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
Volume 4, Issue 6, November 2016, Pages: 282-289
Received: Aug. 10, 2016; Accepted: Aug. 19, 2016; Published: Sep. 12, 2016
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Authors
Assegid Getahun, Construction Engineering and management, Jimma University Institute of Technology, School of Civil and Environmental Engineering, Jimma, Ethiopia
Yolente C. Macarubbo, Jimma University Institute of Technology, School of Civil and Environmental Engineering, Jimma, Ethiopia
Alemu Mosisa, Jimma University Institute of Technology, School of Civil and Environmental Engineering, Jimma, Ethiopia
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Abstract
The construction industry has been a paradoxical leader in both dispute occurrences and dispute resolution systems for many years. This study assessed the construction dispute resolution mechanism in Ethiopian Somali Region Road Construction Industry. It has identified the causes that lead to construction dispute in the road sector; determined the most frequent causes of the dispute; and analyzed its current dispute resolution mechanisms. Results show to have five major categories of disputes which are design-related, contractor-related, owner related, contract-related, and external factors ranked from first to fifth, respectively. The Dispute Resolution Mechanisms currently used in the road construction industry of the Ethiopian Somali region are an Amicable Settlement (Negotiation), DRE, Arbitration (Litigation), and “others” not disclosed by respondents. ADR is to a certain extent, effectively used in contracts in the construction industry. Negotiation is initially most frequently used in resolving disputes in road construction projects in Somali Region. However, parties cannot resolve the issue through Negotiation thereby resorted to Arbitration (Litigation). Arbitration is the final stage of dispute management in the road construction sector and arbitration proceedings resemble to regular court litigation. Various but specific recommendations were forwarded to major construction stakeholders to minimize or avoid disputes. Such as disputes can be reduced by checking that the contract documents are in place. Avoid making general statements, and instead set out a complete list of specifications, drawings, questions and answers, and others that apply to the project.
Keywords
Alternative Dispute Resolution, Arbitration, Causes of Disputes, Dispute Resolution Mechanisms, Mediation, Road Construction, Somali Regional State
To cite this article
Assegid Getahun, Yolente C. Macarubbo, Alemu Mosisa, 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. Vol. 4, No. 6, 2016, pp. 282-289. doi: 10.11648/j.ajce.20160406.13
Copyright
Copyright © 2016 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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