SLIIT International Conference on Engineering and Technology [SICET]

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SLIIT International Conference on Engineering and Technology is organized by the Faculty of Engineering. SICET welcomes submissions from various disciplines, focusing on emerging trends in Engineering, Technology, and Applied and Natural Sciences. The conference will encompass research in theory, practical applications, and education. This event offers a unique platform for academics, student researchers, and industry practitioners to present innovative ideas and engage with professionals from diverse engineering fields

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    PublicationOpen Access
    Appropriateness of Commercial Mediation as an Alternative Dispute Resolution Method for Subcontractor Disputes in Sri Lanka
    (Sri Lanka Institute of Information Technology, 2023-03-25) Hettiarachchi, D.D; Wijesinghe, T; Perera, B.K.C
    Disputes in relation to construction sub-contractors are undeniable and quite diversified in common dispute arena with the legal concerns arising out of Doctrine of Privity of Contracts. Continuation of these disputes can adversely affect the cost, quality, and time metrics in a construction project. The merits of commercial mediation as an alternative dispute resolution method, in this regards Sri Lankan construction industry were less explored. Thus, the aim of this research is to determine the appropriateness of commercial mediation as an alternative dispute resolution method for subcontractor disputes. To achieve this aim, a mixed research approach was adopted. Qualitative data was collected through semi structured expert interviews. Then through a questionnaire survey, quantitative data has been gathered. While qualitative data were analyzed through content analysis, quantitative data were analyzed through relative importance index and descriptive analysis based on central tendency dispersion. Initially, both common attributes of commercial mediation and subcontractor disputes in construction industry were listed out. Then, the inter-relationship between two factors were observed. According to the findings, bespoke and incomplete contracts, subcontractor unawareness and lack of knowledge about contract details, liability and responsibility issues, failure to respond in time, interface issues and lack of coordination were identified as the most significant attributes of subcontractor disputes. Further, it was proven that except the attribute ‘having freedom to accept or reject the solution’, all the other attributes of commercial mediation were applicable in resolving subcontractor disputes. Hence, the commercial mediation was determined as an appropriate alternative dispute resolution method in resolving subcontractor disputes in construction projects. All the limitations and necessary recommendations for further studies are presented at the end of the study.
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    PublicationOpen 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.