Construction Disputes and Project Management

This assignment explores the complexities of construction project management, particularly focusing on dispute resolution. It delves into various aspects like contract variations, claims, liquidated damages, and alternative dispute resolution mechanisms such as arbitration. Students analyze case studies, discuss best practices for conflict management, and evaluate the effectiveness of different project management tools in mitigating disputes.

(Insert Student Name) / (Insert Student Number) - PPMP20011 Course Portfolio for Week 7
Weekly Portfolio Learning Table
Description of
topics including
reading samples
Learning outcomes
of the course
Learnings from your experience, this and prior course reading,
assignments
Supporting
documentation
including your
prior learning
Week 7 Topic:
Disputes, Claims,
Variations, and
Arbitration.
Collaborative
Project
Procurement
Arrangements
(2015) by Derek H.
T. Walker and
Beverly M. Lloyd
Walker;
Cheung S.O., &
and Chow P.T.
2011. Withdrawal
in Construction
Project Dispute
Negotiation.
Journal of
Construction
Engineering and
Management.
Volume 137, Issue
3. Differentiate
methods of project
negotiation, conflict
management, and
stakeholder
engagement across
projects consisting
of differing
technology
standards and asset
lifecycles.
Construction contract variations remain the leading source of
disputes between contractors and principals. In most cases, the
variations may emerge from design defects, latent site conditions,
value engineering, instructed changes to works, and changes in the
law (Cheong and Chow 2011). Importantly, the contractor is
expected to comply with the variation requirements. The principal
should be ready to protect its rights thus compelling the contractor
to address variations. However, the contractor also has a right that
allows it to recover profits and costs where applicable (Derik,
Walker and Lloyd 2015). The project manager should use the
standard form contracts to facilitate dispute resolution. The
stakeholder should consider a dispute resolution board to resolve
the issues. Therefore, the parties can use arbitration mechanisms
overcome the dispute.
Since the variation claims embrace the contractual and the technical
dimensions, the parties including project manager and principle can
opt for the best dimension that befits their expectations. An
independent expert can also help to determine the monetary
entitlement and work variations (Cheong and Chow 2011). The
project manager needs to use commercial negotiation skills to avoid
disputes and claims. The contract should have a dispute resolution
clause thus provide relevant procedures for addressing the issues.
For instance, the contract should have a binding expert
determination. Based on various studies, it is evident that project
management should highlight the project deliverable (Cheong and
PPMP20011 Course
Profile
PPMP20011 Moodle
Web site
Have you any
insights you can add
from other units you
have studies or
readings you’ve
made?
1 of 4

(Insert Student Name) / (Insert Student Number) - PPMP20011 Course Portfolio for Week 7
Description of
topics including
reading samples
Learning outcomes
of the course
Learnings from your experience, this and prior course reading,
assignments
Supporting
documentation
including your
prior learning
12 Chow 2011). This should depend on the interests of project
managers, project owners, and academicians. This facilitates the
research flows and characteristics thus make the project successful.
Are any of the
activities above
relevant to your
reflections for the
learning outcomes
on the right?
4. Explain and
apply methods of
identifying and
reconciling
inconsistent and
conflicting
objectives and
drivers that develop,
maintain, and
manage
relationships and
communication with
key stakeholders.
Construction contract variations remain the leading source of
disputes between contractors and principals. In most cases, the
variations may emerge from design defects, latent site conditions,
value engineering, instructed changes to works, and changes in the
law (Cheong and Chow 2011). Importantly, the contractor is
expected to comply with the variation requirements. The principal
should be ready to protect its rights thus compelling the contractor
to address variations. However, the contractor also has a right that
allows it to recover profits and costs where applicable (Derik,
Walker and Lloyd 2015). The project manager should use the
standard form contracts to facilitate dispute resolution.
Have you any
insights you can add
from other units you
have studies or
readings you’ve
made?
Are any of the
activities above
relevant to your
reflections for the
learning outcomes
on the right?
5. Explain the
consequences of
project delays,
disruptions, and
changes to planned
activities and the
methods for claims
variations,
The project owners or contractors can opt for disruption and delay
claims for extended time. It leads to additional costs and claims
depending on the terms of the contract. Since the variation claims
embrace the contractual and the technical dimensions, the parties
including project manager and principle can opt for the best
dimension that befits their expectations. An independent expert can
also help to determine the monetary entitlement and work variations
(Cheong and Chow 2011). The project manager needs to use
Have you any
insights you can add
from other units you
have studies or
readings you’ve
made?
2 of 4

(Insert Student Name) / (Insert Student Number) - PPMP20011 Course Portfolio for Week 7
Description of
topics including
reading samples
Learning outcomes
of the course
Learnings from your experience, this and prior course reading,
assignments
Supporting
documentation
including your
prior learning
liquidated damages,
contract
entitlements, and
arbitration.
commercial negotiation skills to avoid disputes and claims.
Are any of the
activities above
relevant to your
reflections for the
learning outcomes
on the right?
6. Evaluate project
management tools
that help avoid or
provide conflict
resolution via
negotiated
solutions.
The use of a collaborative project procurement arrangement is
critical in resolving conflicts. The stakeholder should consider a
dispute resolution board to resolve the issues. The parties can use
arbitration mechanisms overcome the dispute. The contract should
have a dispute resolution clause thus provide relevant procedures
for addressing the issues. For instance, the contract should have a
binding expert determination. Based on various studies, it is evident
that project management should highlight the project deliverable
(Cheong and Chow 2011). This should depend on the interests of
project managers, project owners, and academicians. This facilitates
the research flows and characteristics thus make the project
successful.
Have you any
insights you can add
from other units you
have studies or
readings you’ve
made?
3 of 4

(Insert Student Name) / (Insert Student Number) - PPMP20011 Course Portfolio for Week 7
Bibliography
Cheong, S O, and Chow, P T. 2011,“Withdrawal in Construction Project Dispute Negotiation.” Journal of Construction Engineering and
Management, vol. 137, no. 12.
Derik, H, Walker, T, and Lloyd, B M. 2015, "PIM Published Research: Theory and Practice." Chap. 5 in Collaborative Project Procurement
Arrangements.
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