Disputes in Construction: Evaluation of Contractual Effects of ConsensusDOCS

Abstract

The construction industry is notorious for its litigious nature, where disputes among various stakeholders have long been considered the norm. Disputes adversely impact the cost and time of construction projects—two of the three constraints in the iron triangle of construction performance. Since a lack of understanding and improper administration of contracts have been labeled leading causes of construction disputes, this study, using a qualitative approach, examined the bearing of contractual language on construction disputes. This paper examines the narratives around the impact of the language used in ConsensusDOCS contracts to address five highly disputed issues in construction that were identified in another study. In order to accomplish this, semistructured interviews of ten professionals experienced in dispute resolution, who were identified through snowball sampling, were conducted. A thematic analysis of the transcribed interview responses was used to analyze patterns. The results provide varied perspectives on the impact of ConsensusDOCS contractual language on disputes, as well as suggestions that emerged as potential strategies to address disputes preemptively and effectively.