An Assessment of Disputes Resolution Mechanisms in Road Construction Projects in Tanzania

Meshack Kabote; Bavo Blasius Nyichomba

doi:doi:10.11648/j.ajce.20221001.12

| Peer-Reviewed

An Assessment of Disputes Resolution Mechanisms in Road Construction Projects in Tanzania

Meshack Kabote, Bavo Blasius Nyichomba

Published in American Journal of Civil Engineering (Volume 10, Issue 1)

Received: 30 December 2021 Accepted: 17 January 2022 Published: 25 January 2022

Views: Downloads:

Download PDF

Share This Article

Twitter
Linked In
Facebook

Abstract

Over the years, Tanzania National Roads Agency (TANROADS) has been facing a number of disputes, some of them ending in judicial courts. The reasons for disputes are partly due to having improper handling of project disputes by TANROADS and contactors as caused by both of them having inexperienced technical staff and in part due to having improper framework or having ineffective guidelines on how to handle such conflicts. To determine the extent of the above problems, it was vital to carry out a study by consulting key stakeholders through interviews in form of questionnaires and by case studies of disputed projects in TANROADS. In this regard, factors that cause disputes in the road construction industry were listed down and grouped into four clusters, namely: technical, contractual obligation, managerial and administrative, country laws and political. The current mechanisms to resolve conflicts in road construction were found to include; amicable settlement, adjudication, mediation, expert determination, neutral evaluation, conciliation, mediation, arbitration and litigation. However, these mechanisms have been inefficient, ineffective and lacking guiding framework to resolve such conflicts. Pursuant to the above, it was recommended that contracting parties need to establish the Dispute Review Board (DRB) similar to that used in UK and USA after signing the contract. Members of DRB shall be appointed by the contracting parties and approved by the National Construction Council (NCC). DRB members will be nominated from areas of specialization such as contract management and administration, engineering, procurement, law and finance. DRB members should have adequate qualification, experience, and technical know – how. It is expected that the Board will assist in resolving the disputes speedily and cost virtually exclusive of the necessity for arbitration or judicial courts. This can be achieved by enabling close communication and friendly settlement encouragement of controversial project related issues at the execution level before they become disputes.

Published in	American Journal of Civil Engineering (Volume 10, Issue 1)
DOI	10.11648/j.ajce.20221001.12
Page(s)	13-22
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Factors, Mechanisms, Disputes, Resolution

References

[1]	URT (2000) ‘THE United Republic of Tanzania. TIC. Ministry of Finance and Planning Tanzania Development Plan, Vision and Priorities to Achieve Middle Income Status by 2025 Contents from Ministry of Finance & Planning and distribute’, Journal of Power, Politics & Governance, pp. 1–32.
[2]	Ntiyakunze, S. K. (2011) Conflicts in Building Projects in Tanzania: Analysis of Causes and Management Approaches.
[3]	Archibald, R. D., Filippo, I. Di and Filippo, D. Di (2012) ‘The Six-Phase Comprehensive Project Life Cycle Model Including the Project Incubation / Feasibility Phase and the Post-Project Evaluation Phase’, PM World Journal, I (2012), pp. 1–33.
[4]	Pétursson, B. K. (2015) ‘Disputes and Conflicts within Construction Contracts in the Icelandic Construction Industry’, (January). Availableat: https://skemman.is/bitstream/1946/22322/1/MSc_Thesis_Birkir_Kuld_Petursson.pdf%0Ahttp://skemman.is/en/item/view/1946/22322.
[5]	Metham, M., Benjaoran, V. and Sedthamanop, A., 2019. An evaluation of Green Road Incentive Procurement in road construction projects by using the AHP. International Journal of Construction Management, pp. 1-13.
[6]	Ejohwomu, A., Oshodi, O. and Onifade, M. (2016) 'Causes of Conflicts in Construction Projects in Nigeria: Consultant's and Contractor's Perspective', Nigerian Journal of Technology, 35 (2), p. 270. doi: 10.4314/njt. v35i2.6.
[7]	Ansary, N. and Abdul, O. (2018) 'Sources of Conflicts in a Construction Projects a Perspective of South Africa Construction Industry', (April 2018), Pp. 88-94. Doi: 10.15224/978-1-63248-139-9-57.
[8]	Arcadis Consulting Company (2016) 'Global Construction Disputes Record 2016', p. 17. Available at: https://www.arcadis.com/media/3/E/7/%7B3E7BDCDC-0434-4237-924F-739240965A90%7DGlobal Construction Disputes Report 2016.pdf.
[9]	Bvumbwe, C. and Thwala, D. W. (2011) 'An Exploratory Study of Dispute Resolution Methods in the South African Construction Industry', finance, 21, pp. 32-36.
[10]	Mante, J., Ndekugri, I. and Ankrah, N. (2011) 'Resolution of disputes arising from major infrastructure projects in developing countries', COBRA 2011 - Proceedings of RICS Construction and Property Conference, pp. 94-106. doi: 10.1007/s00268-008-9872-6.
[11]	Getahun, A. (2017) 'Assessment of Construction Dispute Resolution in Ethiopian Somali Regional State Road Projects: A Case Study on Road Projects in the Region', American Journal of Civil Engineering, 4 (6), p. 282. doi: 10.11648/j.ajce.20160406.13.
[12]	Mawenya, A. S (2018) Construction Projects Delivery Management.
[13]	Mahamid, I., Bruland, A. and Dmaidi, N. (2011) 'Causes of Delay in Road Construction Projects', Journal of Management in Engineering, 28 (3), pp. 300-310. doi: 10.1061/(asce)me.1943-5479.0000096.
[14]	Khekale, C. and Futane, N. (2013) 'Management of Claims and Disputes in Construction Industry', International Journal of Science and Research (IJSR) ISSN (Online Index Copernicus Value Impact Factor, 14 (5), pp. 2319-7064. Available at: www.ijsr.net.
[15]	Harmon, K. M. (2003) 'Resolution of construction disputes: a review of current methodologies. Leadership and Management in Engineering', 3 (September), pp. 187-201. doi: 10.1061/(ASCE)1532-6748(2003)3.
[16]	Cheung, S. O. (2014) 'Construction dispute research: Conceptualization, avoidance and resolution', Construction Dispute Research: Conceptualization, Avoidance and Resolution, 9783319044, pp. 1-410. doi: 10.1007/978-3-319-04429-3.
[17]	Bekele, A. (2005) 'Alternative Dispute Resolution Methods in Construction Industry: an assessment of Ethiopian Situation', a Thesis Submitted To the School of Graduate Studies Addis Ababa University Faculty of Technology, p. 7.
[18]	Salem, M. A. K. (2015) 'The dispute in the construction industry in the Kingdom of Bahrain with a view to developing a dispute mitigation strategy', pp. 1-71.
[19]	Aryal, S. and Dahal, K. R. (2018) 'A Review of Causes and Effects of Dispute in the Construction Projects of Nepal', Journal of Steel Structures & Construction, 04 (02). doi: 10.4172/2472-0437.1000144.
[20]	Harmonized FIDIC (2006) ‘Condition of Contract for Construction for Building and Engineering works designed by the employer, Multilateral Development Bank Harmonized Edition.
[21]	Public Procurement Authority (2018) ‘Condition of Contract for Medium and Large Works, Tanzania.
[22]	Mosisa, A., Jekale, W. and Adugna, T. (2018) 'Assessment of Effectiveness of Dispute Review Expert Practice in Ethiopian Federal Road Projects', (August 2015).
[23]	Olele, C. A. (2018) 'Adjudication: A Dispute Resolution Mechanism for Infrastructure Development in Nigeria', VII (IV), pp. 1-7.
[24]	Oliveira, M. (2012) ‘Dispute resolution under the general conditions of contract’, (December).
[25]	Gould, N. (2004) 'DISPUTE RESOLUTION IN THE CONSTRUCTION INDUSTRY', (September), pp. 1-34.
[26]	Alshahrani, S. (2017) Development of the Dispute Resolution Framework to Improve the Efficiency of Dispute Resolution in Saudi Construction Projects.
[27]	Jaffar, N., Abdul Tharim, A. H. and Shuib, M. N. (2011) ‘Factors of conflict in construction industry: A literature review’, Procedia Engineering, 20, pp. 193–202. doi: 10.1016/j.proeng.2011.11.156.
[28]	Mehany, M. S. and Grigg, N. (2015) 'Causes of Road and Bridge Construction Claims: Analysis of Colorado Department of Transportation Projects', Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 7 (2), p. 04514006. doi: 10.1061/(asce)la.1943-4170.0000162.Justice.
[29]	Kikwasi, G. J. and Escalante, C., 2018. Role of the construction sector and key bottlenecks to supply response in Tanzania (No. 2018/131). WIDER Working Paper.
[30]	Love, P. E., Davis, P., London, K., & Tom Jasper. (2008). Causal modelling of construction disputes. ARCOM Conference, (September), 869-878.

Cite This Article

Plain Text BibTeX RIS

APA Style

Meshack Kabote, Bavo Blasius Nyichomba. (2022). An Assessment of Disputes Resolution Mechanisms in Road Construction Projects in Tanzania. American Journal of Civil Engineering, 10(1), 13-22. https://doi.org/10.11648/j.ajce.20221001.12

Copy | Download

ACS Style

Meshack Kabote; Bavo Blasius Nyichomba. An Assessment of Disputes Resolution Mechanisms in Road Construction Projects in Tanzania. Am. J. Civ. Eng. 2022, 10(1), 13-22. doi: 10.11648/j.ajce.20221001.12

Copy | Download

AMA Style

Meshack Kabote, Bavo Blasius Nyichomba. An Assessment of Disputes Resolution Mechanisms in Road Construction Projects in Tanzania. Am J Civ Eng. 2022;10(1):13-22. doi: 10.11648/j.ajce.20221001.12

Copy | Download

@article{10.11648/j.ajce.20221001.12,
  author = {Meshack Kabote and Bavo Blasius Nyichomba},
  title = {An Assessment of Disputes Resolution Mechanisms in Road Construction Projects in Tanzania},
  journal = {American Journal of Civil Engineering},
  volume = {10},
  number = {1},
  pages = {13-22},
  doi = {10.11648/j.ajce.20221001.12},
  url = {https://doi.org/10.11648/j.ajce.20221001.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ajce.20221001.12},
  abstract = {Over the years, Tanzania National Roads Agency (TANROADS) has been facing a number of disputes, some of them ending in judicial courts. The reasons for disputes are partly due to having improper handling of project disputes by TANROADS and contactors as caused by both of them having inexperienced technical staff and in part due to having improper framework or having ineffective guidelines on how to handle such conflicts. To determine the extent of the above problems, it was vital to carry out a study by consulting key stakeholders through interviews in form of questionnaires and by case studies of disputed projects in TANROADS. In this regard, factors that cause disputes in the road construction industry were listed down and grouped into four clusters, namely: technical, contractual obligation, managerial and administrative, country laws and political. The current mechanisms to resolve conflicts in road construction were found to include; amicable settlement, adjudication, mediation, expert determination, neutral evaluation, conciliation, mediation, arbitration and litigation. However, these mechanisms have been inefficient, ineffective and lacking guiding framework to resolve such conflicts. Pursuant to the above, it was recommended that contracting parties need to establish the Dispute Review Board (DRB) similar to that used in UK and USA after signing the contract. Members of DRB shall be appointed by the contracting parties and approved by the National Construction Council (NCC). DRB members will be nominated from areas of specialization such as contract management and administration, engineering, procurement, law and finance. DRB members should have adequate qualification, experience, and technical know – how. It is expected that the Board will assist in resolving the disputes speedily and cost virtually exclusive of the necessity for arbitration or judicial courts. This can be achieved by enabling close communication and friendly settlement encouragement of controversial project related issues at the execution level before they become disputes.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - An Assessment of Disputes Resolution Mechanisms in Road Construction Projects in Tanzania
AU  - Meshack Kabote
AU  - Bavo Blasius Nyichomba
Y1  - 2022/01/25
PY  - 2022
N1  - https://doi.org/10.11648/j.ajce.20221001.12
DO  - 10.11648/j.ajce.20221001.12
T2  - American Journal of Civil Engineering
JF  - American Journal of Civil Engineering
JO  - American Journal of Civil Engineering
SP  - 13
EP  - 22
PB  - Science Publishing Group
SN  - 2330-8737
UR  - https://doi.org/10.11648/j.ajce.20221001.12
AB  - Over the years, Tanzania National Roads Agency (TANROADS) has been facing a number of disputes, some of them ending in judicial courts. The reasons for disputes are partly due to having improper handling of project disputes by TANROADS and contactors as caused by both of them having inexperienced technical staff and in part due to having improper framework or having ineffective guidelines on how to handle such conflicts. To determine the extent of the above problems, it was vital to carry out a study by consulting key stakeholders through interviews in form of questionnaires and by case studies of disputed projects in TANROADS. In this regard, factors that cause disputes in the road construction industry were listed down and grouped into four clusters, namely: technical, contractual obligation, managerial and administrative, country laws and political. The current mechanisms to resolve conflicts in road construction were found to include; amicable settlement, adjudication, mediation, expert determination, neutral evaluation, conciliation, mediation, arbitration and litigation. However, these mechanisms have been inefficient, ineffective and lacking guiding framework to resolve such conflicts. Pursuant to the above, it was recommended that contracting parties need to establish the Dispute Review Board (DRB) similar to that used in UK and USA after signing the contract. Members of DRB shall be appointed by the contracting parties and approved by the National Construction Council (NCC). DRB members will be nominated from areas of specialization such as contract management and administration, engineering, procurement, law and finance. DRB members should have adequate qualification, experience, and technical know – how. It is expected that the Board will assist in resolving the disputes speedily and cost virtually exclusive of the necessity for arbitration or judicial courts. This can be achieved by enabling close communication and friendly settlement encouragement of controversial project related issues at the execution level before they become disputes.
VL  - 10
IS  - 1
ER  -

Copy | Download

Author Information

Meshack Kabote

Tanzania National Roads Agency, Ministry of Works and Transport, Dar Es Salaam, Tanzania
Bavo Blasius Nyichomba

Mechanical and Industrial Engineering, College of Engineering and Technology, University of Dar es Salaam, Dar Es Salaam, Tanzania

Download PDF

Sections

Plain Text BibTeX RIS

APA Style

Meshack Kabote, Bavo Blasius Nyichomba. (2022). An Assessment of Disputes Resolution Mechanisms in Road Construction Projects in Tanzania. American Journal of Civil Engineering, 10(1), 13-22. https://doi.org/10.11648/j.ajce.20221001.12

Copy | Download

ACS Style

Meshack Kabote; Bavo Blasius Nyichomba. An Assessment of Disputes Resolution Mechanisms in Road Construction Projects in Tanzania. Am. J. Civ. Eng. 2022, 10(1), 13-22. doi: 10.11648/j.ajce.20221001.12

Copy | Download

AMA Style

Meshack Kabote, Bavo Blasius Nyichomba. An Assessment of Disputes Resolution Mechanisms in Road Construction Projects in Tanzania. Am J Civ Eng. 2022;10(1):13-22. doi: 10.11648/j.ajce.20221001.12

Copy | Download

@article{10.11648/j.ajce.20221001.12,
  author = {Meshack Kabote and Bavo Blasius Nyichomba},
  title = {An Assessment of Disputes Resolution Mechanisms in Road Construction Projects in Tanzania},
  journal = {American Journal of Civil Engineering},
  volume = {10},
  number = {1},
  pages = {13-22},
  doi = {10.11648/j.ajce.20221001.12},
  url = {https://doi.org/10.11648/j.ajce.20221001.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ajce.20221001.12},
  abstract = {Over the years, Tanzania National Roads Agency (TANROADS) has been facing a number of disputes, some of them ending in judicial courts. The reasons for disputes are partly due to having improper handling of project disputes by TANROADS and contactors as caused by both of them having inexperienced technical staff and in part due to having improper framework or having ineffective guidelines on how to handle such conflicts. To determine the extent of the above problems, it was vital to carry out a study by consulting key stakeholders through interviews in form of questionnaires and by case studies of disputed projects in TANROADS. In this regard, factors that cause disputes in the road construction industry were listed down and grouped into four clusters, namely: technical, contractual obligation, managerial and administrative, country laws and political. The current mechanisms to resolve conflicts in road construction were found to include; amicable settlement, adjudication, mediation, expert determination, neutral evaluation, conciliation, mediation, arbitration and litigation. However, these mechanisms have been inefficient, ineffective and lacking guiding framework to resolve such conflicts. Pursuant to the above, it was recommended that contracting parties need to establish the Dispute Review Board (DRB) similar to that used in UK and USA after signing the contract. Members of DRB shall be appointed by the contracting parties and approved by the National Construction Council (NCC). DRB members will be nominated from areas of specialization such as contract management and administration, engineering, procurement, law and finance. DRB members should have adequate qualification, experience, and technical know – how. It is expected that the Board will assist in resolving the disputes speedily and cost virtually exclusive of the necessity for arbitration or judicial courts. This can be achieved by enabling close communication and friendly settlement encouragement of controversial project related issues at the execution level before they become disputes.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - An Assessment of Disputes Resolution Mechanisms in Road Construction Projects in Tanzania
AU  - Meshack Kabote
AU  - Bavo Blasius Nyichomba
Y1  - 2022/01/25
PY  - 2022
N1  - https://doi.org/10.11648/j.ajce.20221001.12
DO  - 10.11648/j.ajce.20221001.12
T2  - American Journal of Civil Engineering
JF  - American Journal of Civil Engineering
JO  - American Journal of Civil Engineering
SP  - 13
EP  - 22
PB  - Science Publishing Group
SN  - 2330-8737
UR  - https://doi.org/10.11648/j.ajce.20221001.12
AB  - Over the years, Tanzania National Roads Agency (TANROADS) has been facing a number of disputes, some of them ending in judicial courts. The reasons for disputes are partly due to having improper handling of project disputes by TANROADS and contactors as caused by both of them having inexperienced technical staff and in part due to having improper framework or having ineffective guidelines on how to handle such conflicts. To determine the extent of the above problems, it was vital to carry out a study by consulting key stakeholders through interviews in form of questionnaires and by case studies of disputed projects in TANROADS. In this regard, factors that cause disputes in the road construction industry were listed down and grouped into four clusters, namely: technical, contractual obligation, managerial and administrative, country laws and political. The current mechanisms to resolve conflicts in road construction were found to include; amicable settlement, adjudication, mediation, expert determination, neutral evaluation, conciliation, mediation, arbitration and litigation. However, these mechanisms have been inefficient, ineffective and lacking guiding framework to resolve such conflicts. Pursuant to the above, it was recommended that contracting parties need to establish the Dispute Review Board (DRB) similar to that used in UK and USA after signing the contract. Members of DRB shall be appointed by the contracting parties and approved by the National Construction Council (NCC). DRB members will be nominated from areas of specialization such as contract management and administration, engineering, procurement, law and finance. DRB members should have adequate qualification, experience, and technical know – how. It is expected that the Board will assist in resolving the disputes speedily and cost virtually exclusive of the necessity for arbitration or judicial courts. This can be achieved by enabling close communication and friendly settlement encouragement of controversial project related issues at the execution level before they become disputes.
VL  - 10
IS  - 1
ER  -

Copy | Download