FACTORS INFLUENCING USE OF ALTERNATIVE DISPUTE RESOLUTION IN CONSTRUCTION PROJECTS: CASE OF IMENTI NORTH SUB COUNTY, MERU COUNTY
Hiram Kirimi - Master of Arts in Project Planning and Management, University of Nairobi, Kenya
Dr. John Wanjohi - Department of Chemistry, University of Nairobi, Kenya
ABSTRACT
Regarded as a frequent occurrence, disputes in construction projects occasioned by substandard communication of impractical clients’ expectations, defective works and delays in architectural designs significantly contribute to adverse effects on project results. Despite these and the numerous demerits linked to litigation majority of clients, contractors and construction consultants in Kenya still opt for it as opposed to Alternative Dispute Resolution (ADR) approaches to resolve disputes in construction projects. The purpose of this study was to establish the factors influencing use of alternative dispute resolution in construction projects in Imenti North Sub-County, Meru County, Kenya. In particular it examined the influence of: lack of awareness, preservation of business relationships, cost minimization and communication and documentation issues on the use of ADR in construction projects disputes. The research was guided by two theories; Theory of Planned Behavior and Transaction Cost Economics Theory and will be support by the Stair-Step Model of Dispute Resolution. The research embraced use of descriptive survey research design. Target population is of 255 respondents. The sample size was of 45 (n=45), Contractors, 12 (n=12) Consultants (Architectures, Quantity Surveyors and Structural Engineers) and Construction Projects Clients 75 (n=75) that was singled out to take part in the investigation. Stratified sampling and Simple random sampling were made use of to pick the sampled subjects. Questionnaires were used to collect primary data in the study locale. Data was analyzed qualitatively and quantitatively by employing SPSS version 22.0, it was then presented in Frequency and Percentage tables and a multivariate regression model used. The study found that scarcity of knowledge on mediation does influence use of alternative dispute resolution in construction projects disputes. The study found that reduced adversarial attitudes and hostility between client, contractor, quantity surveyor and architecture influence use of alternative dispute resolution in construction projects disputes. The study also found that elimination of litigation costs influences use of alternative dispute resolution in construction projects disputes. The study also found that privacy of the proceedings influences use of alternative dispute resolution in construction projects disputes. The study concluded that preservation of business relationships had the greatest influence on use of alternative dispute resolution in construction projects in Imenti North, followed by costs minimization, followed by communication and documentation issues while lack of awareness had the least influence on the use of alternative dispute resolution in construction projects in Imenti North. The study recommended that there was need for high profile public promotional campaigns. The campaigns would need to be continuous since most users of ADR services tend to believe that they are one-off users who may never again have a significant land dispute. The study also recommends that supplies should be exhaustively elaborated and detailed in the contract conditions, designs and specifications i.e. nullify, if possible, opportunities for differing interpretations of the requirements of the documents.
