An investigation into the use of alternative dispute resolution methods (ADR) in the Ghanaian construction industry.
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Date
2019-11
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KNUST
Abstract
The construction industry is a complex and competitive one, where players with diverse backgrounds, work together to achieve the project objective. A project is deemed successful where the project is completed within the original budget and the intended completion date conforming to the performance standards/specifications of the Client/Owner/Employer. The aim of this study is to investigate into the use of Alternative Disputes Resolution (ADR) in the Ghanaian construction industry. The specific objectives were to: identify the causes of disputes in the construction industry; to ascertain the effects of disputes on construction projects; to identify the appropriate ADR methods available for resolving disputes in the construction industry in Ghana and to identify benefits of ADR methods. Quantitative research strategy was employed. Questionnaires were used to collect data. The software for analysis was Statistical Package for Social Sciences (SPSS). The tools for analyzing the data collected consisted of descriptive statistics, mean score ranking and Cronbach Alpha. The following were identified as Alternative Dispute Resolution Methods (ADR) commonly used in the construction industry: Negotiation, Mediation, Arbitration and Adjudication. From the findings, Owner Related; Contractor Related; Design Related; Contract Related and Human Behaviour Related were ranked to be the most severe causes of disputes. Cost overrun; Time overrun; Destroy relationships; Delay in resolving disputes were ranked to be the severest effects of disputes. Finally, ADR is quicker, less expensive and healthier; and it eliminates the acrimony and confrontation associated with courtroom litigation were the significant benefits of using Alternative Dispute Resolution (ADR) mechanism in resolving disputes in the construction industry. It is recommended that due to the complex and technical nature of the construction industry and the issues, Alternative Dispute Resolution (ADR) approach is situated for players in the construction industry to achieve the objectives of the parties.
Description
A Thesis Submitted In Partial Fulfillment Of The Requirements For The Award Degree Of Master Of Law (LL.M).