Browsing by Author "Edirisinghe, V"

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Open Access
THE APPLICABILITY OF REGULATIONS FOR THE DISPOSAL OF CONSTRUCTION AND DEMOLITION WASTE IN SRI LANKA
(researchgate.net, 2022-06-24) Edirisinghe, V; Dahanayake, R; Tissera, A. C; Warnakulasuriya, D
Effective and efficient waste management plans/systems are vital in reducing and maintaining the generation of construction and demolition waste. It was proved in previous research, proper rules and regulations affect the effectiveness of the waste management strategies used in disposing of construction and demolition waste. Therefore, this research aim is to identify the regulations applicable for the disposal of construction and demolition waste in Sri Lanka to propose improvements in the available rules and regulations. Comprehensive literature and document review were conducted to approach the aim of this research. Questionnaire surveys and expert interviews were carried out to validate the findings of the literature survey and to gather required data in identifying the issues related to current rules and regulations and proposing improvements. The findings revealed that many gaps can be identified with the current regulations used in the disposal of construction and demolition waste. The results of the research identified a lack of intention in government regarding recycling, avoiding improper landfilling, and avoiding illegal dumping of construction and demolition waste as major issues. The study finally concluded the necessity of modified rules and regulations regarding the disposal of construction and demolition waste.
Open Access
Attributes of ADR in the Sri Lankan Construction Industry
(SLIIT, Faculty of Engineering, 2022-09-22) Edirisinghe, V; Marsh, D; Borthwick, F; Siriwardena, M; Cotgrave, A
Alternative dispute resolution (ADR) methods were introduced to the construction industry to avoid the negative effects of litigation in relation to the cost, time, and business relationships of a construction project. This study focused on identifying the current ADR practices in the Sri Lankan construction industry and examined the specific attributes of each method to create a more effective process. A qualitative research strategy was carried out with interviews with industry professionals working in the Sri Lankan Construction Industry. Content analysis using NVivo software was used to analyse the data. The key findings revealed that the neutral third party has good knowledge of construction. Despite the differences in each ADR method, disputing parties do not have the confidence in the neutral third party or trust in the process. This study also revealed that the unavailability of these key attributes will finally affect the cost and reputation of the ADR methods. Therefore, the research suggests that to improve the ADR process and its success there should be awareness studies on ADR methods and training for ADR practitioners within the Sri Lankan Construction Industry.
Open Access
Challenging Arbitral Awards in the Construction Industry
(SLIIT, 2022-02-11) Jayasinghe, R; Dahanayake, R; Edirisinghe, V
One of the most common alternative dispute resolution methods used in the Sri Lankan construction industry is arbitration. However, challenging arbitration awards based on legal grounds at the courts has been a current trend by the disagreeing party. If this situation occurs continuously, the purpose of having arbitration as an alternative dispute resolution method can be abandoned. Therefore, the study aims to identify the causes where arbitration is challenged in multi-story building construction projects in Sri Lanka through a case study. The methodological choice was qualitative and used semistructured interviews from six arbitrators and 2 case studies that referred to courts to challenge arbitration awards as research strategies. The study found the poor attitude of parties, lack of technical knowledge, reliability, and capability of the arbitrator to act according to the arbitrary acts imposed by the government as the main causes. Further. The study recommends arbitrators consider the reasons to act well enough and reject the cases if the arbitration is likely to be challenged in courts, train arbitrators to be reliable and on technical knowledge, and improve parties' attitudes by educating on the arbitration procedure and its benefits.
Open Access
Negotiation as an ADR Technique in the Sri Lankan Construction Industry
(Sri Lanka Institute of Information Technology, 2023-03-25) Deshabhi, K.A.G; Edirisinghe, V; Dahanayaka, G; Siriwardana, M
The construction industry is complex, and disputes are common in this industry. One primary method used in dispute resolution in the Sri Lankan construction industry is negation. Negotiation is considered a cost and time-effective alternative dispute resolution method. However, the contracts formed based on Construction Industry Development Authority (CIDA) do not include negotiation as a dispute resolution (DR) method. Therefore, this study aims to find the reasons for the failures in dispute negotiation and develop a framework to improve dispute negotiation in the Sri Lankan construction industry. There were two methods applied in this research. Because to avoid being based on a limited set of construction industry-related disputes. Five interviews were conducted by construction industry professionals to organize the data collection through documentaries and selected construction industry professionals are one projects director, one Chartered quantity surveyor, one engineer, one project manager, and one quantity surveyor to cover management level, chief level, and senior level. Then 250 claims were collected relevant to design changes, payment-related issues, time-related issues, documentation, and work quality. Out of those five types of claims, the majority of payment and timerelated disputes were resolved unsuccessfully through negotiation. Reasons for those disputes to fail in resolving through negation are negotiation outcome do not have statutory powers, the attitude of disputing parties, lack of negotiation skills, lack of trust towards negotiation, and less documentary information. The study recommends CIDA improve negotiation practices in the Sri Lankan construction industry by providing proper training, including negotiation as a compulsory DR, provide awareness programs to the industry stakeholders on dispute negotiation and its benefits.