Resolution Of Construction Disputes By Lagos State Multi-Door Courthouse (LMDC)
Oke, A. E. and Lawal, H. O.
Alternative Dispute Resolution (ADR) methods can be used in multiparty disputes to reach an agreement that is fair to all parties in an atmosphere of cooperation and mutual respect and this can help to restore relationship while advancing the interests of the parties. The Lagos State Multi-Door Courthouse (LMDC) law was promulgated in 2007 to create a legal framework for the operations of the LMDC and the proper environment for the fulfillment of its overriding objectives and to make LMDC a vital part of the judiciary of Lagos state, Nigeria in the resolution of disputes through ADR techniques. This study assessed the performance and the effectiveness of the Lagos state Multidoor Courthouse in terms of the cases referred to it, the techniques in resolving the cases, as well as the time and cost implication of the cases. In order to arrive at reasonable conclusion, data collection sheet was used to collect past record and historical data from the Lagos State Multi-door Courthouse and this data were subjected to statistical analysis using descriptive (mean, media, mode) and inferential (ANOVA) statistics. It was observed that most cases referred to the court were from individual or one party to the dispute. The study shows that the most frequent dispute resolution method used by the court is mediation and arbitration. It further shows that the court saves time and cost when compared to the judicial proceedings. It was concluded that instead of the traditional "mono-door" technique of litigation leading to the courtroom, the Lagos State Multi-door Courthouse has alternative and supplementary door or option which is closely related in term of time and cost by which disputants can resolve their disputes. The study finally recommended that Alternative Dispute Resolution methods (ADR) should be included into the conditions of contract for construction projects as a primary means of resolving dispute.
Alternative Dispute Resolution (ADR), Cases, Construction, Disputes, Lagos State Multi-Door Courthouse (LMDC)
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Research Articles
Factors Influencing Delay In Construction Projects : A Case Of Mumbai Metro Project
Hitendra R. Gavhale and Hariharan Subramanyan
Delays are attributed to various factors in construction projects. Objective of the research is to study specific schedule impact scenarios on a single project and derive lessons based on past delays. This work is an outcome of a research carried out for two years, i.e. 2010 to 2012. Mumbai Metro Rail Project (MMRP) is taken as case study and significant findings are recorded in this paper. The source of delay, cost of delay and methods to mitigate delays are studied. Many factors are found to influence delay which are quantified here with the help of Likert scale and Ranking Index (I). MMRP is a prestigious and most awaited 12 Km elevated corridor facility launched by Mumbai Metropolitian Regional Development Authority (MMRDA) connecting Versova - Andheri - Ghatkopar on the western suburban region of Mumbai and shall significantly contribute in reducing the travel time to 20 minutes instead of present one and half hour's commute on road between Andheri and Ghatkopar. Estimated at a total cost of 2400 crores with base duration of 22 months, the project faced a number of delays which resulted in five extensions at various stages and is expected to complete by 2014. This study includes delay associated with construction work of twelve station structures only which were originally estimated at a base cost of Rs 226.3 crores. The paper briefly discusses some significant observations as how some of the delays could have been reasonably predicted and claims mitigated. The study records the findings as lessons learned for future projects.
Selection of a pipe is one of the important tasks in any big water distribution projects as it is influenced by many factors like cost, durability, maintenance, availability, strengths, hydraulic efficiency, etc. There is a trend that only hydraulic efficiency and cost factors are considered in the selection procedure of a pipe particularly in public projects. Project executives face the difficulty to arrive at a reasonable decision considering all other important influencing factors. Different varieties of a pipe are available in the market with diverse properties; hence it becomes difficult to choose a particular type of pipe considering all parameters having importance. Authors of this paper present a simple methodology to make the selection of a pipe on multi attribute decision making approach in place of the existing practice. The detail properties of various pipes are collected and compiled through a market survey. In order to select a pipe, two simple optimization methods, Simple Additive Weighting (SAW) and Weighted Product Method (WPM) are used. A brief illustration of how to apply these methods described in the paper is given. This study will be useful as a decision making tool for the practicing engineers especially dealing with building up of water distribution systems.
Simple Additive Weighting, Weighted Product Method, Compressive Strength, Working -Pressure
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Research Articles
Improving Labour Productivity Through Low Cost Working Platform
S. Kamal, D. Kamal Nataraj, and A. K. Ramakrishinan
In general, the construction of building starts from the substructure and it is observed that the productivity of a construction labour gets lower when the work progresses at about 5 feet level from the floor level. In this case, the worker needs to work on temporary scaffolding where the materials have to be shifted from floor level to the required elevation along with construction equipment. Works at height lead the labourers to a disturbed mindset about their safety and belongings which directly affect the productivity in quality and quantity. To avoid such unnecessary situations, a structurally rigid working platform is required which could reduce the construction cost. An innovative instrument is required which would fulfill all the following terms and conditions: l It should be more economical than other options like scaffolding l Structurally rigid l Sufficient for material storage to ensure continuation of the work l Should have enough space to keep the construction tools and minor equipment l Should be portable By analyzing all the above conditions, a working table was designed for this study and was utilized in various construction activities. Results of the study reveal significant changes.
Labour Productivity, Working Platform
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Research Articles
Implementing Eichelay Formula In Govt. Construction Projects
Ch. Mahesh and B. Ramkaran Reddy
In India, construction is the second largest economic activity after agriculture, and will account for nearly 65% of the total investment in infrastructure sector in the next five years. Investment in construction industry accounts for nearly 11% of India's GDP. In general, construction projects are executed through contracts which are complex and not easy to comprehend even by experienced professionals. With advancement in technology and huge requirement of infrastructure in developing countries like India, there will be a huge increase in size and complexities of the nature of projects. This gives rise to ambiguities in the prevailing contracting methodologies eventually making contract documents more complex and difficult, causing adverse impacts such as increase in number of claims and disputes besides time and cost overruns. Studies and research on the problems of the construction industry have pointed out some fundamental causes of project failure; one of which is the proliferation of claims, disputes and litigations in the construction industry. To overcome this scenario, it is essential to develop a system that can assist the contract administrators to understand and evaluate the worth of their claims prior to taking it for litigation. The long gestation periods and the thin spread of resources are the main reasons for delay in completion of a number of ongoing projects. An attempt has been made here to introduce Eichelay formula to achieve this objective in case of disputes arising out of Time Delay and Extensions. Considering the above facts in the construction industry with reference to some specific government projects, a study has been carried out.
Contracts, Contract Administration, Arbitration, ADR, Eichelay Formula
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Research Articles
Streamlining The M & E Of Land Acquisition And R & R In Large Infrastructure Projects Using IT
Ramakrishna N.
Land Acquisition (LA) and Rehabilitation and Resettlement (R&R) are becoming increasingly critical to the successful execution of large infrastructure development projects. In the case of public funded/executed infrastructure projects, the major problems, issues and delays are related to LA and R&R of affected people. The difficulties of LA and R&R for infrastructure development projects in some of the States like Karnataka (Airport project) and Andhra Pradesh (ORR project) has stalled their development. The proposed LA and R&R Bill 2011 only proposed greater entitlements and adjudication mechanisms to the people. However, what is more important is that these processes need to be transparent, make speedy payments and resolve the disputes so that the resistance of land owners and communities is minimised. Information Technology (IT) can be leveraged to build such online M&E systems that streamline the processes and achieve the above goals. This case shows how such an online M&E system developed in Andhra Pradesh leveraging IT can improve the LA and R&R process of infrastructure development projects. The issues emerging in the context of it are also discussed at the end.
Acquisition, R&R, M&E System, Process Streamlining and Infrastructure Projects
Research & Publications Department 