Claims and dispute management are critical for successful construction project delivery, as disputes can lead to delays, cost overruns, and damaged stakeholder relationships. Effective management of claims such as delay claims, payment disputes, and other contractual claims is especially important in unorganized construction sectors and emerging economies, where formal processes and regulatory frameworks may be weak. Common claims include schedule delays, variations or extra work, and payment issues, often arising from scope changes, unforeseen conditions, or contractual breaches. Managing disputes in fragmented and informal construction markets poses challenges due to unclear contracts, limited documentation, and lack of standard practices. Key dispute resolution strategies—negotiation, mediation, arbitration, and litigation—offer pathways to resolve conflicts, with a growing emphasis on alternative dispute resolution to avoid protracted court battles. Lessons from real-world cases underscore the value of early claim identification, thorough documentation, and the use of neutral experts or boards to resolve disagreements fairly. Global best practices show that proactive claim management (e.g., per FIDIC or NEC contract protocols), coupled with modern tools and collaborative approaches, can significantly reduce disputes. Ultimately, strengthening claims management processes and embracing digital innovations and ADR mechanisms are essential steps for improving project outcomes and fostering a more organized construction industry.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Claims and Dispute Management in Construction Projects

  • Shumank Deep,
  • Triveni Prasad Nanda,
  • Vishal Dwivedi,
  • Gaurav Kumar Chawla

摘要

Claims and dispute management are critical for successful construction project delivery, as disputes can lead to delays, cost overruns, and damaged stakeholder relationships. Effective management of claims such as delay claims, payment disputes, and other contractual claims is especially important in unorganized construction sectors and emerging economies, where formal processes and regulatory frameworks may be weak. Common claims include schedule delays, variations or extra work, and payment issues, often arising from scope changes, unforeseen conditions, or contractual breaches. Managing disputes in fragmented and informal construction markets poses challenges due to unclear contracts, limited documentation, and lack of standard practices. Key dispute resolution strategies—negotiation, mediation, arbitration, and litigation—offer pathways to resolve conflicts, with a growing emphasis on alternative dispute resolution to avoid protracted court battles. Lessons from real-world cases underscore the value of early claim identification, thorough documentation, and the use of neutral experts or boards to resolve disagreements fairly. Global best practices show that proactive claim management (e.g., per FIDIC or NEC contract protocols), coupled with modern tools and collaborative approaches, can significantly reduce disputes. Ultimately, strengthening claims management processes and embracing digital innovations and ADR mechanisms are essential steps for improving project outcomes and fostering a more organized construction industry.