An anatomy of speculative claims in construction

作者：Pang, H. Y.^*; Cheung, S. O.

来源：5th International Structural Engineering and Construction Conference, Las Vegas, NV, 2009-09-22 To 2009-09-25.

• STRATEGIC DECISION-MAKING
• INCOMPLETE CONTRACTS
• INTRAGROUP CONFLICT
• PERFORMANCE
• OPPORTUNISM
• MANAGEMENT
• DYNAMICS
• DISPUTES
• TEAMS
• MODEL

Protracted resolution of construction dispute has been considered as epidemic. Notwithstanding that significant efforts have been directed to prevent it from happening, disputes regularly crop out in almost every construction project. Most disputes are contractual because entitlement must have a contractual base. For the same reason, contractual disputes may not be that disruptive as a reasonably prepared contract should be able to deal with all phases of a dispute cycle. In this paper, a more disruptive type of construction dispute is discussed. It is proposed that speculative claims are more damaging as these do not fall squarely within the contract governance and often energized by opportunism and fuelled with conflict. This paper outlines this conceptualization by drawing on the well developed concepts of contract incompleteness, opportunism and affective conflict.

• 出版日期2010
• 单位香港城市大学