Rakennusalan konfliktinratkaisujen kehittäminen

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Verkkokirja (1687 KB, 165 s.)
TKK Rakenne- ja rakennustuotantotekniikan laitoksen väitöskirjoja, 3
Construction industry is sensitive to conflicts. Conflicts have negative effects on construction processes and customer relations if not properly dealt with. The construction sector and the judicial systems are not well prepared to solve conflicts that require special knowledge and deep understanding of the characteristics of civil engineering. This research has produced development actions to improve conflict management of construction sector towards more professional, timely and cost effective direction. Construction conflicts arise mainly from confrontations between people attached to the project, from problems related to relations and communications between parties, and from ambiguity, complexity and principality of issues. Conflicts are experienced merely as a negative phenomenon and constructive elements of conflicts are not recognized. Organizations are not prepared to solve conflicts. Resolving of conflicts may pile up to the end of the project. Current resolution methods are not generally considered to respond to the needs of the construction industry. Around fifty problematic areas were identified in the current methods. Furthermore, over thirty factors, which have effect on reaching the resolution, were identified. Many of them were related to the construction process itself. In this research the experienced problems in current conflict resolution processes, desired features of an optimal conflict resolution process and characteristics of amicable resolutions were reflected with perspectives existing in the literature. Fourteen development recommendations to improve the conflict resolution methods within construction sector were constructed using inductive logic. The research revealed that it is possible to improve the speed, level of professionalism and cost efficiency of the conflict management procedure by processing the conflict already during the project. In this research the following development recommendations (constructions) were produced: 1. An agreed conflict resolution method needs to be applied already within the duration of the project. 2. The quality of documentation in construction processes has to be improved. 3. Joint site and document surveys must be utilized. 4. More attention should be given to develop trust between people working in the project. 5. A mechanism to update general conditions of contracts should be developed. 6. Negotiation skills and powers of negotiators should be improved. 7. A neutral expert needs to be attached to bilateral negotiations before ending up to an impasse. 8. Statements from trusted professionals should be requested jointly. 9. Ethical principles for professional statements should be composed. 10. Voluntary mediation systems need to be appropriately authorized. 11. Mediation and conciliation should be incorporated within the general conditions of construction contracts. 12. Construction specialists ought to be qualified to work as arbitrators. 13. Construction professionalism needs to be increased within the judicial processes. 14. Certain courts or judges should specialize on construction disputes. This research provides new insights to the field of construction conflicts and their resolutions, and discloses factors to which the specialists pay attention in conflict management. Other aspects comprise a connection detected between the general conflict theory and the conflict process of construction industry, a model constructed for a conflict resolution process within a project and its connection to the construction conflict process, identifying lack of constructive conflict management within the industry, finding the difficulties from impassed bilateral negotiations, and possibility to comprehensively use the expertise of a neutral construction specialist in court-processes. The constructed development recommendations are practical and they may also be applicable in project management fields beyond the construction industry.
rakennusala, projekti, konflikti, erimielisyys, riita, hallinta, ratkaisu
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