The construction industry requires cooperation from design through completion. Interdependent relationships exist between owners, contractors, subcontractors, architects, suppliers, lenders, insurance carriers, and bonding companies. The potential risk of financial loss* due to conflict is staggering.

With such interdependency, when conflict is unresolved the losses spread. Conflicts cause wasted time, job restructuring, employee turnover, absenteeism, sabotage, theft and vandalism. Internal conflict also has an impact on customer relations and goodwill. The ability to manage conflict before it becomes a crisis is vital.

In today's competitive marketplace, construction professionals must be cognizant of every dollar spent in order to be profitable. The unresolved, and often unrecognized, cost* of conflict diminishes profitability.

* Click for complimentary access to the Dana Measure of Financial Cost of Organizational Conflict, an on-line calculator producing immediate results. Computer your financial return-on-investment (ROI) in conflict management training.

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Edited by Melissa Zarda. See other bibliographies.
Contributors: Michele Barnas, Sara Yandell, Carla Demers, Ashish Joshi

Copyright restriction: The contents of this bibliography may not be placed on other websites, but links from other websites may be directed to this page. Hardcopies of this page may be printed for academic purposes.

• Al-Tabtabai, H., & Thomas, V. (2004). Negotiation and resolution of conflict using AHP: an application to project management, Engineering, Construction and Architectural Management, Vol. 11, Iss. 2; p. 90, Bradford, UK:  Emerald Group Publishing, Limited.

The subject of Conflict-Analysis and Resolution has received considerable attention in construction management. Providing measurement to tangibles and intangibles issues, involved in a conflict is not attempted often. The quantification of the perception of gains and losses for the parties involved in a conflict helps to analyze the issues scientifically, in a more logical manner. This paper presents the application of a decision-making methodology, the analytical hierarchy process (AHP), to conflict management. The objective of this paper is analyzing and resolving conflict aided by the quantification of gains and losses using the AHP. This methodology was applied to a real conflict situation between two government agencies in Kuwait.

• Ankrah, N., & Langford, D. (2005). Architects and contractors: a comparative study of organizational cultures, Construction Management and Economics, Vol. 23,  Iss.6; pg.595,  London, U.K: E. & F.N.
  

Conflicts between project participants have been identified in various construction industry reports as being one of the principal causes of poor performance on construction projects. These conflicts occur at the interface level in one respect because participants have different objectives and different organizational cultures which define their approach to work and relationship with the other project participants. This research was therefore undertaken to investigate and identify the organizational cultures of two significant players in the project coalition - architects and contractors - on the premise that by revealing specific cultural characteristics and orientations, establishing significant areas of difference and initiating discussion on some of the implications for conflicts and project performance, the context would have been set for assessing and understanding the behavior of these project participants.

• Appel, M. (2004). AAA Forming N.J. Public Sector Construction Panel, NJ, U.S.A:American Arbitration Association. 

This article is about the formation of a N.J. Public Sector Panel of Mediators and Arbitrators, by the American Arbitration Association. This was done in accordance with recent legislation mandating the inclusion of alternative dispute resolution clauses in local public construction contracts.

• Arumba, Chimay J., Carillo, Patricia and Egbu, Charles (2005), Knowledge Management in Construction, OR Oxford, OX4 2DQ, UK: Blackwell Publishers.

“Researchers and practitioners in management and construction explain why and how a construction company should manage the knowledge generated on projects and in individual firms in order to keep from repeating past mistakes or making decisions that can risk major disasters. Their topics include the nature and dimensions of knowledge management, construction as a knowledge-based industry, organizational readiness, cross-project knowledge management, measuring performance, corporate memory, and building a knowledge-sharing culture in construction project teams.”

• Belcher, Osmond F. (2003), Charting a successful dispute resolution, AACE International Transactions, CD231-CD236.

“This paper provides the reader with the three early decision tools needed when a decision is being made to pursue dispute resolution. The decision tool hopefully will assist you in evaluating whether the investment in resources a firm is considering to pursue with a dispute resolution will provide both the tangible and intangible returns your firm is seeking. This paper also provides guidance on attempting to resolve disputes at the very first occurrence or an indication that a dispute situation might be brewing.”

• Bennett, J. (2000). Construction the Third Way, England, U.K: Elsevier. 

This book describes current best practice in managing construction. It is based on case studies of leading practice responding to demands from customers that construction match the value and quality that international competition is forcing on their own businesses. The case studies show that major customers now partner with construction firms to find more efficient ways of working.

• Best, R., & Valence, G. (1999). Building in Value: Pre-Design Issues, Sydney, Australia: Elsevier.    

The concept of value in projects is a key issue for everyone involved in the construction industry. Building in Value brings together many experts in the field to outline the wide range of tools, techniques and procedures that can and should be used to make the building procurement phase as efficient as possible. The authors go on to discuss how to ensure that future problems in the design and construction of the buildings are anticipated at the start and to minimize the likelihood of future hiccups. Integrating strategic, financial and construction management techniques, this book provides an essential guide for construction professionals.

• Bercovitch, J. (1995). Resolving International Conflicts, Christchurch, New Zealand: Lynne Rienner Publishers.

Studies in International Mediation brings together a number of prominent scholars in the field of international relations. The central concern of the contributors is mediation effectiveness and how best to achieve it. Within these parameters, three major themes are highlighted - the determinants of mediation success, the range and diversity of mediation in the contemporary environment, and new strategies of intervention. The contributors take a systematic approach to analyzing some significant aspects of mediation and consider the process in the overall context of conflict management.

• Borgeryd, A. (1999). Managing Intercollective Conflict, U.S.A: Universal Publishers.

The book gives an idea of how does the state measure up to today’s realities when it comes to managing conflict. To what extend are efforts to manage conflict successful and for whom?

• Burgess, H., & Burgess, G. (1996). Constructive Confrontation: A Transformative Approach to Intractable Conflicts, San Francisco, CA: Jossey-Bass Publications. 

Constructive confrontation is a strategy for approaching intractable conflicts that are not ripe for resolution. Developed in the context of large-scale public policy and international conflicts, this approach parallels transformative mediation in several ways. Most important is an emphasis on empowerment and recognition (though constructive confrontation uses different terms) and a focus on constructive processes rather than resolution as the primary goal. This article describes constructive confrontation and compares it to transformative mediation, highlighting both similarities and differences.

• Campbell, P. (1997). Construction Disputes: Avoidance and Resolution, Scotland, UK: Whittles Publishing.

This is an introduction to dispute resolution for professionals working in the construction industry. Although the book assumes that the reader has little or no experience with dispute resolution outside of litigation, it provides a good overview of the general and industry-specific opportunities that exist. In addition to covering mediation and arbitration, different chapters address dispute avoidance and dispute review boards. Construction Disputes should be of use for anyone providing dispute resolution services to the construction industry and also for researchers and practitioners seeking real-world solutions to commercial disputes of any type.

• Carr, F. (1999).  Partnering in construction:  A practical guide to project success, Chicago, IL:  American Bar Association.

A cleverly put together systematic guide on how to start a partnering program to improve teamwork and conflict management in the construction industry.  Subjects discussed include planning and conducting a joint workshop, drafting a formal charter, formulating the initial statement of intent, and follow up activities.  Facilitating such a program is intended to cut cost typically associated with conflicts.

• Chan, E., & Suen, H. (2005). Dispute resolution management for international construction projects in China, Management Decision, Vol. 43, Iss. 4; pg. 589, 14 pgs, London, U.K: Emerald Group Publishing, Limited.

Unfamiliar with the Chinese culture and ways of doing business, foreign architects/ engineers/ contractors (AEC) firms will encounter differences with the local parties. With reference to the characteristics of Chinese culture on disputes, this paper studies the problem areas of dispute and of resolving disputes in international construction projects in China. The objectives are to: examine the fundamentals of Chinese culture and ways of doing business; examine the characteristics of international projects and investigate any differences in the dispute problems arising from China International Projects; identify the most popular dispute resolution mechanism(s) for international projects in China; and recommend possible ways to reduce and resolve disputes of these projects.

• Dainty, Andrew, Lindgard, Helen and Loosemoore, Martin Dr. (2003), Human Resource Management in Construction Projects: Strategic and Operational Approaches, Taylor & Francis, Inc..

Examining both the strategic and operational aspects of managing human resources within the construction sector,  Loosemore focuses on management theory, employee relations, workforce diversity, and health and safety in this resource for project managers and students of project management who have been handed the responsibility for human resource management without adequate training. Concepts are illustrated with case studies of projects and organizations, based on the author's experience with a range of large construction companies.

• Darrick M. (1996). ADR in the Construction Industry: Continuing the Development of a More Efficient Dispute Resolution Mechanism, Ohio State Journal on Dispute Resolution, OH, U.S.A: The Ohio State University Publishing.

This article discusses disputes in the construction industry. The construction industry needs a way to resolve disputes in a quick and efficient way because of the nature of the industry; in some disputes, construction on a project may be delayed for months or even years while a case works its way through the courts. Contractors and owners may go bankrupt in the meantime. For years, many of these disputes, notwithstanding skepticism and reticence on the part of some in the legal profession, have been automatically submitted to binding arbitration for resolution in accordance with terms of standard contracts. In recent years especially, however, the industry has been witness to an ever-increasing emphasis on quick and inexpensive dispute prevention and resolution mechanisms.

• Davies, E. (1998). Dispute Resolution and Conflict Management in Construction, Manchester, U.K: Spon Press U.K.

In the increasingly international construction marketplace, Dispute Resolution and Conflict Management in Construction is an invaluable construction law reference written by expert international authors. The book examines the different national systems of twenty countries from Europe and North America to the Middle East and Asia. Each national monograph provides a consistent and rigorous analysis of each national system, as well as the necessary tools for managing conflict and resolving disputes on construction projects.

• Ellis, Robert, Fryer, Barry G. (2004), Practice of Construction Management: People and Business Performance  , Oxford, OX4 2DQ, UK: Blackwell Publishers.

“This book offers managers and students an account of management ideas and practices, concentrating particularly on the human side of construction management. It pulls together what has been learned both from management practice and research, and summarizes the main themes and trends." "Since the last edition in 1997, many new initiatives and government sponsored reports are beginning to have an impact on organizational strategy and culture, and the industry in general. This new edition has been substantially revised to reflect the latest management thinking and to include new sections on communication, conflict management and managing innovation. It also features tutor-led debate topics, discussion items or questions at the end of each chapter." It will provide a textbook for final year undergraduates and postgraduates of construction management, and for construction managers faced with the tasks of promoting a culture of collaborative working and balancing relationships with commercial issues.”

• Fenn, P., & Gameson, R. (1992). Construction conflict management and resolution:  Proceedings of the first international construction management conference, the University of Manchester, Abington, Oxon UK: Spon Press.

A collection of expert papers covering the themes of alternative dispute resolution; conflict management; claims procedures; litigation and arbitration; international construction; education, and the future.  The book addresses the need for the construction industry to begin to realize that too much time and resources was being spent in the court systems to settle disputes.  The book’s collection provides a multitude of reference materials for both legal and construction professionals.

• Fenn, P., O’Shea, Michael, and Davies, Edward, Dispute Resolution and Conflict Management in Construction: An International Review.  Brunner-Routledge, 1998.

This book discusses dispute resolution and conflict management systems in the construction industry.  It provides a valuable knowledge resource for those individuals dealing or working in an international workplace environment.  It examines conflict resolution management and systems for construction professionals around the world.

• Fullerton, R. Feb-April (2005) Searching for Balance in Conflict Management: The Contractor’s Perspective, Dispute Resolution Journal.

The author gives a brief description of the history of disputes as it pertains to contractors.  The author summarizes his findings on attitudes toward litigation from contractors.  He discusses his findings; there were six points he elaborated on.  The author then approaches arbitration, and mediation in a similar format.  He goes over the difference for each option and his findings on how each option is relevant for contractors.    

• International Symposium on Large-Scale Construction in Coastal Environments, 1999.  Large-scale constructions in coastal environments:  conflict resolution strategies:  First international symposium April 1997, Norderney Island, Germany, Secaucas, NJ:  Springer-Verlag Telos. 

A book written to stimulate discussions that address environmental issues, economy, ethics or science within the construction industry.  Highlighted areas include resolving conflict during construction by looking into the accepted environmental objectives.

• Kelly, R. (1999). Can You Prevent Claims and Lawsuits on Your Construction Project? CA, U.S.A: Mediation Information and Resource Center.

This article discusses construction industry disputes. The article offers suggestions and resources to help prevent and resolve disputes. The suggestions come from three different disputant perspectives: owners, contractors, and architects.

• Kriesberg, L. (2002). Constructive Conflicts: From Escalation to Resolution, 2nd Edition, FL, U.S.A:Rowman & Littlefield Publishing.

This second edition volume identifies the complexities of constructive conflicts and    outlines case studies of intractable conflict moving towards resolution.

• Leung, M., Liu, A., & Thomas, S. (2005), Is there a relationship between construction conflicts and participants' satisfaction? Engineering, Construction and Architectural Management, Vol.12 ,Iss. 2; pg. 149, 19 pgs, Bradford, U.K: Emerald Group Publishing, Limited.

The second generation conflict management investigates the effect of various conflict types and conflict resolution strategies to project outcomes in detail. The paper aims at investigating the complicated construction conflict management within the goal setting process in construction projects. The findings in the questionnaire survey indicate that moderate level of conflict can improve satisfaction until a certain point whereby the satisfaction diminishes as conflict escalates. To yield an optimum level of satisfaction, conflicts have to be stimulated in the goal setting process and solved among the project participants by adopting the integrated style, neutral attitudes towards emotional-rational dimension and task-relationship dimension of conflict.

• Lingard, H., & Francis, V. (2006). Does a supportive work environment moderate the relationship between work-family conflict and burnout among construction professionals? Construction Management and Economics, Vol. 24, Iss. 2; pg. 185, London, UK: E. & F.N. Spon.

The effect of perceived organizational support (POS) and support from supervisors and co-workers in the relationship between work-family conflict (WFC) and burnout was examined in a sample of 202 construction professionals and managers. The results revealed that POS has a main effect on burnout and also moderates the relationship between WFC and burnout. The effect of social support did not differ according to its source. Effects for supervisory and co-worker support were similar. However, different effects were found for different types of support. Emotional support had a main effect on burnout but not a moderating effect in the WFC-burnout relationship.

• Libbey, C. (2000). Working Together While "Waltzing in a Mine Field": Successful Government Construction Contract Dispute Resolution With Partnering and Dispute Review Boards, OH, U.S.A: Ohio State Journal on Dispute Resolution.

This article discusses the Federal Government's dispute prevention and resolution procedures in conflicts involving construction contracts. The U.S. Army Corps of Engineers is one group that has incorporated ADR for the resolution and prevention of disputes. The rising government costs were one reason that the Corps decided to implement dispute resolution procedures. However, the author notes that more specific ADR provisions need to be included in these contracts. The author points out that the typical method used by construction companies is "partnering". Partnering focuses on preventing contracting disputes by nurturing the relationship between the contracting parties. The author suggests that there should be a combination of partnering and the use of dispute resolution boards.

• Loosemore, M. (2000). Crisis Management in Construction Projects, Sydney, Australia: ASCE Publications.

This book shows how to prevent crises on construction projects and when crisis is inevitable, how to turn it to advantage. It challenges the readers to think about projects in new way, using contemporary research from crisis management, risk management, psychology, and the behavioral sciences.

• Moffitt, Michael L.(Editor) Bordone . Robert C. (Editor), (2005) The Handbook , of Dispute Resolution, New York, N.Y.:Jossey-Bass
• This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.

• Retik, A., & Langford, D. (1996). International Symposium for the Organization and Management of Construction, Glasgow, U.K: Spon Press (UK).

This book represents a collation of wide ranging ideas and theory about construction and how research has contributed to the development of industry on a global basis. The volumes cover four main themes viz managing the construction enterprise, managing construction project, managing risk and managing construction information.

• Riley, O. (1984).  Reducing construction conflicts between highways and utilities, Washington, DC:  Transportation Research Board.

The author describes the importance of communications between utility and highway companies in order to avoid construction conflicts, which are estimated to be as much as $120 million per year in highway claims.  Several methods are suggested to enhance the communications between agencies and companies such as pre-bid meetings with contractors.  The concentration is to build communication bridges to avoid contract delays which turn into claims. 

• Ronco, Jean S., & Ronco, William C. (1995).  Partnering manual for design and construction, New York, NY:  McGraw-Hill Professional.

The authors have provided a complete reference manual to design your company’s own partnering program.  Included are forms, templates, sample charts, and agendas.  Detailed case histories enhance the information provided to help guide you to complete a successful program and overcome problems.

• Sakal, M. (2004). Constructing Projects in a Dynamic Environment: A Focus on Relational Contracting, Berkeley, CA:University of California Berkeley.

This article shows the many reasons for conflicts in construction industry. The article tries to determine the causes of declining trust, being very complicated topic which is affected by different factors. 

• Sheridan, P. (1999). Construction and Engineering Arbitration, England, U.K: Sweet & Maxwell.

This book provides a guide to the law, practice and procedure relating to arbitration of disputes in the building and engineering industries in England. It comments on recent legislation, as well as current standard forms, and includes a full section on international arbitration. It covers all aspects of the arbitration process and adjudication in building and engineering. Discusses the drawbacks and advantages of arbitration and examines alternative methods such as expert determination, analyses relevant case law, appendices include the Arbitration Act 1996 and other important procedural rules and legislation.

• Shumacher, L. (2004). Dispute Resolution - Is There a Right Way?,Cost Engineering, Vol.46, Iss. 6;  pg. 6, 2 pgs, Morgantown, WV: American Association of Cost Engineers.

A lawyer once observed that all construction disputes have one thing in common: they are ultimately resolved either by surrender, compromise, or litigation. How we choose to resolve our differences, however, is often something we can control. Because this choice can have a significant affect on what your project will ultimately cost, it requires careful deliberation. Three suggestions that help contractors and owners avoid an ugly scenario are discussed: 1. Contractors - spend the time to make your claim convincing the first time. 2. Owners - if the claim has merit, recognize it will probably be proven some day. 3. If possible, agree to structured negotiations - or if necessary, mediate.

• Stedman, B. (1999). A Multi-Option System Helps Get to the Bottom of "Big Dig" Conflicts, NY, U.S.A: Plenum Publishers.

This article presents Boston’s massive Central Artery/ Harbor Tunnel construction project, known as the Big Dig, as demonstrating the effective utilization of a comprehensive multi-option dispute prevention and resolution program that addresses potential and real conflicts throughout the life of a mega-construction project.

• Tennant, S. (2003). Something for Nothing!, Hong Kong: Hong Kong International Arbitration Centre.

This is a brief article about Hong Kong Mediation Council’s implementation of a new Pro-Bono Mediation Scheme for the Construction Industry.

• Vollmer, M., & Grann, H. (1998). Large-Scale Constructions in Coastal Environments: Conflict Resolution Strategies,U.S.A: Springer Verlag Publisher.

In this book major construction projects are reviewed. The aim is to present case studies or topics which would stimulate discussion within the areas of environmental policy, economy, ethics or science. By carefully balancing the needs and interests of all involved stakeholders and by observing basic ethical principles, it is possible to resolve the conflicts and to proceed towards constructive cooperation with commonly accepted environmental objectives. The book further contains the key conclusions and recommendations resulting from the "First International Symposium on Large-Scale Constructions in Coastal Environments".

• Winograd, D., & Milton, K. (2000). Construction of Conflict: A Microethnographic Study, Long Beach, CA: Association for Educational Communications and Technology (AECT) International Convention.

This paper explores the ways in which the perception of a real-time classroom exchange serves as the conduit to a grander socially constructed conflict through the mediation of an asynchronous online list serve. Findings indicate that in the absence of mediation by the central characters being discussed, the discourse elements of declaration, hedging, and flaming, in the construction of this online conflict, emerged as the primary engines that propelled the conflict forward and finally to its resolution. The attributes of restatement, set-up, transition, and attack emerged as the salient features used by students as they constructed a conflict reality that was quite different in the virtual space of communication than it was in the physical classroom. It also includes a list of forms of hedging.