ADR methods.
item: Thesis-Abstract
A framework to minimise public nuisance related issues of urban construction projects in Sri Lanka
(2022) Mahawatta SI; Sandanayake YG
The construction industry is one of the major economic drivers of any country. Comparing to rural areas many construction projects are happened in urban areas. Urban construction projects usually have high risk processes with several constraints. Public nuisance is an aspect that is linked with urban construction projects due to its operations in congested environment. Although there are some researches have been carried out over public nuisance related issues of urban construction projects for the global context, there is a lack of an investigation about public nuisance related issues, and the causes behind them in urban construction projects of Sri Lanka. Hence, there is a need to investigate public nuisance related issues, their causes, mechanisms to minimize them in urban construction projects and legal provisions available in Sri Lanka. Therefore, this research aimed to develop a framework to minimise public nuisance related issues in urban construction projects in Sri Lanka. The research followed a qualitative research approach with a case study method selecting three similar urban construction projects in Colombo metropolitan area. Semi structured interviews were conducted in collecting data from each selected case study along with observations and document review. Then the collected data were analysed through content analysis. As it was found from literature there are seven types of public nuisance related issues namely, noise & vibration, dust & smoke, mosquito breeding, odour effect, traffic impact, waste and water & air pollution. These issues were found in selected cases for the study and operation of concrete pumping machines, generators and drilling and grinding works, wall chasing, sanding putty for painting, and demolitions, incomplete concrete tanks, flower buckets, pool area and disposed water containable items, food waste and toilets, entering of heavy vehicles to the site, disposal of chemicals and polluted water were the causes for above mentioned nuisance issues. Court injunctions due to the noise & vibration and dust & smoke issues, additional cost due to mitigation works and delays in certain actions can be pointed out as the impacts of the issues of mosquito breeding, odour effect, traffic impact, waste and water & air pollution. Furthermore, through proper planning and executing, the impact of public nuisance in urban construction projects can be minimised. Moreover, conducting noise generating activities at night, using sound barriers, destroying mosquito breeding places, treating water stagnated areas, removing food and construction waste to the approved yards appropriately, educate workers to minimize water and air pollution, using filtration system before discharging water in to water resources were the strategies taken to minimise the issues due to public nuisance. In Sri Lanka, there are several legal provisions related to the public nuisance issues. Moreover, Nuisances Ordinance, National Environmental Act, Code of Criminal Procedure Act, Penal Code, Municipal Council Ordinance, Urban Councils Ordinance, and Pradeshiya Sabha Act are the commonly used public nuisance related legal provisions in Sri Lanka. Eventually, a framework was developed to minimise the Public Nuisance of urban construction projects by integrating the types of Public Nuisance, the causes for them, their impact to the construction projects and Nuisance Acts and Ordinances available in Sri Lanka.
item: Thesis-Abstract
Suitability of alternative dispute resolution methods based on risk factors to the Sri Lankan construction industry
(2022) Hapuarachchi HNM; Kulathunga U
Disputes within the construction industry seem to be very common. To resolve such disputes, the practice is to go for litigation. However, due to excessive time and cost incurred in litigation, nowadays parties use new innovative dispute resolution methods which are commonly known as Alternative Dispute Resolution (ADR). Negotiation, conciliation, facilitation, mediation, adjudication, arbitration and hybrid models such as Mediation-Arbitration are available in the global context as ADR methods. Out of such ADR methods, negotiation, mediation, conciliation, dispute adjudication board and arbitration are common in Sri Lankan industry practice. It is a common question in the construction industry how a suitable ADR method(s) can be selected. However, most of the research studies conducted in the Sri Lankan context are relevant to the applicability, enforceability, and effectiveness of ADR method(s). Further, it can be noted that research studies are lacking on the choice of ADR method(s) in the local context. Additionally, literature proves risk as a common phenomenon in construction projects can be used as a criterion to select ADR methods. Addressing these research gaps, this research investigates the suitable Alternative Dispute Resolution method(s) based on risk factors for successful dispute resolution in construction projects in Sri Lanka. A comprehensive literature review was performed on ADR methods and risk factors of construction projects. The data collection of the study was designed under two stages, an expert survey and a questionnaire survey. An expert survey was executed with five experts who have expertise in ADR and risk management in the construction industry. Thus, the expert survey is performed to filter the risk factors under the criteria for the choice of ADR methods. The impacts of filtered risk factors were also gathered. 10 risk factors out of 15 risk factors were taken forward to design the questionnaire survey, the second stage of data collection. Subsequently, a structured questionnaire was developed and distributed among 40 respondents under the purposive sampling method who has expertise in ADR and risks in construction. 34 out of 40 questionnaires were received and data were analysed through the Relative Importance Index (RII) technique. ADR methods were ranked based on RII values against risk factors and designed a matrix to select ADR method(s) based on risk factors of the construction projects in Sri Lanka. The result proves negotiation is the best ADR method while ranking conciliation, mediation, dispute adjudication and arbitration areas suitable respectively.
item: Thesis-Abstract
Suitability of the role of the engineer to the contract as a mediator to mitigate the disputes in construction projects
(2022) Bandara UGDI; Perera BAKS
Disputes are widespread in construction projects. The Engineer to the Contract can avoid most of these disputes. The Engineer is identified as an impartial judicial decision-maker. Howeveralternative dispute resolution is the next step in resolving disputes out of the Engineers controlMediation is the best resolving technique out of other alternative dispute resolution methodsand Mediator is the key person in the Mediation process. Past studies prove that the Engineercan play a Mediator’s role and provide evidence for the industry’s need for a mediator rolefrom Engineer. Therefore, this study aims to investigate the suitability of the Engineers role to the contract asa Mediator to mitigate disputes in construction projects. A qualitative research approach andsemi-structured interviews were selected as the data collection methodology to approach theaim based on the study objectives. Collected empirical data were analysed using manual content analysis. Characteristics of the Engineer and the Mediator, enablers, and barriers werecollected via the literature survey and validated through the expert interview. The intervieweesidentified entire barrier management strategies and disclosed new enablers and barriers. Thestudy recommended forming a standard agreement accepted by all contracting parties whenappointing the Engineer to the contract.
item: Thesis-Abstract
Management of dispute related to contractor's liability under differing site conditions in design and build projects
(2022) Weerawardana IADSS; Perera BAKS
The Design and Build Procurement method is one of the most frequently used procurement methods in the present construction industry. It releases Employers from the design responsibilities and transfers design and construction responsibilities to the Contractor. Further, Differing Site Conditions are one of the unforeseen, unpredictable risks construction projects face, and it acquires considerable additional time and cost to complete the project. Hence Contractors are keen on claiming the Differing Site Conditions situation, one of the highly disputed claim types in the Design and Build projects. Thus this research aims to manage the contractual disputes related to the Contractor’s Liability under Differing Site Conditions in Design and Build Projects. Initially, a comprehensive literature survey was conducted, followed by selection of three case studies. Document review and expert interviews helped gather information about the Design and Build Projects in Sri Lanka. The research findings revealed that Contractors’ Differing Site Conditions liabilities towards the D&B projects and types of Differing Site Conditions disputes from the literature review were validated via interviews. In addition, the interviews disclosed the new Differing Site Conditions liabilities of the Design and Build Contractor and Differing Site Conditions disputes. The research disclosed the D&B Contractor’s non-perform DSC liabilities and reasons for the non-performance. The study outcome reveals that validation of Employerprovided data and not conducting a proper site investigation before bid submission are some DSC liabilities non-performed by the D&B Contractors. The research further identified that the main reasons for this non-performance are the negligence and unawareness of the DSC liabilities by D&B Contractors and the cost and time limit to include a detailed site investigation during the bidding period. The literature revealed the contractual and technical parameters to manage each type of Differing Site Conditions dispute, and the interviews introduced new parameters to manage the Differing Site Conditions disputes. The interview results revealed that establishing the DSC parameters, DSC evaluation techniques, and identifying DSC risk responsibilities in the Contract are primary contractual parameters. Doing a detailed site investigation and obtaining technical experts’ knowledge to identify and analyse the potential DSC risks are a few technical parameters to manage the DSC risk as of the interview response. Managing the Differing Site Conditions disputes in the construction project is a win-win situation for both the Employer and the Contractor. This research can be a benchmark for further study in Differing Site Conditions disputes.
item: Thesis-Abstract
Empherical investigation on professional negligence of construction professionals
(2022) Shakthi AGBT; Hadiwattge C
The construction industry is complex and involves several activities. The construction industry and projects are linked with time, cost, and quality constraints to ensure project performance. Although the application of complexity science to the construction sector has not received much attention for professional negligence, there is evidence that the construction process might be viewed as a complex system in and of itself. Therefore, the complexity and scale of the construction projects often leads to professional negligence. This research aims to investigate the impact of professional negligence on construction project performance while developing a framework to overcome professional negligence in the construction industry. The research utilises a mixed research approach with five expert interviewees and 249 questionnaire survey respondents obtained in the Sri Lankan context. Both the Relative Important Index (RII) and content analysis was used for the quantitative and qualitative data analysis respectively. Findings reveal that poor design with negligent supervision is the highest possible reason, while carelessness and insufficient information on documents are the second highest possible reasons for professional negligence. Furthermore, the findings reveal that four interviewees have accepted that there is a significant impact of professional negligence on project performance, while one interviewee stated that there is no such impact. A model was developed using the findings of the research, including strategical mitigation approaches for the avoidance of professional negligence, and increasing project performance in the Sri Lankan construction industry. The study recommends industry experience, minimising additional claims, zero accidents, avoiding negligence, and quality of deliverables to support the professionals in the construction industry to increase the project performance. Developing connectivity among pre- and post-contract teams, obtaining professionals with relevant educational qualifications, and use of effective communication channels are proposals for the development of project performance while minimising professional negligence. Research into a legal framework to address pre- contract and post- contract dispute resolutions, possible strategies to overcome professional negligence in the Sri Lankan context need more insight. Findings from the study can be used by construction professionals to better understand how professional negligence impacts the construction industry.
item: Thesis-Abstract
Influence of delay in utility shifting for extension of time claims in road construction projects in Sri Lanka
(2022) Karunarathna DC; Disaratna PA.PVDS
With the growing of the road construction sector, extension of time claims has been grown significantly due to the various reasons. Utility shifting is critical in road construction since it necessitates the relocation of existing service lines in the site premises without causing public disruption. However, there have been a number of delays in recent years, which will result in the emergence of extension of time claims as a result of these delays in the utility shifting procedure. As a result, utility transfer delays have become a major issue in road construction projects, resulting in time claims being extended. Therefore, the aim of the research is to improve the efficiency of the utility shifting process, which will help to reduce the impact of utility shifting delays on time claims in Sri Lankan Road Construction projects. Content analysis and Relative Important Index (RII) methods were used to analyse the empirical data acquired from preliminary and expert interviews with a questionnaire survey. The research's findings indicated 10 most severe causes of delay in utility shifting process. These causes have been derived based on the possibility of arising extension of time claims and significance of impact of causes of delay in utility shifting process. Lack of coordination by the Client/the Engineer and utility Authorities except the Contractor, insufficient budget allocation for the Client and procurement issues by the utility Authorities are the top three most severe causes of this study which rapidly leads extension of time claims for delays in utility shifting process in Sri Lankan Road construction projects. In this research, forty-one (41), handling strategies were provided to minimise the effect of the ten most severe causes in utility shifting to reduce the extension of time claims in road construction projects is Sri Lanka. Finally, it is recommended not to include unfair contractual terms as to utility shifting work, such as transferring complete responsibility to the contractor even if the delay is caused by other parties in utility shifting.
item: Thesis-Abstract
Management of defect claims in infrastructure projects in Sri Lanka
(2022) Thusharika APJN; Perera BAKS
Defect claims are inevitable in construction projects. The complexity, high cost, and time consumption for the completion of infrastructure projects lead to more defect claims. Thus, this study aimed at how to manage defect claims in infrastructure projects in Sri Lanka. Firstly, the types, causes, consequences, and strategies to manage claims were identified through a literature review. This was followed by a detailed study of defect claims in infrastructure projects to identify the types, causes, consequences, and management strategies of defect claims in Sri Lanka. This was accomplished via semi-structured interviews. Next, a questionnaire survey was carried out to identify the most significant types, causes, consequences, and management strategies of defect claims in infrastructure projects in Sri Lanka. Manual content analysis and relative importance index helped analyse the collected empirical data through interviews and questionnaires, respectively. The research findings revealed seven types of defect claims and identified the most significant defect claim types as construction defects, workmanship defects, design defects, and material defects. The most significant causes of defect claims were indented as subcontractor failures, inadequate and inexperienced professionals employed, site conditions, improper approvals, bad quality of work, inaccurate topological data, lack of resources, improper project management, selected inexperienced contractors, and inadequate specifications. The research findings further disclosed the most significant consequences of defect claims as cost overrun, deterioration of the quality of the product to be delivered, producing low-quality projects, damage to Business relationships, and sharing information with project parties. Furthermore, the most suitable strategies to manage defects claims were disclosed as clear and frequent communication, distribution of the required information, establishing quality control measures, keeping records, early notification, use of named subcontractors rather than nominated subcontractors, creating, implementing, and utilising a logical and user-friendly schedule, monitoring the system set up by the main contractor, scope assessment, and conducting regular site meetings.
item: Thesis-Abstract
Suitability of AD-HOC and institutional arbitration for resolving disputes in Sri Lankan construction industry
(2022) Edirisinghe SS; Sandanayake YG
Construction industry being vulnerable for disputes due to its comprehensive and complex nature, the resolution of disputes become a prominent factor. Disputes have the potential to arise in any stage of a construction project. Thus, a significant need for Alternative Dispute Resolution (ADR) methods has arisen where arbitration plays a vital role. There are two basic forms of arbitration namely ad-hoc and institutional, where both forms have advantages as well as shortcomings when practicing them. Even though there are many researches available regarding ad-hoc and institutional arbitration pertaining to global context, less evidences can be found for researches on the suitability of ad-hoc and institutional arbitration for the Sri Lankan construction industry. Therefore, this study aims to investigate the suitability of ad-hoc and institutional arbitration to resolve disputes in Sri Lankan construction industry. The different types of arbitration, their significance in construction industry, and current practice, applicability and appropriateness of ad-hoc and institutional arbitration have been reviewed through literature survey. Subsequently, qualitative research approach was followed to achieve the aim of this research. Semi-structured interviews were conducted with 10 arbitrators practicing in Sri Lankan construction industry. The collected data were analysed using code-based content analysis with the aid of NVivo 11 software. Further to the findings, institutional arbitration contains strengths like pre-tested rules and firm procedures with adequate administrative support as well as weaknesses like higher administrative fees. Ad-hoc arbitration comprising with party autonomy and flexible procedures as strengths and controlling time of the proceedings as the major weakness. Based on strengths and weaknesses of both forms, most international and upper-level local contractors are likely to go for institutional arbitration due to its reliable rules and procedures. Finally, strategies were proposed to enhance the effectiveness of ad-hoc and institutional arbitration for the progression of Sri Lankan construction industry. Since ad-hoc arbitration does not contain procedural rules and time limit to conduct arbitration, it has been suggested to amend the Arbitration Act by including a provision for procedural rules and specific time duration to provide the arbitral award. In terms of institutional arbitration, capacity development programs for arbitrators have been suggested as a strategy focusing to their development towards institutional arbitration. It can be concluded that among the two arbitration methods, institutional arbitration is the most suitable method under the prevailing legal system in Sri Lanka, where ad-hoc arbitration is the most feasible method to resolve disputes in Sri Lankan construction industry. Construction industry practitioners can use the findings of this study to effectively solve disputes in Sri Lankan construction industry.
item: Thesis-Abstract
Disputes in contract management in international engineering, procurement and construction (EPC) projects: the case of chinese contractors
(2022) Cheng C; Waidyasekara A
With the encouragement of Chinese government and the implementation of “the Belt and Road Initiative” national proposal, more and more Chinese contractors involved in international projects. The majority of international projects executed by Chinese contractors are building construction, transportation and power engineering in developing countries, that the projects last long time and consist with high costs. Engineering, procurement, and construction (EPC) is a favored project delivery approach, which is increasingly adopted by both public and private organizations. However, Chinese contractors are struggling to make profit from those EPC projects due to the high risks therein. Disputes frequently generated between the contractual parties, especially when costs overrun, and time delay happened in projects. In turn, disputes impact the smooth execution of the projects and amicable cooperation with the Owner. Contract management is the core of contractor’s project management. Poor contract and poor contract management will lead to disputes in projects. In order to assist the Chinese contractors, gain success in international projects, this research aimed to investigate the disputes faced by the Chinese International Contractors in contract management reference to EPC projects. The research adopted a qualitative research approach with case study strategy. Data was collected from literature review of current studies, document review and semi-structured interviews. Seven kinds of internal documents in the selected two cases were reviewed, and six interviews with the staffs in different management level were conducted. Data from the two cases were analyzed separately and cross case analyzed to find more information. This research first introduced the Chinese contractors’ status in international construction market; the features of international projects, EPC projects; the claims and disputes; the contract management and common causes of claims and disputes caused by contracts. Then based on the data analysis, the findings presented the important conditions of contract; the contractual relationship; the organization of the contractor; the claims and disputes; problems in contract management and methods to avoid disputes. This research helps readers to understand what the disputes in contract management are, how contract management is conducted. Moreover, this research provides the suggestions from contractor’s point of view on how to avoid disputes caused by contract management from three aspects, that is personal capability, organization capability and time.
item: Thesis-Abstract
Impact of scope definition indeterminacy on iron triangle performances in public building construction projects
(2022) Herath HMPS; Hadiwattege C
Public building projects are vital in the construction industry since they can provide a variety of public benefits and improve the efficiency of public utilities. The Iron Triangle is a crucial driver of public building projects, ensuring project success through proper management of the Iron Triangle's components. However, when it comes to the elements that have identified in this research, the scope is the most important factor to consider. As a result, analysing the impact of the Iron Triangle due to scope indeterminacy in public building projects is a critical performance metric for reducing negative impacts on the Iron Triangle and ensuring the efficacy of public building projects. Therefore, the study focuses on the assessing the above impact of scope indeterminacy on the performance Iron Triangle in public building projects. Case content analysis and descriptive statistics were used to analyse the empirical data acquired from expert interviews and a questionnaire survey. The studies revealed twenty-seven causes for scope indeterminacy in public building projects, with twelve (12) of them being unique to public building projects. In addition to that, the study discovered 34 handling strategies for reducing the impact of scope indeterminacy. In the context of public building projects, eleven of the most severe causes of scope indeterminacy for Iron Triangle performance were discovered, with "Lack of Planning" and "Lack of Concentrate on Defining Scope" being the most severe causes of scope indeterminacy for Iron Triangle performance in public building projects.
item: Thesis-Abstract
Investigate the critical attributes and practical constraints affecting the effectiveness of arbitration in the construction industry of Sri Lanka
(2022) Udana DI; Abeynayake M
With the growing of the construction sector, construction disputes have been grown significantly. ADR methods including arbitration requires effective procedures of management in order to deliver fair awards to the clients. Still, few number of studies have been conducted on enhancing the effectiveness of arbitration, they had very little prioritisation on critical attributes and practical constraints. This research aims to enhance the effectiveness of arbitration method, which will ultimately help avoid disputes in the construction projects in Sri Lanka. The collected empirical data from expert interviews and two phase of questionnaire survey were analysed using content analysis and descriptive statistics respectively. The research's findings indicated twenty-five (25) attributes connected to the Sri Lankan arbitration framework, with ten (10) of them being deemed the most critical. In the arbitration, "information confidentiality" is the most critical attribute. Furthermore, the analysis uncovered twenty-one (21) severe practical constraints relating to the Sri Lankan arbitration context, with ten (10) of them being identified as the most essential. In the context of Sri Lankan arbitration, the top most severe restraint is "time demanding." To enhance most critical attributes, 14 handlings strategies were identified. Among them, arbitrators must properly manage the arbitration process, arbitrators must gather sufficient information from the parties to deliver a successful hearing, conducting an awareness program is required to enhance the success of the arbitration and clearly identify their role and responsibilities of arbitrators can be considered as most significant strategies to deal with specific attributes also the professionals must avoid the practical constraints.