Welcome to the CDRRU!
The Construction Dispute Research Unit (CDRRU) was established in 2004 and has been actively engaged in researches related to dispute management, mediation and negotiation of construction disputes, organizational studies in particular on Trust and Culture.
- Teaching & Learning
- Research Activities
Our Research Activities
CDRRU Members
LLB, LLM, MBA, MSc, PhD
FHKIS, FRICS, MHKIE, RPE(Bldg), RPS(QS)
Email: cdrruhk@gmail.com
BSc, MPhil, MHKIS
BSc, MPhil
Miss Ada Wu Wai Yin
BSc, MPhil
Profile
Research Interests
Selected Publications
- Cheung S.O., Wong P.S.P. and Wu W.Y. (2011), "Towards an organizational culture framework in construction", International Journal of Project Management, 29(1), 33-44.
- Wu W.Y. Ada and Cheung S.O. (2006), "Organisational culture in construction", Proceedings of the International Conference on Construction and Real Estate Management (ICCREM 2006), Orlando, Florida, USA. pp. 95-101.
Miss Anne Qu Ying Ying
BSc, MPhil
Email: anne-1984@live.com
Profile
Research Interests
Selected Publications
- Qu, Y.Y. and Cheung, S.O. (2010), "Multi-objective decision making model for construction dispute mediation", Proceedings of the CIB World Congress 2010, 10th - 14th May 2010. Salford, UK, 1277, 247.
LLB, LLM, MBA, MSc, PhD
FHKIS, FRICS, MHKIE, RPE(Bldg), RPS(QS)
Email: cdrruhk@gmail.com
Profile
Research Interests
Selected Publications
- Cheung, S.O., Wong, W.K., Yiu, T.W. and Pang, H.Y. (2011), "Developing a trust inventory for construction contracting", International Journal of Project Management 29 (2), 184-196.
- Cheung S.O., Wong S.P. and Wu W.Y. Ada (2011), "Developing an organizational culture framework in construction", The International Journal of Project Management, Vol. 29(1): 33-44.
- Cheung S. O. (2010), "The construction mediation landscape in the Civil Justice System in Hong Kong", Special Issue on Mediation in EAC, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, ASCE, Vol. 2(3): 169-174
- Cheung S.O., Yiu T.W., Leung Y.T. and Chiu O.K. (2008) "Catastrophic transition of construction contracting behaviour", Journal of Construction Engineering and Management, ASCE Vol. 134(2): 942- 952
- Cheung S.O. and Yiu T.W. (2006) "Are construction disputes inevitable?" IEEE Transactions on Engineering Management. Vol. 53(3): 456-470.
Miss Karen Pang Hoi Yan
BSc, MPhil
Email: karen-pang@hotmail.com
Profile
Research Interests
Selected Publications
- Cheung, S.O., Wong, W.K., Yiu, T.W. and Pang, H.Y. (2011), "Developing a trust inventory for construction contracting", International Journal of Project Management 29 (2), 184-196.
- Cheung, S.O., Pang, H.Y. and Chan, H.Y. (2011), "Development of construction organizational culture framework", ISEC-6, Zurich.
- Cheung, S.O., Pang, H.Y., Tam, S.Y. and Chan, H.Y. (2010), "Identity as a manifestation of organisational culture", RICS, COBRA 2010, Paris.
- Pang, H.Y. and Cheung, S.O. (2010), "An anatomy of speculative claims in construction", Ghafoori, N. (ed), Challenges, Opportunities and Solutions in Structural Engineering and Construction, 665-670.
- Wong, W.K., Cheung, S.O., Yiu, T.W. and Pang, H.Y. (2008), "A framework for trust in construction contracting" International Journal of Project Management 26 (8), 821-829.
Dr. Kenneth Yiu Tak Wing
BSc, PhD, MRICS
Email: yiutakwing@gmail.com
Profile
Research Interests
Selected Publications
- Yiu T.W. and Lee H.K. (2011), "How do personality traits affect dispute negotiation of construction engineering management? A study of Big Five Personality Model", Journal of Construction Engineering and Management, ASCE, 137(3), 169-178.
- Yiu T.W., Keung C.W. and Wong K.L. (2011), "Application of equity sensitivity theory to the problem-solving approaches in Construction Dispute Negotiation", Journal of Management in Engineering, ASCE, 27(1), 40-47.
- Cheung S.O., Yiu T.W. and Chan H.W. (2010), "Exploring the potential for predicting project dispute resolution satisfaction using logistic regression", Journal of Construction Engineering and Management, ASCE, 136(5), 508-517.
- Yiu T.W. and Lai W.Y. (2009), "The efficacy of trust-building tactics in construction mediation", Journal of Construction Engineering and Management, ASCE, 135(8), 683-689.
- Yiu T.W., Cheung S.O. and Chow P.T. (2008), "Logistic regression modeling of construction negotiation outcomes", IEEE Transactions on Engineering Management, 55(3), 468-478.
Dr. Peter Wong Shek Pui
BSc, MPhil, PhD, MRICS
Email: peterspwong@gmail.com
Profile
Research Interests
Selected Publications
- Cheung S.O., Wong P.S.P. and Wu W.Y.A (2011), "Towards an organizational culture framework in construction", The International Journal of Project Management, 29(1) 33-44.
- Wong P.S.P., Cheung S.O. and Wu R.T.H. (2010), "Learning from project monitoring feedback: A case of optimizing behavior of contractors", The International Journal of Project Management, 28(5), 469-481.
- Wong P.S.P., Cheung S.O. and Fan J.K.L. (2009), "Examining the relationship between organizational learning styles and project performance: A structural equation modeling approach", Journal of Construction Engineering and Management, ASCE, 135(6), 497-507.
- Wong P.S.P., Cheung S.O. and Leung M.K.Y. (2008), "The moderating effect of organizational learning type on performance improvement", Journal of Management in Engineering, ASCE, 24(3), 162-172.
- Wong P.S.P. and Cheung S.O. (2008), "An analysis of the relationship between learning behaviour and performance improvement of the contracting organizations", The International Journal of Project Management, 26(2), 112-123.
Dr. Ronnie Chow Pui Ting
BSc, PhD
Email: ronnie.chow.pt@hotmail.com
Profile
Research Interests
Selected Publications
- Cheung, S.O. and Chow, P.T., "Withdrawal in construction project dispute negotiation", Journal of Construction Engineering and Management, ASCE, In Press.
- Cheung, S.O., Chow, P.T. and Cheng, W.C., "Construction project dispute negotiation: A conflict-trust mapping framework", International Journal of Project Organisation and Management, (In Press)
- Cheung, S.O., Chow, P.T. and Yiu, T.W. (2009), "Contingent use of negotiator tactics in construction dispute negotiation", Journal of Construction Engineering and Management, ASCE, 135(6), 466-476.
- Yiu, T.W., Cheung, S.O. and Chow, P.T. (2008), "Logistic regression modeling of construction negotiation outcomes", IEEE Transactions on Engineering Management, 55(3), 468-478.
- Chow, P.T. and Cheung, S.O. (2010), "Pathology of mediation failure", Proceedings of the CIB World Congress 2010, Salford U.K., 10th - 14th May 2010, pp. 247. Paper ID: 1277.
Miss Vicky Wong Wei Kei
BSc, MPhil, MHKIS
Profile
Research Interests
Selected Publications
- Cheung, S.O., Wong, W.K., Yiu, T.W. and Pang, H.Y. (2011), "Developing a trust inventory for construction contracting", International Journal of Project Management 29 (2), 184-196.
- Wong, W.K., Cheung, S.O., Yiu, T.W. and Pang, H.Y. (2008), "A framework for trust in construction contracting", International Journal of Project Management 26 (8), 821-829
- Cheung, S.O., Wong, W.K., Yiu, T.K. and Kwok, T.W. (2008), "Exploring the influence of contract governance on construction dispute negotiation", Journal of Professional Issues in Engineering Education and Practice, 134(4), 391-398.
- Wong W.K. and Cheung S.O. (2006), "Trust and its Delineation in Construction", Proceedings of the International Conference on Construction and Real Estate Management (ICCREM 2006), Orlando, Florida, USA. pp. 145-150.
InspireLab is an interactive system created for construction participants, researchers and students for learning about the construction contract (in CCIS), mediation procedure and causation of construction dispute (in online research studies), and teaching a mean for the measurement of building works (in teaching and learning package).
Online Studies
Construction Contract Information Service (CCIS)
Construction Contract Information Service (CCIS)
Project Title: A Web-based Construction Contract Information System (CityU TDG project no. 8710207)
Abstract:
As project managers, professional cost engineers have to perform contract administration.
A web-based construction contract information services (CCIS) was developed with the aim to
enhance their contract knowledge. The CCIS was developed based upon S. Mishra's online learning
model, and includes a database for construction contracts, reference standard contract documents,
contractual scenarios, and abstracts of construction cases. When faced with a contractual problem,
a contract administrator can search for the relevant contract clauses and reference contractual
documents through the Internet. Similarly, through reading the contractual scenarios and decided
cases in Hong Kong, the contractual implications can be better understood. Where necessary, advice
from professional offices can be obtained through the hyperlinks established. The contents of the
CCIS are construction specific and the development concept can be extended to other subject areas
so that an integrated learning platform can be established for construction studies.
Further details of the CCIS can be found from the following publication:
Cheung S.O., Franco K.T. Cheung, Daisy K.L. Yeung & S.P. Wong (2005) "Enhancing
Contract Knowledge of Cost Engineers through the Web", Cost Engineering, AACEI, Vol. 47(3):
24-33.
Online Studies
Mediation Simulation System:
Investigators: Qu YingYing and Cheung Sai On
The web-based mediation system is developed to assist negotiators and mediator to achieve "win-win" settlement. The system includes 3 processes: reality test, preference identification and logrolling, and provides a series of user-friendly strategies, which involves (1) when to concede, (2) on which issue, (3) for which party, and (4) how much should be conceded
Webpage: http://www.cdrru.org/mediation/
Dispute Likelihood Evaluation System:
Investigators: Pang Hoi Yan and Cheung Sai On
Disputes may cause project delays, lead to claims, require costly proceedings for its resolution. Prevention is better than cure. Therefore, it is advisable to manage dispute proactively and facilitate early settlement. In this connection, dispute prevention can be enhanced through better understanding of the components of construction dispute and their occurrence likelihood. This study employs a Fault-Tree framework to conceptualize construction disputes. This conceptualization enables the identification of critical components of construction disputes together with the assessment of their occurrence likelihood; disputes thus can be better managed.
Webpage: http://www.cdrru.org/likelihood/
Teaching & Learning Packages
Project Title: A Web-based Multi-media Self-learning Programme for Measurement of Building Works (CityU TDG project no. 6000113)
Abstract:
Construction projects are of high-value and long production period. With ever increasing complexity, capital investments involving substantial
monetary value demands a fair and transparent contract award system. Bills of Quantities have been used for more than a century as a control
document that enables tender evaluation, valuation of interim payment and variations as well as project final account preparation. Measurement
of works is one of the fundamental skills for the completion of Bills of Quantities and thus a critical part of curriculum for construction studies.
Feedback from students suggested that the major barrier to command measurement skill is the inability to relate drawings with real objects.
The primary learning outcome of a measurement subject is the ability to measure building works in accordance with the Standard Methods of Measurement (SMM).
The web-based self-learning package for Measurement of Building Works maximizes the learning impact derived from visual display enabled by advanced multi-media technology.
Project Title: A Web-based Self-learning Programme for Measurement of Building Services Work (CityU QEF no. 6980032)
Abstract:
The advance in multi-media technology offers new delivery opportunities for traditionally conducted courses. Measurement of building Services work is one of those.
Measurement of building services work involves the applications of standard rules to non-standard system designs. This requires good knowledge in the principles of
measurement rules as well as well developed skills in mastering variations of same. The main hurdle that students need to overcome is to visualise the information on
the drawings. Therefore, the use of visual illustrations such as video and photos will greatly improve the learning outcome and Multi-media techniques can place a
significant role to assist in the visualisation process. Once this is achieved, the remaining task is to use text to describe the information. Furthermore,
the accessibility of the Internet facilitates a learning environment that allows students to acquire the skill in measurement at a pace suited to their level of proficiency.
In addition, Practice opportunities are no longer confined to the scheduled teacher-student contact hours. The web-based self-learning programme covers the basic principles
together with illustrations, worked examples and assessment exercises.
Further details of the package can be found in the following publication:
Cheung S.O., Wong S.P., Kam Raymond & Patrick Wong (2007) "A User Oriented Web-based multimedia programme for measuring building services engineering works"
, The International Journal of Engineering Education, Vol. 23(5): 1038-1049.
24-33.
Our recent research projects focus on 1) trust 2) Construction disputes (i.e. argument in construction) and 3) culture in construction (i.e. friendly, responsible or selfish)
Recent Research Projects
- Trust Building in Construction: Evidence, Bases and Measures
- An Investigation on the Relationships between Organizational Culture and Performance of Construction Organizations
- Investigating the Effects of Negotiation-efficacy on the Choice of Tactics and Performance in Construction Dispute Negotiation
- A Comparative Study on the Use of ADR in Resolving Construction Dispute
- A Phase Transition Model of Withdrawal in Construction Dispute Negotiation
- Analyzing Construction Contract Disputes - A Fault Tree Methodology
- A Cusp Catastrophe Analysis of Contracting Behavior
Project: A Phase Transition Model of Withdrawal in Construction Dispute Negotiation
Synopsis:
Resolving construction disputes through negotiation remains the most efficient
method as formal proceedings like arbitration and litigation consume
exorbitant resources. Even alternative dispute resolution techniques are
largely negotiation assisted a neural person. However, negotiation has little
prospect of success if the disputants do not have the desire to continue - a
situation described as withdrawal in this study. Previous research suggests
that attitude-based decisions, like withdrawal, often display a sudden phase-
transition commonly known as a catastrophic jump. Underpinned by the well-
established catastrophe theory, this project aims to study withdrawal, firstly by
qualitatively analyzing negotiation cases for the identification of behaviors that
characterize withdrawal and its triggering factors. Using these, experiments
will be designed to collect data for an impact analysis, in order to confirm the
significance of withdrawal.
Publication(s):
- Cheung S.O. and Chow P.T., "Withdrawal in construction dispute negotiation", Journal of Construction Engineering and Management, ASCE. (In Press)
- Chow P.T., Cheung S.O. and Chiang M.S. (2008), "Consequences of withdrawal in construction dispute negotiation", Proceedings of the EASEC-11, Taipei November 2008.
- Chow P.T., Cheung S.O. and Chiang M.S. (2008), "Withdrawal signals in construction dispute negotiation", Proceedings of the CIB W112 International Conference on "Securing High Performance through cultural awareness and dispute avoidance, Shanghai 21-23 November 2008.
Project: Investigating the Effects of Negotiation-efficacy on the Choice of Tactics and Performance in Construction Dispute Negotiation
Synopsis:
Negotiation has long been recognized as the most cost-effective way to
achieve consensual dispute resolution in the construction industry.
Underpinned by the well- established self-efficacy theory, the proposed
project aims to study this operation in construction dispute negotiation and to
examine the effects of negotiation-efficacy (i.e., negotiator confidence in
choosing tactics to produce desired outcomes) on the choice of tactics and
performance. To achieve this aim, three major research components will be
designed. A negotiation-efficacy construct (NEC) will first be developed and
validated to measure negotiation-efficacy with respect to specific tactics.
Using this construct, experimental simulations or questionnaire survey will be
designed to collect data to test how negotiation-efficacy is related to the
choice of tactics and performance.
Publication(s):
- Yiu T.W. and Cheung S.O., "Behavioral studies of project dispute negotiation in engineering and construction: A visit to Bandura's Self-efficacy Theory", The Journal of Legal Affair and Dispute Resolution in Engineering and Construction, ASCE. (In Press)
- Yiu T.W., Cheung S.O. and Siu L.Y., "Application of Bandura's Self-efficacy Theory to examining the choice of tactics in construction dispute negotiation", The Journal of Construction Engineering and Management, ASCE. (In Press)
Project: A Comparative Study on the Use of ADR in Resolving Construction Dispute
Synopsis:
The construction industry has been infamous for being dispute prone. While
Courtroom is conventionally accepted as the place for justice, many are
dissatisfied with the extensive time and exorbitant cost involved. In his 2007-
2008 Policy Address, the Chief Executive of the HKSAR pledged to develop
mediation services in Hong Kong. This project seeks to examine if mediation
is effective in dealing with construction disputes. A comparative study of the
ways to address these disputes in other jurisdictions will firstly be conducted.
Further research studies will also be proposed to harness the policy driven
mediation movement in Hong Kong. The research team consists of experts in
this field from Hong Kong U.K. and Singapore. Due to the nature of the study,
desktop analysis complemented by the input of project team as well as focus
group comprising representatives from the legal and construction
professionals shall be the main research vehicles.
Publication(s):
- Cheung S.O. (2010), "The construction mediation landscape in the Civil Justice System in Hong Kong", Special Issue on Mediation in EAC, Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, ASCE, Vol. 2(3): 169-174.
- Chow P.T. and Cheung S.O. (2010), "Pathology of mediation failure", CIB World Congress, May 2010, Salford, Manchester, U.K.
- Qu Y.Y. and Cheung S.O. (2010), "Multiple objective method to mediation service", CIB World Congress, May 2010, Salford, Manchester, U.K.
- Cheung S.O., Wong S.P. and Kennedy P. (2009), "A comparative study on the use of ADR to resolve construction dispute", Proceedings of the ISEC-05, University of Navada, Las Vegas September, pp. 763-768.
Project: Trust Building in Construction: Evidence, Bases and Measures
Synopsis:
Several major industry reviews have suggested that a more cooperative
approach in construction contracting will improve the efficiency of the industry.
Cooperation is underpinned by trust, which is central to every
transaction/economic exchange that demands contributions from the parties
involved. In construction, some great success stories have been reported
from time to time on how trusting relationships assisted in avoiding disputes.
However, skepticism over genuine cooperation and doubt over the
attainability of trust prevail in the construction community. There is an obvious
gap between the desired and the prevalent level of trust in construction. The
proposed study aims to bridge this gap by suggesting ways to build inter-
organizational trust within the construction supply chain. To accomplish this
aim, five operating objectives are proposed: obtain empirical evidence of
trusting relationships in construction; conceptualize trust in construction;
empirically test the conceptualization; identify effective trust-building
measures; and share the findings with the construction community.
Publication(s):
- Cheung S.O., Chow P.T. and Cheng W.C., "Construction project dispute negotiation: A conflict-trust mapping framework", The International Journal of Project Organization and Management. (In Press)
- Cheung S.O., Chow P.T. and Or C.S (2011), "Antecedents of trust in super- subordinate dyad in the construction industry", Proceedings of the International Structural Engineering and Conference, ETH Zurich, 21-26 June 2011.
Project: An Investigation on the Relationships between Organizational Culture and Performance of Construction Organizations
Synopsis:
The construction industry has been criticized for being inefficient. There are many
causes attributing to this; inter alia, confrontational contracting behavior, a
lack of innovation, and indifference to research and development efforts are
some notable causes. To be more progressive, some form of cultural change
is needed. In fact, organizational culture has been identified as one of the
essential factors that affect efficiency and productivity. This proposal aims to
investigate and test this proposition. The project has four main objectives: i)
development of a construction-based organizational culture inventory; ii)
development of an organizational culture-performance relationship model; iii)
development of recommendations for corporate development strategies
through the transformation of culture; and iv) sharing with the construction
community the findings.
Publication(s):
- Cheung S.O., Wong S.P. and Wu W.Y. Ada (2011), "Developing an organizational culture framework in construction", The International Journal of Project Management, Vol. 29(1): 33-44.
- Cheung S.O., Pang H.Y. and Chan H.Y. (2011), "Development of construction culture framework", Proceedings of the International Structural Engineering and Conference, ETH Zurich, 21-26 June 2011
- Cheung S.O., Pang H.Y., Tam S.Y. and Chan H.Y. (2010), "Identity as a manifestation of organisational culture", 2-3 September 2010 RICS COBRA conference Paris.
Project: Analyzing Construction Contract Disputes - A Fault Tree Methodology
Synopsis:
The complexity of the contractual web and the resulting contract disputes
make the industry infamous for being litigious. The proliferation of construction
contract disputes has indeed caused concern at a ministerial level in the Hong
Kong Government. Several industry-wide reviews have therefore pointed to
the need for cogent dispute management. Despite its topicality construction
contract disputes (CCD) are seldom defined. This project aims to capitalize on
the wealth of knowledge in this area and further our understanding by
developing a conceptual framework to describe CCD, employing the well-
established Fault Tree methodology. The Fault Tree methodology employs a
'top-down' or 'backward' approach to finding the causes of an undesired result.
Treating a CCD as a system failure, a fault tree framework helps in organizing
the contributors to a failure in a structure that depicts hierarchical order and
logical links.
Publication(s):
- Pang H.Y. and Cheung S.O. (2009), "An anatomy of speculative claims in construction", Proceedings of the ISEC-05, University of Navada, Las Vegas September, pp. 665-670.
Project: A Cusp Catastrophe Analysis of Contracting Behavior
Synopsis:
In terms of approach to contracting, despite a paradigm shift from
confrontation to cooperation has been advocated in almost every industry
review report, contracting behavior remains largely adversarial. The last
decade evidenced tremendous interest in advancing this paradigm shift. This
is reflected by the voluminous publications on case studies, success factors
and legal analyses of cooperative contracting. While these have been
instrumental in arousing the general awareness of the issue, there is a need
to better understanding the fundamentals. This study aims to develop a
contracting behavior model framed within the well-developed cusp
catastrophe model. In this regard, contracting behavior is dependent on two
drivers in dichotomy; cooperation and aggression. Sudden change in behavior
can be expected should one driver intensify to a threshold. Cusp catastrophe
model also predicts that to return to the previous state of behavior, a
significant reduction in the magnitude of the activating drivers is needed. This
suggests that once a contracting party chooses to adopt a confrontational
attitude, great efforts are needed to install cooperation. Accordingly,
successful completion of the project shall illustrate the cogency of proactive
project management of prevention is better than cure.
Publication(s):
- Cheung S.O., Yiu T.W. and Chui O. K. (2009) "The aggressive-cooperative drivers of construction contracting", The International Journal of Project Management, 27:727-735.
- Cheung S.O., Yiu T.W., Yee Tak Leung and Chiu O.K. (2008) "Catastrophic transition of construction contracting behaviour", Journal of Construction Engineering and Management, ASCE Vol. 134(2): 942-952.
Construction Contracting
Construction contracting behaviours are the critical factors contributing to project success. Various procurement options have been designed to satisfy the needs of clients. The traditional approach is no longer common in construction. Procurement strategies assist decision maker to select appropriate procurement. Besides, understanding of contracting behaviour help to manage a construction project because it very much depends on the attitude of the people involved.
- The aggressive-cooperative drivers of construction contracting
- Catastrophic transitions of construction contracting behavior
- Behavioral transition: A framework for the construction conflict - tension relationship
- How relational are construction contracts?
- A catastrophe model of construction conflict behavior
- Effective partnering tools in construction: A case study on MTRC TKE contract 604 in Hong Kong
- Behavioural aspects of construction Partnering
- An analytical hierarchy process based procurement selection method
- Improving objectivity in procurement selection
Project: The aggressive-cooperative drivers of construction contracting
Author(s): Cheung S.O., Yiu T.W. and Chiu O.K.
Date: 2009
Source: International Journal of Project Management 27 (7), pp. 727-735
Abstract:
Construction contracting parties can take either a cooperative or aggressive stance in
pursuing their goals. This paper aims at identifying the stimuli (known as drivers) that motivate
cooperative or aggressive moves in construction contracting behavior (CCB). In this regard, a
three-stage research work has been designed for the completion of the research objective.
Based on literature reviews, aggressive and cooperative drivers were identified in the first
stage. A questionnaire was designed to collect construction case-specific data on these
drivers. Next, taxonomies of aggressive and cooperative drivers were developed by the use of
principal component factor analyses (PCFA). A total of three and seven taxonomies for
aggressive and cooperative drivers were identified respectively. These taxonomies enable the
understanding of aggressive-cooperative nature of CCB in a more amenable and logical
manner. With these taxonomies, factor scales were calculated to represent the relative
importance of the respective taxonomies. The degree of significance of each factor scales
was then evaluated in the third stage. The results showed that the most important cooperative
taxonomy is 'openness of contracting parties', while the most important aggressive taxonomy
is 'goal oriented'. The findings also suggest that construction projects may not be inherently
adversarial. Contract with equitable risk allocation and open discussion of problems would
provide the platform for team building so that relationship among contracting parties can be
maintained.
Project: Catastrophic transitions of construction contracting behavior
Author(s): Cheung S.O., Yiu T.W., Leung A.Y.T. and Chiu, O.K.
Date: 2008
Source: Journal of Construction Engineering and Management 134 (12), pp. 942-952
Abstract:
The ways to manage a construction project very much depend on the attitude of the people
involved. Collectively this is identified as construction contracting behavior (CCB). The CCB of
the construction industry is adversarial as pinpointed in many industry-wide reviews. A more
cooperative project delivery approach has therefore been advocated. In fact, drive for
efficiency provides the incentive for cooperation. Nevertheless, members of a project team, in
representing their respective organizations, are often in conflict. The dichotomous pair of
cooperation and aggression forces therefore co-exist. It is not uncommon to note that CCB
turns aggressive as the construction activities of a project intensify. This change is often
sudden and thus matches well with the phenomenon of hysteresis described by the
catastrophe theory (CT). It is hypothesized that the dynamics of CCB can be modeled by CT.
The three-variable CT models include CCB (as dependent variable), cooperation forces (as
normal factor) and aggression forces (as splitting factor). With data collected from a survey
fitted by the Cuspfit program, it was found that trust intensity is an effective normal factor.
Contract incompleteness and competitive inertia are splitting factors that trigger aggression.
Project: Behavioral transition: A framework for the construction conflict - tension relationship
Author(s): Yiu T.W. and Cheung S.O.
Date: 2007
Source: IEEE Transactions on Engineering Management 54 (3), pp. 498-505
Abstract:
Conflicts are inevitable in construction projects. One of the reasons is that all construction
projects involve complex human interactions. Previous studies have shown that behavioral
states can respond dynamically as the magnitude of a conflict increases. This has been
empirically demonstrated using a catastrophe-theory-based, three-variable system involving
the level of construction conflict, the level of tension, and the amount of behavioral flexibility.
This paper reports on a study that examines the application of moderated multiple regression
(MMR) to the three-variable system. It was found that not all MMR models display a
significant moderating effect. Two out of six MMR models were found to be significant in their
effect. These models affirm that the nature of the relationship between the degree of
uncertainty and adversarial attitudes (or mistrust level) varies, depending on the behavioral
flexibility of the parties.
Project: How relational are construction contracts?
Author(s): Cheung S.O., Yiu K.T.W. and Chim, P.S.
Date: 2006
Source: Journal of Professional Issues in Engineering Education and Practice 132 (1), pp. 48-56
Abstract:
The construction industry has relied on formal contracts to define and enforce the obligations
and rights of contracting parties. Legal scholars have suggested that, based on their
transaction characteristics, there are three different forms of contracts: classical, neoclassical,
and relational. Of these, which form is more appropriate for use in construction projects? With
increasing awareness of the importance of teamwork in construction, there is clear evidence
of a rising trend in adopting a partnering approach to construction project delivery. For
projects that seek to achieve a partnering relationship, relational contracts that value
relationships, trust, and communication appear to be the appropriate form of contract. This
paper discusses the application of relational contracts in construction by examining the
fundamental question "How relational are construction contracts?" The degree of
relationalism is assessed using a relational index comprising eight factors: cooperation,
organizational culture, risk, trust, good faith, flexibility, the use of alternative dispute resolution,
and contract duration. It was found that in the traditional design-bid-build form of delivery, the
main contract and domestic subcontract forms are more relational than those of the
nominated subcontract and the direct labor contract.
Project: A catastrophe model of construction conflict behavior
Author(s): Yiu K.T.W. and Cheung S.O.
Date: 2006
Source: Building and Environment 41 (4), pp. 438-447
Abstract:
Buildings are part of the built environment in which many activities are performed. One of the
critical part of a development process is the physical construction of the proposed facility. As
such an efficient construction process is invaluable. Moreover, due to the inherent divergence
in interest, conflict among the contracting parties appears inevitable. Escalating conflict level
may turn into psychological struggles between the contracting parties and manifests as
dispute. The unfortunate outcomes are loss of productivity and increase in cost of
construction. This paper describes the dynamic change in construction conflict behavior
based on the catastrophe theory. How conflict behavior is affected by conflict level is first
discussed. As such a catastrophe model of construction conflict behavior with tension level,
behavioral flexibility as control variables is proposed. It is suggested that conflict is positively
correlated to the tension level among the project team and subject to the moderating effect of
the behavioral flexibility displayed by the project team members. The model suggests a
sudden jump in conflict level will occur when tension reaches a threshold. Once this happens
the conflict level will not subside even the tension level returns to the threshold just reached.
The proposed model was tested by an empirical study that affirms: (1) The appropriateness of
the use of tension and behavioral flexibility as control variables; (2) catastrophe model is a
better fit to describe construction conflict behavior than the linear and logistic model; and (3)
the bimodal nature of construction conflict behavior. The model reinforces the conventional
wisdom of 'prevention is better than cure' as far as construction conflict resolution is
concerned.
Project: Effective partnering tools in construction: A case study on MTRC TKE contract 604 in Hong Kong
Author(s): Bayliss R., Cheung S.O., Suen H.C.H. and Wong S.P.
Date: 2004
Source: International Journal of Project Management 22 (3), pp. 253-263
Abstract:
The use of a partnering approach to deliver construction projects seeks to avoid the
confrontational setting where energy is used in a non-productive manner. Partnering calls for
concerted effort from the project participants and aligns their often different and conflicting
objectives. Reported partnering success stories are mostly descriptive. This paper reports a
case study of a successful partnering venture in Hong Kong. The case study provides
valuable information on how partnering was implemented by MTR Corporation Ltd., one of the
pioneers in introducing partnering in the Hong Kong construction industry. Through interviews
with the key contract participants and data collected throughout the contract period, the
effective partnering tools were identified. It was found that the monthly partnering review
meetings and the use of incentivisation underpinned the partnering success on the Tseung
Kwan O Extension Contract 604.
Project: Behavioural Aspects of Construction Partnering
Author(s): Cheung S.O., Ng S.T., Wong S.P. and Suen Henry
Date: 2003
Source: International Journal of Project Management, 21 (5), pp. 333-343
Abstract:
Lack of cooperation has been identified as one of the major causes of inefficiency in the
construction industry. Industry-wide studies have suggested the use of partnering as a way to
promote co-operative contracting. This paper examines the behavioral aspect of the
participants in construction partnering. In particular, the criticality of trust as a success factor
for partnering is discussed. The main sources of mistrust in construction, including
incompetence, failure of integrity and unworthy information are also identified. Data obtained
from a case study on a major railway project in Hong Kong is used to illustrate the impact of
the behavioral aspect. The case study also suggests that the tools used to implement
partnering have positive effects on building trust by suppressing the sources of identified
mistrust.
Project: An Analytical Hierarchy Process based procurement selection method
Author(s): Cheung S.O., Ip T.I., Leung M. Y. and Wan Y.W.
Date: 2001
Source: Construction Management and Economics, 19 (4), pp. 427-437
Abstract:
Procurement selection continues to be topical, and several advanced studies have been
reported. One of the key concerns of procurement selection is how to enhance objectivity. A
selection method developed using multi-attribute utility technology (MAUT) and the analytical
hierarchy process (AHP) is proposed. With the input of industrial experts, critical procurement
selection criteria and procurement strategies commonly used in Hong Kong were identified.
Against these criteria, utility factors corresponding to various procurement strategies were
then assigned by the experts to create a utility factor table. To cater for individual project
characteristics, the relative importance weightings of the selection criteria were assessed
using the analytical hierarchy process. Final selection was then based on the highest utility
value derived from the procurement strategies, taking into account the relative importance of
the selection criteria. The use of the model is illustrated with actual data.
Project: Improving objectivity in procurement selection
Author(s): Cheung S.O., Lam T.I, Wan Y.W. and Lam K.C
Date: 2001
Source: Journal of Management in Engineering, ASCE, 17 (3), pp. 132-139
Abstract:
Selecting a procurement strategy for construction projects is inherently subjective. The
decision is often intuitively based on the previous experience and knowledge of the decision
maker. An objective-subjective procurement selection method is proposed. The method takes
into account the need to have an objective base for strategy comparison through the use of
multi-attribute utility technology. Allowing the decision maker to assign importance ratings for
the selection criteria also accommodates individual preferences and project specificities. The
analytical hierarchical process based importance ratings assignment method improves both
the objectivity and the reliability of the assessment. Applications in real cases suggest positive
potential use of the method.
Dispute Management
Dispute is inevitable in construction projects. Dispute causation was identified and used to determine the dispute likelihood in construction projects. In addition, a successful dispute settlement is directly associated with resolution process selection and resolution process. Factors affecting resolution satisfaction was then investigated.
- Are construction disputes inevitable?
- Convergent views of neutrals and users about alternative dispute resolution
- Mapping dispute resolution mechanism with construction contract types
- A multi-attribute utility model for dispute resolution strategy selection
- Mandatory use of ADR in construction - A fundamental change from voluntary participation
- Fundamentals of alternative dispute resolution processes in construction
- Critical factors affecting the use of alternative dispute resolution processes in construction
- Exploring the potential for predicting project dispute resolution satisfaction using logistic regression
- Factors affecting clients' project dispute resolution satisfaction in Hong Kong
- Project dispute resolution satisfaction classification through neural network
Project: Are construction disputes inevitable?
Author(s): Cheung S.O. and Yiu T.W.
Date: 2006
Source: IEEE Transactions on Engineering Management 53 (3), pp. 456-470
Abstract:
Many construction projects are of long-duration and high value and foreseeing and planning
for every eventuality may be impossible. Engineers and managers are expected to solve
problems surfacing during the execution stage. Moreover, problems blended with conflict are
damaging and manifest as disputes. The authors suggested that construction dispute can be
conceptualized as having three basic components: contract provisions, triggering events and
conflict. This conceptualization fits nicely with fault tree (FT) framework that is used to
evaluate system failures. Furthermore, through the use of a hypothetical case, a fuzzy FT
model was employed to analyze the likelihood of construction dispute. This research
suggested that complex project delivered in the traditional design then build approach,
construction dispute are bound to appear.
Project: Convergent views of neutrals and users about alternative dispute resolution
Author(s): Cheung S.O., Suen H.C.H., Ng S.T. and Leung M.Y.
Date: 2004
Source: Journal of Management in Engineering, ASCE 20 (3), pp. 88-96
Abstract:
The success or failure of alternative dispute resolution (ADR) depends heavily on effective
implementation, which in turn is founded on a good understanding of the principles and
features of ADR. This paper reports a study on the features of ADR based on interviews with
practitioners who have experience with using ADR in construction projects with a contract
sum in excess of $HK10 million. The interviews were conducted with 20 accredited
mediators/arbitrators of the Hong Kong International Arbitration Center (representing the
neutrals) and 42 construction practitioners (representing the users). A total of 19 key features,
identified and categorized in four categories - nature, neutral, settlement, and benefits - were
prioritized according to their relative importance by using the analytical hierarchy process
(AHP). The inconsistency ratio of the AHP helped ensure the reliability of the ranking scores
mathematically. Six of the top eight features as ranked by the neutrals and the users are
common to both groups. These are preservation of business relationship, enforceability,
neutrality, cost to obtain, speed to obtain, and fairness. These suggest that the neutrals and
users have similar expectations from ADR processes. The ranking also assists ADR process
designers to focus on the fundamentals and avoid overly complicated processes.
Project: Mapping dispute resolution mechanism with construction contract types
Author(s): Cheung S.O.
Date: 2002
Source: Cost Engineering (Morgantown, West Virginia) 44 (8), pp. 21-29
Abstract:
Planning for dispute resolution is an integral part of construction contract planning. This article
describes a framework to select a dispute resolution mechanism for use in different types of
construction contracts. Employing the contract system classification suggested by I.R.
Macneil, the relationship between contract systems and dispute resolution mechanisms is
established. The transaction characteristic approach suggested by O.E. Williamson is used to
map construction contracts into contract systems. The integration of contract systems,
transaction characteristics, and dispute resolution mechanisms provides a framework to
select a dispute resolution mechanism for use in construction contracts displaying transaction
characteristics of varying degrees. The use of the framework is illustrated by an empirical
study on four types of construction contracts.
Project: A multi-attribute utility model for dispute resolution strategy selection
Author(s): Cheung S.O. and Suen H.C.H.
Date: 2002
Source: Construction Management and Economics 20 (7), pp. 557-568
Abstract:
Disputes are inevitable in construction projects. Skills in dispute resolution should be part of
the toolkit of any practitioner in a managerial position. Dispute resolution procedures such as
litigation, arbitration, mediation, dispute adviser and negotiation are widely practiced.
However, frequently the question is how to systematically determine which dispute resolution
strategy to adopt given the nature of disputes. Even though the topic of dispute resolution has
been widely discussed and heavily researched, few studies have been conducted with
respect to this question. A decision-making model has been developed using the analytical
hierarchy process (AHP) and multi-attribute utility technique (MAUT). The model comprises
four parts: selection criteria, dispute resolution strategies, collection of utility factors and
selection criteria weightings. These were developed from empirical data collected through an
interview survey with selected experts in the field. The model is designed to identify in a
systematic manner an appropriate dispute resolution strategy for a given dispute, rather than
relying on subjective decisions. The model is tested using a hypothetical scenario in which
three case studies are evaluated.
Project: Mandatory use of ADR in construction - A fundamental change from voluntary participation
Author(s): Cheung S.O.
Date: 2006
Source: Journal of Professional Issues in Engineering Education and Practice, ASCE 132 (3), art. no. 013603QPI, pp. 224
Abstract:
Presents an overview on the articles relating to the mandatory use of alternative dispute
resolution techniques in the construction industry. Forms of dispute resolution; Main objective
of the 2004 Singapore Building and Construction Industry Security of Payment act;
Components of the suggested system for controlling cost of dispute resolution.
Project: Fundamentals of alternative dispute resolution processes in construction
Author(s): Cheung S.O., Suen H.C.H. and Lam T.I.
Date: 2002
Source: Journal of Construction Engineering and Management, ASCE 128 (5), pp. 409-417
Abstract:
With the surge of increasingly complex and fast-track construction projects, disputes are
inevitable. Skills in dispute resolution should be part of the tool kit of any practitioner in a
managerial position. The perceived shortcomings of litigation and arbitration, with their
concomitant rise in costs, delays, and adversarial relationships, have encouraged the rapid
growth of alternative dispute-resolution processes, namely, conciliation, mediation,
adjudication, and other hybrid processes that have been widely used and well received by the
Hong Kong construction industry. For example, mediation is now an integral part of most
conditions of contracts published by the government of the Hong Kong Special Administration
Region. However, the last decade evidenced the incorporation of increasingly complex
dispute-resolution clauses in construction contracts, typically involving several alternative
dispute resolution (ADR) techniques and arbitration arranged in sequential tiers. These
dispute-resolution procedures render the supposedly more economic and speedy ADR
process ineffective. In this study, a hierarchical model is developed to organize attributes of
ADR processes. This presentation fits with the use of analytical hierarchy process
methodology by a panel of experts to prioritize ADR process attributes. The top-ranked
attributes identified as critical include, among others, preservation of relationships,
enforceability, neutrality, and consensus. The experts also suggested means to establish
these attributes. By focusing on these critical attributes, the dispute-resolution process can be
kept simple and effective.
Project: Critical factors affecting the use of alternative dispute resolution processes in construction
Author(s): Cheung S.O.
Date: 1999
Source: International Journal of Project Management 17 (3), pp. 189-194
Abstract:
The use of Alternative Dispute Resolution (ADR) techniques in construction have gained
great momentum in the public sector during recent years in Hong Kong. The Hong Kong
Government has initiated the inclusion of ADR methods as an integral part of the dispute
resolution procedure in the standard forms of contracts for use in Government projects.
However, the use of ADR in the private sector has not been apparent, probably due to lack of
experience and knowledge. This paper discusses the philosophies behind ADR and reports
on an evaluative study on the critical attributes of ADR techniques. Two evaluation methods,
scale rating and percentage rating, were employed to establish attribute importance rankings
through soliciting views from practitioners with ADR experience. The attributes were then
grouped into factors as extracted from Factor Analysis. The rankings of the factors so
obtained from the two evaluative methods match well. The study reveals that users of dispute
resolution processes are pragmatic and consider obtaining benefits as the most critical factor
affecting the use of ADR in the construction industry in Hong Kong. Such benefits include cost
minimisation and relationship preservation. It is also suggested that if ADR is to sustain its
growth in use, these processes must facilitate a speedy resolution.
Project: Exploring the potential for predicting project dispute resolution satisfaction using logistic regression
Author(s): Cheung S.O., Yiu T.W. and Chan H.W.
Date: 2010
Source: Journal of Construction Engineering and Management, ASCE 136 (5), pp. 508-517
Abstract:
The success of a construction project depends on the coordinated efforts of project team
members. This is especially crucial when a project is in dispute and hence the achievement of
satisfactory project dispute resolution is critical to project success. This proposition has been
empirically demonstrated a previous research that studied project dispute resolution
satisfaction (DRS) using multivariate discriminant analysis (MDA). This paper reports on a
study that builds on that research, with the specific aim of predicting project DRS through the
use of logistic regression (LR). In this study, a LR model of project DRS (Model 1) is
developed, and then compared with the MDA model. The findings suggest that the LR
technique provides a higher hit rate and thus a higher proportion of correct classification. With
the wider acceptance of the use of alternative dispute resolution (ADR) methods, the effect,
on the LR model, of changing the demarcation between adverse and favorable project DRS is
also examined. For this examination, another LR model (Model 2) was developed. It is
believed that Model 2 may reflect the prevailing sentiment that ADR is viewed as an amicable
way to resolve disputes. Both the MDA model and LR models (Model 1 and Model 2)
indicated that "design changes" are the root cause of adverse project DRS. Within the scope
of the project data, these findings suggest that design changes are not just disruptive to
project progress but also a critical cause of construction disputes.
Project: Factors affecting clients' project dispute resolution satisfaction in Hong Kong
Author(s): Cheung S.O., Tam C.M., Ndekugri I. and Harris F.C.
Date: 2000
Source: Construction Management and Economics 18 (3), pp. 281-294
Abstract:
The use of project dispute resolution satisfaction (DRS) as a project success measurement
responds to the increasing concern over the spread of the dispute epidemic within the
construction industry in Hong Kong. The DRS of a project is considered as favourable where
disputes are resolved within the site level. With the use of 48 project data sets and the
technique of multivariate discriminant analysis, a discriminant model function was derived to
classify projects into favourable DRS and adverse DRS. The multivariate discriminant
analysis model function identified eight discriminating variables, among which the degree of
design changes offered the highest separation power. The reliability of the discrminating
variables was reinforced by a separate relative importance index study. Through the use of
principal component factor analysis, these variables were grouped into three factors
generically described as substantive influence, facilitation and indirect influence.
Project: Project Dispute Resolution Satisfaction classification through neural network
Author(s): Cheung S.O., Tam C.M. and Harris F.C.
Date: 2000
Source: Journal of Management in Engineering 16 (1), pp. 70-79
Abstract:
This paper presents an artificial neural network technique of analysis in determining the
important factors affecting the outcome of construction dispute resolution processes in Hong
Kong. Projects were classified as Favorable or Adverse in terms of Dispute Resolution
Satisfaction in accordance with conventional professional practice for deciding on which
disputes get resolved. The necessary historical project data sets were collected through
structured interview and questionnaire surveys to provide the training details for the building
of a Multi-Layer Perceptron artificial neural network. The preliminary analyses conducted
indicated that resolution outcome depends on a combination of factors, namely, environment-,
organization-, project-, and process-specific. The refinements to the network were achieved
through reduction of the numbers of variables and processing elements. Verification of the
`Best' network was achieved through the running of a batch function for stabilization. The
optimal network so produced was applied to unseen data and achieved a 100% correct
testing result for adverse DRS projects. The optimal network also identified design changes
as the most critical factor, indicating that projects with a high degree of design changes were
more likely to result in dispute requiring the service of alternative dispute resolution
techniques or formalized proceedings.
Mediation
Mediation is a form of assisted negotiation where a mediator plays a pivotal role in facilitating settlement. Therefore, mediator tactics and mediation outcomes have been studied extensively. Categorization on mediator tactics is the first step to analyze mediation so as to predict mediation outcomes.
- The construction mediation landscape in the Civil Justice System in Hong Kong
- Toward a typology of construction mediator tactics
- A study of construction mediator tactics-Part I: Taxonomies of dispute sources, mediator tactics and mediation outcomes
- A study of construction mediator tactics-Part II: The contingent use of tactics
- Logistic likelihood analysis of mediation outcomes
Project: The Construction Mediation Landscape in the Civil Justice System in Hong Kong
Author(s): Cheung S.O.
Date: 2010
Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, ASCE, 2 (3), pp. 169-174
Abstract:
Alternative dispute resolution techniques as means to speedily and economically resolve
certain types of disputes have been well recognized. In this regard, some jurisdictions have
opted to use mandatory adjudication to deal with construction, in particular payment-related
disputes. The situation in Hong Kong is a bit different. The Government of the Hong Kong
Special Administrative Region aspires to make Hong Kong a hub for arbitration and mediation
services for the region. Voluntary mediation has been introduced in the civil procedures rules
of the High Court as part of the newly launched Civil Justice Reform. Adverse cost order is
used to discourage "refusal to mediate" and "failing to attempt to mediate." While the new
measures that came into effect on April 2, 2009, sound sensible, a better picture on the actual
impacts will unfold as more cases reach the Court. Nonetheless, the cost sanction may be
able to make the voluntary use of mediation less voluntary.
Project: Toward a typology of construction mediator tactics
Author(s): Yiu T.W., Cheung S.O. and Cheung C.H.
Date: 2007
Source: Building and Environment 42 (6), pp. 2344-2359
Abstract:
The use of assisted negotiation plays a pivotal role in dispute settlement. Mediation is a
notable example and has gained popularity because of the cost and time advantages. In a
mediation, the tactics used by the mediator can be decisive. Construction has been described
as a litigious industry and despite the vast numbers of mediation conducted, research on
mediator tactics remains few. This paper reports a study directed at developing a typology of
tactics used in construction mediation. Mediator tactics and mediation outcomes were firstly
long listed from review of literatures. Data on the usefulness of tactics used and the outcome
achieved were solicited from practicing mediator. Exploratory Factor Analysis (EFA) and
Cluster Analysis (CA) were then used to identify the group structures. The grouping is further
confirmed by a structural equation modeling (SEM) and provides a convenient platform for
further research in construction mediation. The potential applications of the typology include
effectiveness of construction mediator, behavior and strategic choice of tactics. Furthermore,
with a typology of construction mediator tactics, the application can also be extended to study
the responses of disputants respective to mediator tactics. It is believed that these
applications are of both academic and practical value to the development of construction
mediation
Project: A study of construction mediator tactics-Part I: Taxonomies of dispute sources, mediator tactics and mediation outcomes
Author(s): Cheung S.O. and Yiu K.T.W.
Date: 2007
Source: Building and Environment 42 (2), pp. 752-761
Abstract:
Constructed facilities are a major component of the built environment. Nevertheless,
construction is of long-duration, high value and dispute-prone. As such, dispute is a regular
feature in construction and consumes resources that would otherwise be used in a more
productive manner. The use of mediation has been regarded as a flexible, cost-effective, and
non-threatening way to dispute resolution. Reported studies on construction mediation have
been instrumental in bringing out key success factors and the advantages over other
adversarial resolution processes. Moreover, mediation is a form of assisted negotiation;
hence the skill of a mediator shall have pivotal effect on the mediation outcome. In fact, the
appropriate use of tactics by a mediator shall have deciding effect on the chance of success.
Notwithstanding, the implication on tactics in relation to the nature of dispute cannot be
discarded. In these contexts, a study that examines the inter-relationships among dispute
sources, mediator tactics and mediation outcome was conducted in Hong Kong. The study is
broadly divided into two parts. Part (I) deals with the development of taxonomies of
construction dispute sources, mediator tactics and outcomes, employing the technique of
Principal Component of Factor Analysis (PCFA). A total of eight, nine and four taxonomies for
dispute sources, mediator tactics and outcomes were identified, respectively. Based on these
results, Part (II) of the study examined the contingent use of mediator tactics in the contexts
of dispute sources and mediation outcomes.
Project: A study of construction mediator tactics-Part II: The contingent use of tactics
Author(s): Yiu K.T.W. and Cheung S.O.
Date: 2007
Source: Building and Environment 42 (2), pp. 762-769
Abstract:
Mediation is a dynamic process. A mediator facilitates a settlement through the appropriate
use of tactics that adapt and respond to the situational factors as the mediation progresses.
This is described as the contingent use of tactics and is one of the prerequisites for mediation
success. Having a better understanding of this contingent use of tactics is crucial to the
practicing construction mediators as well as researchers. In the first of the companion papers,
principal component factor analyses were employed to develop taxonomies for the three
mediation dimensions; dispute sources, mediator tactics and mediation outcomes. Part II of
the companion papers presents a study on the contingent use of mediator tactics in relation to
the dispute sources and mediation outcomes. To achieve this objective, factor scales for the
three mediation dimensions were first derived. Moderated multiple regressions (MMR) was
then performed on these factor scales to detect the contingent effect of tactics on outcomes
respective to the dispute sources. By examining the changes in the R2 values of the
moderated regression equations, the effectiveness of tactics in bringing about the desired
outcomes were investigated. The tactics of Trust Building and Reality Test were found to be
the most versatile tactics. These reaffirm the industry belief that disputes are in fact problems
that can be solved if pragmatic and sensible approaches are taken instead of the entrenched
confrontational attitude. More significantly, the exercise of such approaches can only be
possible in a trusting environment. These findings also add strength to the current endeavors
in co-operative contracting as in partnering and strategic alliances.
Project: Logistic likelihood analysis of mediation outcomes
Author(s): Yiu T.W., Cheung S.O. and Mok F.M.
Date: 2006
Source: Journal of Construction Engineering and Management, ASCE 132 (10), pp. 1026-1036
Abstract:
Dispute persists in all building and construction projects. Alternative dispute resolution
methods are now commonly used as a means to resolve construction disputes. Mediation,
inter alia, is the popular choice in Hong Kong due to its cost-saving, flexible, speedy,
confidential, and voluntary attributes. In mediation, tactics used by a mediator is central in
driving desired outcomes. This paper reports a study that employs logistic regression (LR) to
predict mediation outcomes respective to the tactics used. To achieve this, three main stages
of work are involved. First, taxonomies of mediator tactics and mediation outcomes were
developed. With these, the second stage included the development of logistic regression
models each with a mediation outcome taxonomy as dependent variables and the taxonomies
of tactics as independent variables. In the third stage of the study, the LR models were
validated using an independent set of testing data. The LR models suggested that "win-win
settlement," "progress," "improvement," and "time advantage" are responsive to mediator
tactics of "ice-breaking," "trust building," "encourage for self-improve," and "process control,"
respectively. In addition, it is observed that these relationships are positively correlated.
Negotiation
Construction dispute negotiation studies typically assume free negotiation. It is believed that contract governance would influence negotiating behaviours. A negotiation online system was established to provide a systematic and structured approach in construction negotiation. Besides, negotiating tactics and outcomes directly correlates with negotiating styles.
- Exploring the influence of contract governance on construction dispute negotiation
- Construction negotiation online
- Withdrawal in construction dispute negotiation
- Application of Bandura's Self-efficacy Theory to examining the choice of tactics in construction dispute negotiation
- Construction project dispute negotiation: A conflict-trust mapping framework
- Contingent use of negotiator tactics in construction dispute negotiation
- Logistic regression modeling of construction negotiation outcomes
- A study of styles and outcomes in construction dispute negotiation
Project: Exploring the influence of contract governance on construction dispute negotiation
Author(s): Cheung S.O., Wong W.K., Yiu T.W. and Kwok T.W.
Date: 2008
Source: Journal of Professional Issues in Engineering Education and Practice 134 (4), pp. 391-398
Abstract:
The obligations and rights of the contracting parties are typically set out in the conditions of
contract. The attempt to have a "water-proof" contract that caters to all eventualities has
turned contracts into management manuals with detailed contractual procedures to deal with,
inter alia, performance, changes, payment, approval, and dispute resolution. Contract
disputes, therefore, have to be negotiated within the ambits of the contracts. This study
revisits the assumption of free negotiation that underpins most conventional negotiation
studies, i.e., negotiation is free with rational negotiators who can walk away from the
negotiating table at will. Constraints imposed by a contract are collectively described as
contract governance. With taxonomies developed through principal component factor
analyses for contract governance (CG) and negotiating behaviors (NH), the influence of CG
and NH is explored by a Pearson correlation analysis. In general, it was found that dominating
and obliging behaviors are mostly influenced by CG while compromising behavior is the least
influenced.
Project: Construction negotiation online
Author(s): Cheung S.O., Yiu K.T.W. and Suen, H.
Date: 2004
Source: Journal of Construction Engineering and Management 130 (6), pp. 844-852
Abstract:
Disputes are common in construction projects and negotiating disputes are part of the daily
routine of project managers and contract administrators. The recent wave of information
technology (IT) has a tremendous impact on the way businesses function. The construction
industry is also undergoing major structural changes due to the effects of IT. This paper
discusses the application of IT in construction dispute negotiation. Making use of the current
IT technology, a computerized construction dispute negotiation program namely CoNegO
(construction negotiation online) is proposed. CoNegO utilizes the SmartSettle software
technology. With the built-in facilities of SmartSettle, it is possible to conduct negotiations
online, hence removing geographical barriers between negotiators. SmartSettle was
developed based on the concept of "Even Swaps" in which negotiators are required to
evaluate possible options available on the basis of their relative importance. As construction
disputes are characterized by multiple factors and dimensions, the problem fits nicely with the
"trade-off" methodology that underpins Even Swaps. The use of CoNegO is illustrated by a
simulated negotiation.
Project: Withdrawal in construction dispute negotiation
Author(s): Cheung, S.O., Chow, P.T.
Source: The Journal of Construction Engineering and Management, ASCE. (In Press)
Abstract:
A negotiation is doomed if a negotiator loses the desire to continue with the discussion and it is described as
withdrawal (WA). Construction project disputes are content specific with resolution options governed by the
contract, thus fitting neatly with the rationality framework. Nevertheless, failure in construction project
dispute negotiation (CPDN) is not uncommon. The prospect of having a successful negotiation is hampered
when behavioural factors creep in. This study aims to uncover the underlying factors affecting WA in CPDN
from a behavioural perspective. The behavioural tradition of negotiation study identifies three behavioural
primers: motivation (task vs. relation), cognition (emotion vs. rationality) and personality (competition vs.
cooperation). With these, a relationship framework between WA and the three behavioural primers is
proposed. With data collected from construction professionals in Hong Kong, the relationship framework is
subjected to a confirmatory analysis by structural equation modelling (SEM). Emotion under the cognitive
domain is found to be the most critical contributor to WA in CPDN. This finding reinforces the fact that
negotiators should be good at the technical aspects of the dispute subject matter as well as being emotionally
stable
Project: Application of Bandura's Self-efficacy Theory to examining the choice of tactics in construction dispute negotiation
Author(s): Yiu, T.W., Cheung, S.O. Siu, L. Y.
Source: The Journal of Construction Engineering and Management, ASCE (In Press)
Abstract:
The appropriate use of tactics can have a significant effect on dispute negotiation. This study
aimed to investigate the confidence of negotiators in their own ability to successfully use
tactics to achieve desired outcomes - a concept defined as "negotiation-efficacy" that
underpins Bandura's self-efficacy theory. A questionnaire survey was used to measure the
frequency of and confidence with which negotiators used negotiating tactics, and the
achievement of negotiation outcomes. With the collected data, confidence indices were
created to reflect the strength of negotiation-efficacy for each negotiating tactic. Relationships
of negotiation-efficacy and the achievement of negotiation outcomes were then examined by
multiple regression analyses. The findings show that the strength of negotiation-efficacy is
significantly related to the achievement of certain negotiation outcomes. In general, for
negotiators who have negotiation-efficacy in executing distributive (integrative) tactics,
negative (positive) negotiation outcomes are likely. One of the key implications of these
findings is that the study of negotiation-efficacy can serve as a test of reality to prevent
negotiators from under- or overestimating the entire negotiation situation, and, most
importantly, to increase the prospect of negotiation success.
Project: Construction project dispute negotiation: A conflict-trust mapping framework
Author(s): Cheung S.O., Chow P.T. and Cheng W.C.
Source: The International Journal of Project Organization and Management. (In Press)
Abstract:
Trust between negotiating parties has been identified to have a positive impact in achieving
negotiated settlements. This study aims to test this proposition in the context of construction
project dispute. To achieve this, bases of trust and conflict types are identified through
literature review on the respective subjects. As a result, three trust bases: cognition,
behaviour and affect are listed. Two major conflict types; C-Type and A-Type conflicts are
translated into five construction project dispute scenarios. With these, five conflict-trust
relationship frameworks are developed. With data collected from Hong Kong construction
professionals, these frameworks are confirmed by structural equation modelling (SEM). Data
sufficiency for SEM is augmented by bootstrapping analysis. Affect-based trust is found to be
the most versatile while cognition-based trust is the least instrumental. Despite construction project disputes are content specific, the human aspect during negotiation cannot be under-
estimated. It is also found that robust contract governance puts parties on a legality-trusting
platform. The main message from this study is that negotiated settlements are more likely if
the negotiating parties can establish common ground through effective information exchange
- a situation where trust would prove to be instrumental.
Project: Contingent use of negotiator tactics in construction dispute negotiation
Author(s): Cheung S.O., Chow P.T. and Yiu T.W.
Date: 2009
Source: The Journal of Construction Engineering and Management, ASCE, 135 (6), pp. 466-476
Abstract:
In the course of negotiation, negotiators' tactics should be responsive to the situational factors.
This is commonly described as the contingent use of negotiators' tactics. This study examines
this concept in construction dispute negotiation and has three stages of work. Stage 1
develops taxonomies of the three construction dispute negotiation dimensions: dispute
sources, negotiators' tactics, and negotiation outcomes by exploratory factor analysis. A
structural equation modeling is also used to confirm the taxonomies. Stage 2 examines the
contingent use of negotiators' tactics on outcomes respective to the dispute sources through
the use of moderated multiple regression (MMR). Stage 3 discusses the findings. The dispute
source, "Delay" is found to be a universal moderator in the MMR analysis of the tactic-
outcome relationships. That means when the dispute source is delay, a wide range of
negotiators' tactics can be used, respective to outcome intended. It is also found that the most
versatile tactics are those that seek progress. This group of tactics is effective in almost every
group of dispute source and, in general, positive results can be expected. However,
aggressive and assertive tactics should be used restrictively, as they will only be useful
against a compromising negotiation counterpart.
Project: Logistic regression modeling of construction negotiation outcomes
Author(s): Yiu T.W., Cheung S.O. and Chow, P.T.
Date: 2008
Source: IEEE Transactions on Engineering Management 55 (3), pp. 468-478
Abstract:
Construction disputes are always negotiated before other resolution methods are considered.
When it comes to negotiation, the tactics used by a negotiator is central in deriving desired
outcomes. This paper reports a research that employs logistic regression (LR) to predict the
probabilistic relationship between negotiator tactics and negotiation outcomes. To achieve
this, three main stages of work were involved. Negotiator tactics and negotiation outcomes
were first identified from literature. Then, four LR prediction models with negotiation outcomes
as the dependent variable and negotiator tactics as the independent variables were
constructed. Finally, these models were validated with an independent set of testing data. These models collectively suggested that: 1) increasing time pressure, taking threats, or
subjecting the opponent to reality testing are inductive to "deterioration" negotiation outcomes;
2) providing various options and increasing flexibility would achieve "substantial improvement"
in negotiation; 3) relationships between parties could be maintained by fair play; and 4)
focusing on information exchange, giving mid discussion summaries, and offering
counterproposal could clarify a party's position. Despite the skepticism over frank and open
discussion of the issues and the existence of game plan, the findings of this research do
support some well-established negotiation principles-focus on the issue and play down
behavioral factors.
Project: A study of styles and outcomes in construction dispute negotiation
Author(s): Cheung S.O., Yiu T.W.Y. and Yeung, S.F.
Date: 2006
Source: Journal of Construction Engineering and Management, ASCE 132 (8), pp. 805-814
Abstract:
The adversarial nature of the construction industry contributes to the germination and
manifestation of construction disputes. Negotiation between the disputants is most often the
first attempt in getting disputes resolved. During negotiation, personality characteristics of the
disputants affect their behavior and thus the outcomes. Understanding the negotiating
behaviors and negotiation outcomes is therefore of both academic and practical value. This
paper reports such a study conducted with construction professionals in Hong Kong. The
Rahim Organizational Conflict Inventory-II was used to measure the negotiating styles of
construction professionals. Taxonomies of negotiation outcomes were developed through a
principal component factor analysis. Three functional and four dysfunctional negotiation
outcomes were identified. Based on these results, the relationships between the negotiating
styles and negotiation outcomes were examined by the use of the multiple regression
analyses. The findings suggested that the use of obliging, dominating, and avoiding styles are
less influential in achieving functional negotiation outcomes. However, integrating negotiating
styles is found to be useful to achieve functional outcomes and the use of comprising styles is
a practical approach in resolving dispute. These findings are therefore supportive of the
notion of the contingent use of negotiating styles.
Organizational Culture
Organizational culture is the manifestation of the basic assumptions, beliefs and behaviors shared by the members of an organization. It generally explains the working rules of an organization because it addresses the shared values and belief, hypothesizes the working guide, and shapes the managerial style and organizational behavior. Understanding organizational culture starts from the development of an organizational culture framework.
Project: Towards an organizational culture framework in construction
Author(s): Cheung S.O., Wong P.S.P. and Wu A.W.Y.
Date: 2011
Source: International Journal of Project Management 29 (1), pp. 33-44
Abstract:
Organizational culture gives identity to an organization. Notwithstanding the individuality
of the staff members, their actions are collectively bound by the organizational culture.
A review of the literature in this topic reveals that despite a number of organizational
culture models have been developed, these are mainly for generic business settings and
there has yet one developed for construction contracting organizations. This paper reports
a study for this purpose conducted in Hong Kong. Firstly, artifacts of organizational culture
were long-listed through a literature review. Construction professionals working for developers,
consultant offices and contractors assessed the appropriateness of using these artifacts to identify
organizational culture in construction. Through a principal component factor analysis, these artifacts
are arranged into a seven-factor organizational culture framework. The seven factors are 'Goal settings
and accomplishment', 'Team orientation', 'Coordination and integration', 'Performance emphasis',
'Innovation orientation', 'Members' participation' and 'Reward orientation'. The findings of the study
suggest that the construction contracting organizations in Hong Kong favor culture of clear goals with
stability. They are less externally focused with a relatively lower emphasis on innovation. These findings
suggest construction maintains a local industry mentality.
Organizational Learning
Organizational learning is the process of applying the imbibed knowledge for improvement. It is suggested that effectuating learning styles are critical for attaining continuous project performance improvement.
- Learning from project monitoring feedback: A case of optimizing behavior of contractors
- Examining the relationship between organizational learning styles and project performance
- An analysis of the relationship between learning behaviour and performance improvement of contracting organizations
- Moderating effect of organizational learning type on performance improvement
- Embodying learning effect in performance prediction
Project: Learning from project monitoring feedback: A case of optimizing behavior of contractors
Author(s): Wong P.S.P., Cheung S.O. and Wu R.T.H.
Date: 2010
Source: International Journal of Project Management 28 (5), pp. 469-481
Abstract:
Monitoring is an essential part of construction project management and has typically been
devised to guard against non-compliance. When contractors are subjected to regular
performance feedback, instead of just taking remedial action, they may take the opportunities
to enhance their operations in the light of the feedback. Thus, it has been advocated that
responding to performance feedback has a learning element. This study takes on this notion
and examined the performance change pattern of contractors that have been subjected to
regular performance feedback. The findings suggested that the contractors in the sample can
be arranged in four clusters: Competent Learners, Incidental Learners, Indifferent Learners
and Optimizers. The majority of them fall into the optimizing cluster. This suggests that these
contractors may adjust their resources to maintain their performance at an acceptable level
which do not deprive their future opportunities. With due caveat to the constraints and
limitations of working sample, this finding is thought provoking for project managers in
exercising project monitoring.
Project: Examining the relationship between organizational learning styles and project performance
Author(s): Wong P.S.P., Cheung S.O. and Fan K.L.
Date: 2009
Source: Journal of Construction Engineering and Management, Vol. 135 (6), pp. 497-507
Abstract:
A review of literature on organizational learning suggested that organizations mainly exhibit
three types of learning styles: single-loop learning (SLL), double-loop learning (DLL), and
deutero learning (DeuL). SLL refers to the detection and correction of errors without adjusting
one's underpinning assumptions about performance requirements. DLL refers to improvement
actions which are undertaken in response to the change of one's underpinning assumptions.
DeuL refers to the establishment of a system which propels continuous learning. It has been
advocated that effectuating these learning styles are critical for attaining continuous project
performance improvement. This paper reports a study that aimed to examine the relationship
between organizational learning styles and performance improvement in construction projects.
It was found that the attainment of project performance improvement was positively related to
the practice of DLL. Further, DeuL was found essential for facilitating the practice of SLL and
DLL.
Project: An analysis of the relationship between learning behaviour and performance improvement of contracting organizations
Author(s): Wong P.S.P. and Cheung S.O.
Date: 2008
Source: International Journal of Project Management 26 (2), pp. 112-123
Abstract:
Previous studies have rarely examined the link between contracting organizations' practice of
intra-organizational learning (intra-OL) and engagement in inter-organizational learning (inter-
OL). Thus, when the effect of intra-OL on performance improvement was investigated, the
role of inter-OL was not included in the equation. This paper reports a study that aims to test
empirically whether the effect of practicing intra-OL on performance improvement is
contingent on the contracting organizations' engagement in inter-OL. A conceptual model
which depicts the hypothesized relationships between practicing intra-OL, engagement in
inter-OL and performance improvement is presented. Data were obtained from a
questionnaire survey. To test the conceptual model, Pearson correlation analysis and multiple
moderated regression (MMR) analysis were employed. The results suggest that contracting
organizations' practice of intra-OL is symbiotic to their engagement to learn at inter-
organizational level. In particular, 'the development of Project Monitoring System' is identified
as the most versatile inter-OL attribute which energizes the effect of practicing single-loop and
double-loop learning on performance improvement. The findings in this study timely remind
the importance of providing useful feedback so as to vitalize OL and make performance
improvement sustainable.
Project: Moderating effect of organizational learning type on performance improvement
Author(s): Wong P.S.P., Cheung S.O. and Leung K.Y.
Date: 2008
Source: Journal of Management in Engineering 24 (3), pp. 162-172
Abstract:
It has been advocated that information available from a performance measurement system
(PMS) is an invaluable source of knowledge for contracting organizations. As such, it has
been suggested that performance improvement can be achieved if contracting organizations
can capitalize on the learning opportunities accorded from feedback derived from a PMS.
Literature on learning also suggests that organizations display three types of learning: (1)
single loop, double loop and Deutero. This paper reports a study that aims to (1) empirically
test the positive effect derived performance feedback on performance; and (2) identify the
extent to which the learning types have significant impact on performance improvement. The
findings suggested that there is a significant correlation between performance improvement
and feedback from a PMS. It was found that all three forms of organizational learning can
contribute to performance improvement and are not mutually exclusive. Nonetheless, double-
loop learning practices that addresses the root causes of underperformance were found to be
more versatile in facilitating improvement in efficiency and effectiveness.
Project: Embodying learning effect in performance prediction
Author(s): Wong P.S.P., Cheung S.O. and Hardcastle C.
Date: 2007
Source: Journal of Construction Engineering and Management 133 (6), pp. 474-482
Abstract:
Predicting performance of contractors is of interest to both academics and practitioners. The
physical execution of a project is critical to the overall success of the development. Having a
competent contractor that can deliver is most desirable. In this aspect, a significant number of
performance prediction models have been developed. Multiple regression and neural
networks are typically used as the analytical tools in these prediction models. This paper
reports a study that employs a learning curve approach to perform the prediction task. It is
suggested that this approach can accommodate the changes in performance as experience
accumulates. Thus a performance pattern is projected in addition to the project final outcome.
A two-step approach suggested by Everett and Farghal was adopted for this study. First, the
learning curve model that best represents a contractors' performance was explored using the
least-square curve fitting analysis. Second, prediction analysis was performed by comparing
the actual performance data with their respective prediction results obtained from
extrapolation on the selected learning curve. The three-parameter hyperbolic model was
found to provide the most reliable prediction on performance in this study.
Trust
Trust is the driver in fostering cooperation. A trust inventory helps to assess trust pattern and identify the weakness of trust building among contracting parties. Afterwards, trust is identified as the most critical factor to facilitate partnering success.
Project: Developing a trust inventory for construction contracting
Author(s): Cheung S.O., Wong W.K., Yiu T.W. and Pang H.Y.
Date: 2011
Source: International Journal of Project Management 29 (2), pp. 184-196
Abstract:
Trust is central to every transaction that demands contributions from the parties involved. In
construction, trust has been identified to be the key driver in fostering cooperation. By
operationalizing a trust framework that includes system-based, cognition-based and affect-
based trust, a trust inventory is proposed. The reliability and stability of the inventory were
then validated through the test-retest methodology. The proposed trust inventory can be used
to assess trust pattern. Supporting view on the appropriateness of the trust framework and
the potential uses of the trust inventory were obtained from a confirmatory qualitative study
with two senior construction professionals.
Project: A framework for trust in construction contracting
Author(s): Wong W.K., Cheung S.O., Yiu T.W. and Pang, H.Y.
Date: 2008
Source: International Journal of Project Management 26 (8), pp. 821-829
Abstract:
How trust establishes and sustains relationship has been widely studied in the fields of social
science, economics, business and management. It has been suggested that trust helps to
reinforce individuals' affirmative willingness, confidence, expectation, belief, behavior and to
overcome risk/uncertainty. However, trust building has been considered as impossibility due
to the divergent interests of the contracting parties. As such, implementing trust in
construction contracting has gained limited progress. This study aims to first conceptualize
trust in construction by categorizing trust types according to their development bases. Based
on a review on previous studies on trust, three major types of trust are identified; system-
based, cognition-based and affect-based. To enhance trust-building, these trust conceptions
were further reduced to trusting behaviors. In this respect, a trust framework in construction
contracting was developed and tested empirically by the technique of structural equation
modeling. The trust framework thus enhances our outstanding how trust building can be
practiced in construction contracting.
Partnering
Establishing trust among partner is considered as the most important factors that underpin partnering success. A better understanding of the role of trust and its manifestation in partnering efforts are therefore studied.
Project: Contractor as trust initiator in construction partnering - Prisoner's dilemma perspective
Author(s): Wong P.S.P., Cheung S.O. and Ho P.K.M.
Date: 2005
Source: Journal of Construction Engineering and Management 131 (10), pp. 1045-1053
Abstract:
Partnering has been advocated for use in construction as a project-delivery approach to curb
dispute and enable a cooperative contracting environment. Successful construction partnering
is perceived to derive benefits to both developers and contractors. In view of significant
implications to successful project delivery, there has been a surge of research and studies on
construction partnering. These studies typically focus on the partnering process as well as the
identification of critical success factors. Among the various success factors that underpin
partnering success, establishing trust among partners is considered the most important.
Moreover, skeptics have been swift to point out that establishing trust in construction is
daunting. A better understanding of the role of trust and its manifestation in partnering efforts
is therefore of both academic and practical value. In this study, motivating trust in construction
partnering is described within the classic framework of "the prisoner's dilemma," which
suggests the trust cycle can be kick-started if construction partners put cooperation before
competition and self-interest. This paper reports a study that is designed to suggest a suitable
candidate for the trust initiator. As such, the critical trust factors for two groups of construction
partners in Hong Kong - developers/consultants and contractors - are first identified. It is
found that "performance" and "permeability" of partners are the two most critical trust factors.
"Performance" describes the partner's competence and problem-solving ability as perceived
by their counterpart. "Permeability" reflects the partner's openness in sharing information. The
result of a multiple-regression analysis further suggests that the contractor is in a position to
initiate trust through competent performance and maintaining effective communication with
the client. In this manner, the trust cycle can expand with reciprocal trustworthiness from the
client.
Project: Structural equation model of trust and partnering success
Author(s): Wong P.S.P. and Cheung S.O.
Date: 2005
Source: Journal of Management in Engineering 21 (2), pp. 70-80
Abstract:
The establishment of trust has been identified as the most critical factor that facilitates
partnering success. As such, management should direct their efforts and energy to enhance
trust effectively and systematically. It is hypothesized that partners' trust level is positively
related to their performance, permeability, and relational bonding and can be system based.
This paper reports the use of the structural equation modeling technique to test this
hypothesis. Project-based data on partnering success and the relative importance of the four
trust factors were collected through a questionnaire survey, and the level of partnering
success was assessed by the achievement of the preset project targets. The findings of the
study support the hypothesized positive relationship between the partners' trust level and
partnering success. In addition, performance, permeability, and relational bonding were found
to make significant contributions toward parties' trust level.
Project: Trust in construction partnering: Views from parties of the partnering dance
Author(s): Wong P.S.P. and Cheung S.O.
Date: 2004
Source: International Journal of Project Management 22 (6), pp. 437-446
Abstract:
Previous researches in partnering have highlighted the importance of developing trust among
construction partners to facilitate project success. This paper seeks to investigate the relative
importance of the trust factors contributing to partnering success in Hong Kong. To compare
the views from parties of a partnering dance, data was collected from two groups of
respondents: Clients and Consultants and Contractors. From the results of the Clients and
Consultants group, 'System-based trust' is ranked as the most important trust factor among
others. This indicates that they rely strongly on satisfactory contract terms to enhance trust.
Despite 'System-based trust' is also ranked first in the Contractors group of results, its factor
score is found to be very close to its second important trust factor namely 'Partners'
Performance and Permeability'. This suggests that the contractors' trust level is more
sensitive towards a wider range of action/behaviour of their counter part than vice versa. The
reliability of the findings was augmented by a confirmatory study with interviews with industry
experts in Hong Kong.
Innovation
Negotiation
Organization Issues
Trust
Teaching Excellence Awards
Recipient(s): Cheung S.O.
Year: 2010
Award:
Winner of the City University Teaching Excellence Awards 2009/2010
Recipient(s): Cheung S.O., Choi W.H. and Ng K.F.
Year: 2006
Award:
"Control of Variations and Instructions:
A Web-based Cost Control Innovation". Winner of The Chartered Institute of Building,
Faculty of Architecture and Surveying Innovation Award 2005/2006.
Recipient(s): Cheung S.O., Bayliss R. and Suen Henry
Year: 2003
Award:
"Effecting Partnering Concepts in Construction"
Runner-up of The Chartered Institute of Building Research Papers Competition, 2002
Recipient(s): Ivy Young
Year: 2009
Award:
"Withdrawal in Construction Dispute Negotiation: An Experimental Approach".
Top Award (QS) of the Hong Kong Institute of Surveyors Outstanding Dissertation Award 2009.
Recipient(s): Chow Pui Ting and Cheung Sai On
Year: 2008
Award:
"Developing a Conceptual Framework of Catastrophic Withdrawal Behaviour in
Construction Dispute Negotiation". Best Paper presented at the International Conference on Building Education
and Research, Sri Lanka, February 2008.
Recipient(s): Yiu Tak Wing
Year: 2005
Award:
"A Behavioral Analysis of Construction Dispute Negotiation", Unpublished PhD thesis,
Department of Building and Construction, City University of Hong Kong. Grand Prize (PhD) of the Hong Kong Institute of Surveyors
Outstanding Dissertation Award 2006.
Recipient(s): Wong Shek Pui
Year: 2007
Award:
"The Effect of Learning on Performance of Contracting Organisations"
, Unpublished PhD thesis, Department of Building and Construction, City University of Hong Kong. Grand Prize (PhD)
of the Hong Kong Institute of Surveyors Outstanding Dissertation Award 2007.
Recipient(s): Wong Wei Kei
Year: 2007
Award:
"A Trust Inventory for Use in the Construction Industry", Unpublished MPhil thesis,
Department of Building and Construction, City University of Hong Kong. Grand Prize (MPhil) of the Hong Kong Institute of
Surveyors Outstanding Dissertation Award 2007.
Recipient(s): Lam Man Chung
Year: 2007
Award:
"The Effect of Communication on Trust and Project Outcomes in the Construction Industry"
. Second Award (QS) of the Hong Kong Institute of Surveyors Outstanding Dissertation Award 2007.
Trust in co-operative contracting in construction
Editor: Sai On Cheung
Price: HK$ 150.00 / US$ 21.00
Mediation in the Construction Industry: An International Review
Editor: Penny Brooker and Suzanne Wilkinson
Price: US$ 90.41
Trust in Co-operative Contracting in Construction
Sai On CHEUNG (Editor)
Paperback: 248 pages
ISBN: 978-962-937-117-3
Dimensions: 190 x 235mm
Pub. Date: June 2007
Price: HK$150.00 (Local delivery only)
US$21.00 (For delivery outside Hong Kong) [plus Postage: US$5.00 (surface mail) US$15.00 (airmail)]
The construction industry is now facing unprecedented challenges resulting from the advances in information technology and networking through the web. Procurement paradigm of the construction industry has changed significantly in the last decade. More and more projects are requiring the contracting parties to adopt a co-operative attitude for financing, design, project management and operation integration. This changing face of procurement requires a total new mode of contracting behavior-co-operative contracting for maximizing the synergistic effect. This volume identifies the most critical driver for co-operative behavior - "Trust". Its legal and behavioral implications will be carefully examined. Furthermore, a case study on the Mass Transit Railway Tseung Kwan O extension will help illustrate both theory and practice in perspective.This book provides a comprehensive discussion on trust in co-operative contracting. Directed from both management and legal perspectives with findings supported by empirical researches, it is hoped that professionals, researchers and students will find the book interesting.
The construction industry is infamous for its adversarial culture. Several key industry-wide reviews all pointed to the need to have a revolutionary reform in the way construction facilities are procured. The situation had become more acute as the construction sector, once regarded as a local industry, is now facing unprecedented global challenges. The procurement paradigm has changed significantly, particularly in the last decade. Collaborative types of endeavor have become the norm. More and more projects are employing integrative arrangements that include finance, design, construction and operation. This changing face of procurement calls for a new mode of contracting behavior-co-operative contracting, which in its broadest sense, is requiring the contracting parties to adopt a co-operative attitude thereby maximizing the synergistic effect. Contracting behavior is typically legally regulated. Moreover, founding a legal anchor for the obligation to co-operate in common law system is discouraging. In fact, the legal profession has been swift to express reservations on the binding effect of the pledge for honestly and co-operation. Nonetheless, the relational contracting theory advocated by a group of U.S. legal scholars has provided a nice support to co-operative contracting within a civil law framework. Nevertheless, this conceptualization remains controversial ever since its first introduction in the mid-seventies. As such, relational contracting theory remains an academic pursuit as the common law system has yet to establish a general doctrine of good faith. Seemingly looking into the behavior aspects in contracting would be more fruitful. In construction, partnering is the closest delivery approach resembling co-operative contracting. Success stories have been reported, one notable pioneer project in Hong Kong is the Mass Transit Railway Tseung Kwan O extension. A case study on one of the contracts of the TKE project is used to demonstrate the importance of behavioral change in co-operative contracting, the partnering arrangement, tools as well as the lessons derived. Trust has been identified as the most critical driver for co-operative behavior. Two key questions need to be addressed. Firstly, among the various forms of trust, which form will most amenable to construction contracting. Secondly, between the contractor and the client, who is the best person to kick start the trust cycle. Trust has been a topical research area as it underpins many of our behavior. However, in engineering and construction fields, where technical skill and knowledge dominate, trust has not been accorded the level of attention that it deserves.
- Paradigm Shift in Contracting Culture
- Co-operative Contracting: In Search of Theoretical Anchors
- Operationalizing Co-operation in Contracts
- Partnering: An Exemplar of Co-operative Contracting in Construction
- Trust: Foundation of Co-operative Contracting
- Trust Factors in Co-operative Contracting: Views of Parties of a Partnering Dance
- Trust Initiator: A Prisoner's Dilemma Perspective
- Co-operation: Good Faith and Beyond
Mediation in the Construction Industry: An International Review (Cib) [Hardcover]
Penny Brooker and Suzanne Wilkinson (Editor)
Hardcover: 224 pages
ISBN: 978-041-547-175-6
Dimensions: 9.2 x 6.2 x 0.8 inches
Pub. Date: August 16, 2010
Price: US$90.41
The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts' own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts. These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.
- Introduction
- Construction mediation in Australia
- Construction mediation in Germany
- Construction mediation in Hong Kong
- Mediation in the Mayaysian construction industry
- Construction mediation in New Zealand
- Construction mediation in South Africa
- Construction mediation in Turkey
- Construction mediation in England and Wales
- Evaluation of construction mediation
Construction Dispute Resolution Research Unit (CDRRU)
Address:
CDRRU, Department of Civil and Architectural Engineering,
City University of Hong Kong, Tat Chee Avenue, Kowloon, Hong Kong
Phone: (852) 3442 7603
Fax: (852) 3442 0427
Email: cdrruhk@gmail.com






















