Abstract
Construction dispute resolution is a topical research area. These studies typically start from dispute identification and subject matter is the most commonly used approach. However, this approach does not take account of the contextual factors that may in fact the true causes. This prompts the diagnostic approach. This chapter gives an overview of these two approaches to identify construction disputes. In addition, a third approach that draws on the concepts of bounded rationality and opportunism is proposed. Minefields and manifestations of opportunism in construction contracting in relation to occurrence of construction disputes are also discussed. Accordingly, an anatomy of construction disputes is provided. It is suggested that construction disputes are mostly contractual but can also be speculative where people factor is a major trigger.
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