Research toppic on: ARBITRATION AND OTHER ALTERNATIVE DISPUTE RESOLUTION (AS TOOLS FOR DISPUTE RESOLUTION IN THE CONSTRUCTION INDUSTRY)
CHAPTER ONE
1.0 Introduction
1.1 Statement of the problem
1.2 Research questions
1.3 Objective of the study
1.4 Research hypothesis
1.5 Scope of study
1.6 Significance of the study
1.7 Definition of terms in dispute
CHAPER TWO
CHAPTER THREE
CHAPTER FOUR
CHAPTER FIVE
CHAPTER ONE
1.0 INTRODUCTION
The construction industry is a vast industry, which covers civil Engineering, Constructing project like Airport, Runways and Aprons, Roads, Railways, Sports fields, earthworks, earthdams and their abutments, culverts, etc. heavy engineering project like petrochemical complexes, refineries, food and drugs water supply. Electrical supply and sewage plant, etc and lastly the building like construction of industrial, residential, commercial and other buildings.
In building industry it involves the process of using various material to provide living accommodation, security and access, which is coordinated by the gencial constructor whose obligation is to construct the work in accordance with the contract document within the required time. The general contractor takes full responsibilities from the inception to completion, base on this, the employer commissions his professionals to take charge of the process of the project actualization from the very beginning to its final account. The employer is to pay the contractor what is due for work done, and in certain circumstances to compensate the contractor for this losses and expenses. The employer appears to have few expense contractual obligation and to play a merely passive role, the contract allocate numerous duties to the contract administrators or professionals.
If the contract administrator fails to perform, the contractor may claim against the employer for breach of contract. In most cases, such project are never realized either on scheduled or at all, due to one form of dispute or the other resulting from client professionals or administrators.
Generally conflict emanate from resistance to an ill motive for instance, in the tower of Babel, the men who moved east wards decides to build a city for themselves, so that they may not spread through out the earth. They became selfish unfortunately, that idea of theirs was contrary to God’s purpose for creating man.
However, in order to stop them and achieve his goals, God put misunderstanding in them. Confusing their language. This in-turn made their objectives incompatible, resulting to conflict amongst them.
In construction industry, there are various forms or nature of dispute. Base on this research we trying to chip-in the role of quantity surveyor in various alternative dispute resolution method in Nigeria construction industry. But by KEVIN MCKEE & February 2006. alternative dispute resolution (ADR) is any procedure or combination of procedure entered into voluntarily by the parties to a dispute or disagreement.
1.1 STATEMENT OF THE PROBLEM
Display in Nigerian construction industry have caused a lot of project delay, abandonment, cost overrun and time consuming. This project will determine the role of a quantity surveyor in resolving this dispute in construction industry to bring a harmonized and peaceful environmental in construction industry.
1.2 RESEARCH QUETSIONS
1. What is alternative dispute regulation (ADR)?
2. In what ways can the O/S resolve this dispute?
3. What is the nature of dispute in the construction industry?
4. What are the cause of conflicts in construction industries?
1.3 OBJECTIVES OF THE STUDY
- To identify the role of quantity survey in resolving alternative dispute in construction industry.
- to determine the factors that are responsible for dispute in the construction industry
- it is also aimed at educating and sensitizing them to role the fact that conflict do not always set back the progress of work (depending on the way it is approached). That it could at times lead to finding alternative courses of action that eventually add value to project deliverable. It creates an opportunity for parties to say their mind. It beings the together.
1.4 RESEARCH HYPOTHESIS
The research hypothesis are identified from research variable for the study.
Ho- To resolve alternative dispute in Nigerian construction industry is dependent on the professional competence of the contractor.
Hi- To resolve alternative dispute in Nigerian construction industry is not dependent on the professional competence of the contractor.
Ho- There is a best way of resolving construction disputes.
The construction industry is a vast industry, which covers the building industry, includes residential, industrial, commercial system and other buildings etc. civil engineering construction includes funnels, airport runways and aprons, staffs, earthworks, earthdam and dredging, pilling, jetties and quays, bridges and their abutments, culvert, cooling and other towers, reservoirs caissons, canals, pipelines and silos, etc. Based on the above therefore, this research work is therefore to minimize the alternative dispute resolution in the construction industry by the role of the quantity surveyors.
1.6 SIGNIFICANCE OF THE STUDY
A lot of things can be found to be significant from the study for instance the cause of conflict and way of approaching or avoiding them. The study could not been more significant at any other period than now that conflict is eating deep into this noble sector of the economy.
This study will be timely to save the massive infrastructural development/rehabilitation programme being undertaken in Nigeria for the country’s economic development programme for being characterized with dispute. It has however, been realized in recent times that rapid societal development in all facts of economic life including the building industry require other means of resolving dispute. Amongst people. Thus, study from the findings and recommendation should.
1.7 DEFINITIONS OF TERMS IN DISPUTE RESOLUTION TECHNIQUES AS FOLLOWS.
NEGOTIATION: The most common form of dispute resolution where the parties themselves attempt to resolve the dispute.
MEDIATION: A private and structured form of negotiation assisted by a third party that is initially non-binding. If settlement is reached it can become a legally binding contract.
CONCILIATION: As mediation, but a conciliator can propose a solution.
NEUTRAL EVALUATION: A private and non-binding technique whereby a third party, usually legally qualified gives an opinion on the likely outcome at trial as a basis for settlement discussion
EXPERT DETERMINATION: A private process involving an independent expert with inquisitorial power who gives a binding decision.
ADJUDICATION: An expert is instructed to rule on a technical issue primarily used in construction dispute as set out in the housing grants, construction and regeneration act 1990 where awards are building on the parties of least on a interim basis i.c until a further process is invoked.
ABITRATION: A formal, private and building where the dispute is resolved by the conducted of a nominated third party, the arbitrator or arbitrators.
LITIGATION: A formal process whereby claims are taken through the civil courts and conducted in public. The judgment are binding on parties subject to right of appeal.
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