JUDICIAL EVALUATION MODEL AND RESOLUTION OF CONTRACTUAL DISPUTES IN CONSTRUCTION PROJECTS: THE CASE OF ROAD CONSTRUCTION PROJECTS IN KENYA
Abstract
This study examined the influence of Judicial Evaluation Model in resolving contractual disputes in road construction projects in Kenya. Specifically, the study addressed two research questions: What is the influence of civil litigation process, as a component of judicial evaluation model, on resolution of contractual disputes in road construction projects in Kenya? What is the influence of Alternative Dispute Resolution (ADR) mechanism, as a component of judicial evaluation model, on resolution of contractual disputes in road construction projects in Kenya? A correlation design was adopted. Descriptive statistics, mode, mean and standard deviation were used for the analysis of primary data collected from senior monitoring and evaluation staff of the contracting parties. Analysis of Variance and Regression models were deployed for inferential analysis. The study found that resolution of contractual disputes has strong positive correlation with ADR mechanism (r = 0.695, p = 0.01) and a weak negative correlation with civil litigation process (r = - 0.041, p = 0.01). The regression analysis showed that a unit increase in civil litigation process resulted into - 0.26 units increase (which is actually a decrease) in resolution of contractual disputes, while a unit increase in ADR mechanism yielded 0.510 units increase in resolution of contractual disputes. The study concluded that civil ligation process should be used as a last resort for resolving contractual disputes because it does not support consensus building between the parties and ADR mechanism is best suited for consensus building in resolution of contractual disputes. The study recommended a hierarchical use of ADR mechanism (Adjudication, Arbitration and Mediation) based on their influence on desired outcomes of dispute resolutions which are; speedy resolution of the disputes, minimum cost of resolving dispute, impartiality of the resolution process and enforceability of the resolution outcome.
Keywords: Judicial Evaluation Model, Litigation Process, ADR mechanism, Resolution of Contractual Disputes
CITATION: Okeyo, M. P., Rambo, C. M., & Nyonje, R. O. (2020). Judicial evaluation model and resolution of contractual disputes in construction projects: The case of road construction projects in Kenya. The Strategic Journal of Business & Change Management, 7(4), 527 – 540.
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Agapiou Andred (2011). UK Construction Participants’ experience of adjudication. Management Procurement and Law. Institute of Civil Engineers. 166 (1).
Agawal V and Owasonoye B (2001). Alternative Dispute Resolution Methods. Paper presented in UNITAR Sub-regional workshop. Geneva.
Ahmed M. Syed, Castillo Maurcio and Kappangantula Pragnya (2009). Construction Delay in Florida: An Empirical Study. Florida International University, Miami U SA
Alkin, M.A. & Christie, C. A. (2004). An evaluation theory tree. In M.C. Alkin (Ed), Evaluation roots: tracing theorist’s views and influences (12- 63). CA: Sage
Ayudhya N. I.B (2011). Common disputes related to public work projects in Thailand. Songklanakarin. Journal of Science and Technology. 33(5), 565 – 573
Crabbe, A. & Leroy, P. (2008) The handbook of environmental policy evaluation. London: Earthscan.
Dancaster C. (2008). Construction adjudication in United Kingdom: past, present, future. Journal of Professional Issues in Engineering Education and Practice 134(2): 204-208.
Dorin, H., Demmin, P. E., Gabel, D. (1990). Learning Theories and Integration Models. (3rd ed.). Englewood Cliffs, NJ: Prentice Hall, Inc
Elyamany, A.; Ismael, B; Zayed, T. (2007). Performance evaluating model for construction companies: Egyptian case study, Journal of Construction Engineering and Management 133(8): 574-581.
Enshassi, A.; Mohamed, S.; Abu Mustafa, Z.; Mayer, P.E (2007). Factors affecting labor productivity in building projects in the Gaza Strip, Journal of Civil Engineering and Management 13(4):245-254.
Eversheds (2005). Adjuducation Clent Brefing. Eversheds London. UK.
Faridi, A.; El-Sayegh S. (2006) Significant factors causing delay in the UAE construction industry. Construction Management and Economics. 24(11) 1167-1176.
Frimpong Y., Olowoye J. and Crawford L. (2003). Causes of delay and cost overruns in construction of ground water projects in developing countries: Ghana as a case study. International Journal of Management, 21(2003) 321-326
Ghada Moustafa G (2012). Effects of culture, risk and trust on selection of dispute resolution methods in international construction contracts. Ph.D. Thesis. Iowa State University.
Glenn A. Urquhart (2009), Resolving Construction Disputes – The alternative dispute resolution process. Singleton Urquhart, Georgia.
Gould N, King C, and Britton P (2010) Mediating Construction Disputes: An evaluation of existing practice. Kings College London. Center for Construction Law and Dispute Resolution, London, UK.
Iyer K.C.; Jha K.N. (2005) Factors affecting cost performance: evidence from Indian Construction PROJECTS. International Journal of Project Management 23: 283-295
Kennedy P (2006). Progress of statutory adjudication as a means of resolving disputes in construction in United Kingdom. Journal of Professional Issues in Engineering Education and Practice 134(2): 214-219.
Murali S. & Soon W.Y. (2006). Causes and Effects of Delay in Malaysian Construction Industry. International Journal of Project Management, 25(2007) 517-526
Nyonje R.O, Ndunge K.D, Mulwa S.A (2012). Monitoring and Evaluation of Projects and Programs: a Hand Book for Students and Practitioners. Aura Publishers. Nairobi, Kenya.
Okeyo Maurice Paul (2011). Effects of Contractual Delay in Completion of Sondu Miriu Hydeopower Project, Kisumu County. Master’s Thesis. University of Nairobi.
Okuwoga, A.A., (1998). Cost-time performance of public sector housing in Nigeria. Habitat Intl. 22(4): 389-395
Popham, W. J. & Carlson, D. (2013). Deep Dark Deficits of the Adversary Evaluation Model. Educational Researcher, 6 (6), 3-6.
Samson M. and Lema N.M(2005) Factors affecting cost performance. Evidence from Indian construction projects. International Journal of Project Management 23: 283-295
Thurston, P. (2008). Revitalizing Adversary Evaluation: Deep Dark Deficits or Muddled Mistaken Musings. Educational Researcher, 7 (7), 3- 8
Ugwu O.O and Haupt T.C (2007). Key performance indicators and assessment methods for infrastructure sustainability, Building and Environment 42: 665-680
Worthen, B. (2008). Program evaluation. In H. Walberg & G. Haertel (Eds.) The international encyclopedia of educational evaluation (42-47). Toronto, ON: Pergammon Press
DOI: http://dx.doi.org/10.61426/sjbcm.v7i4.1803
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