Avoiding construction disputes: a comprehensive framework for pre-contract planning

Abstract

Many industry disputes originate during the pre-contract stage, emphasizing the importance of preventing these issues early on rather than relying on post-facto resolutions. Therefore, professionals need to act proactively to avoid lapses in the pre-contract stage from the initial stage of the construction project. However, the current literature lacks an investigation of dispute avoidance by identifying professionals involved in the pre-contract phase of construction projects. This research, thus, aims to investigate the strategies to avoid disputes in construction projects in the pre-contract stage from the perspective of responsible professionals. The study adopted a qualitative approach by conducting semi-structured interviews among 15 industry practitioners involved in dispute management practices, selected through purposive sampling. The data collected was analyzed using the N-Vivo12. The findings revealed 48 lapses in the pre-contract stage and 104 strategies to avoid disputes. The findings further revealed that most of the lapses occurred during the technical stage. In contrast, the architects are responsible for design errors, and quantity surveyors contribute to documentation issues. The research offers a comprehensive framework for professionals and regulatory authorities to encourage dispute mitigation efforts, thereby contributing to the body of knowledge.