Peter Fenn

Rigour in research and peer review

This note discusses rigour in research and in the peer review of academic journals by examining current research into construction conflict and disputes. Comments are made on a paper by Alkass, S., Mazerolle, M. and Harris, F.C. (1996) Construction Management and Economics, 14, 375-394. The paucity of research in this field is discussed and the current literature is reviewed. The note concludes that: more work is required in this area; the lack of data is no excuse for subjective theorizing; basic rules of research must be complied with for research to retain its integrity; and the value of peer reviewed journals is reduced by the publication of papers which ignore these points.

Alternative dispute resolution in Palestine: the myth and dilemma of construction mediation

Purpose This paper aims to investigate the use of alternative dispute resolution (ADR) techniques in the Palestinian construction industry. It also seeks to identify some of the drivers and barriers to the greater use of particular ADR techniques. Design/methodology/approach In this study, 12 semi-structured in-depth interviews were conducted with senior ADR practitioners comprising nine construction professionals, two eminent lawyers and a retired judge. Findings This research has explored the practices of mediation, adjudication and expert evaluation in the Palestinian construction industry and has identified deficiencies in implementation and the roles that the cultural and legal contexts play in this. The research findings cast some doubt on the results of previous studies asserting the widespread use of construction mediation. Originality/value This paper contributes to knowledge by bringing new insight into the practice of particular ADR techniques in the Palestinian construction industry and in identifying challenges to the more widespread adoption of these ADR techniques. This paper exposes the myth of the popularity of construction mediation and the dilemma to the use of mediation brought by the social construction and conceptualisation of the mediator’s role.

A comparison of the suitability of FIDIC and NEC conditions of contract in Palestine: A perspective from the industry

The standard forms of construction contract are receiving greater attention in the management of projects scholarship as they probably influence the project success and project disputes. The extant literature suggests that the standard forms of construction contract are one of the top sources of disputes. The purpose of this paper is to examine the effectiveness of the standard forms of construction contract, FIDIC and NEC, in reducing disputes in the Palestinian construction industry.,The researchers have used qualitative methods to collect data and more specifically have undertaken 12 semi-structured interviews.,The study reveals that the standard forms of construction contract can be a tool to minimise disputes, but certainly not to eradicate them, and NEC appears to be more capable than FIDIC to do so.,This study contributes to knowledge by bringing an industrial perspective into the role of standard forms of contract in disputes creation and avoidance. The interviewees, recurrent users of FIDIC contract, criticised certain features and expressions and proposed some solutions.

Human research ethics – is construction management research concerned?

Abstract Construction Management Research (CMR) depends upon human beings participating in research, the quality of treatment of participants having direct effect on the quality of their participation, in turn that of the research itself, making treatment of humans and the ethical dilemmas that can ensue an important area of competence for CM (Construction Management) researchers. Does the growing field of CMR demonstrate appropriate concern for human research ethics? Evidence of typical CMR research is taken from the online Cooperative Network for Building Researchers (CNBR), particularly a search for “informed consent” collateral. It was found that there was little concern with human research ethics, which we argue is also evident in the lack of research on this matter in CMR-related literature, or any reference to these matters in the relevant professional and institutional bodies. Reasons as to why this might be are proposed. The consequences of the apparent level of concern are that participants can be exposed to “wrongs”, despite pressures for compliance from institutional ethics boards. However, the discipline of critically evaluating human research approach through a framework of ethical considerations is not only morally correct, at least according to the morality that is concerned for consequences to participants, but is also objectively useful to researchers, improving the reliability and validity of their research and lowering barriers to participation.

Introduction to Building Procurement

I have been involved in the procurement of building work for more than 30 years: as student, practitioner, researcher, lecturer and, unfortunately, the resolver of disputes flowing from procurement. I never understood what all the fuss was about with procurement and I hoped this book might help me. It did and it did not. The publisher’s puff told me: ‘The procurement stage of the building process is critical to the success of any building project, and as such must be understood by everybody entering the industry.’ Like motherhood and apple pie it is difficult to argue against that. I hoped that an Introduction to Building Procurement would set the scene and provide the definitions I crave. I looked in vain for definitions. Procurement is a strange word and until relatively recently it would have been applied to less salubrious things than building work (some of you whisper ‘there are less salubrious things than building contracts?’) What does procurement mean? This book fails to tell the reader. It claims in Chapter 3 to have established the concept of building procurement, it has not; again the reader might look in vain for the concept. Then the book looks at the evolution and the level of use of procurement systems in the modern era. Where does this book sit in the literature about procurement? Of course there is a rich and sophisticated literature and it would be churlish to point to any one item of that literature which is missing. But I do not believe that the literature on procurement started with the work of Jack Masterman (1992) and these authors ignore much valuable work by believing that it does. As reference for my claim I offer any of the works by Ronald Coase which led to a Nobel Prize; perhaps the best known is Coase (1937) widely known as ‘The nature of the firm’. This introduces another issue: how can any text on procurement not deal with transaction cost economics? This book deals with building procurement as an activity which changed from the so-called ‘traditional’ (where an architect designed everything) to so-called ‘modern or alternative’ (where the traditional roles are eroded in many ways). There is nothing wrong with that, it simply represents one viewpoint. I expect more of a reference book, and this is a substantial book: 262 pages. Later I will argue that 262 pages at £25 represents value for money, so don’t read into my comments a poor review; it just seems that a book such as this might present a more analytical treatment of the topic. I want to say a little more about procurement in building; and this is my personal opinion. Building academics often discuss procurement in isolation as if their industry is alone in dealing with procurement. It is not and I think that this ‘isolationism’ can be a bad thing. I recognize the argument that the building (or construction) industry has many features which are not present in the same mix in other industries. But that does not excuse the avoidance of other thinking. In 1978, well before the majority of the building literature, Harvard Business Review (Corey, 1978a) published a seminal work about the strategic decisions of procurement. The same year the same author Corey (1978b) published a book on procurement, surely not the first. Corey wrote:

Mediation in the Construction Industry: An International Review

This book is written by two academics. Its stated aim is to identify the emerging practices within construction mediation and to seek solutions to the many legal and commercial challenges facing mediation development. The editors claim that the book achieves the aim by the production of an international collection of monographs. This reviewer agrees it does. But the question has to be to what effect; why? The countries included are an eclectic mix: Australia, Germany, Hong Kong (SAR, China), Malaysia, New Zealand, South Africa, Turkey and England and Wales. I need to be clear from the start; I am a fan of books like this: international comparisons. There is much to be learned from other disciplines and the law has developed this into a discipline in its own right: comparative law. Comparative law is the study of differences and similarities between the law of different countries and it involves the study of different legal systems throughout the world. Of course globalization has increased the importance of comparative law. There are several texts in construction which use this comparative technique: e.g. liability and insurance (Knocke, 1995), conflict and dispute (Fenn et al., 1998) and now, mediation. However, there are problems with the comparative approach; here the most important is that comparative law requires a holistic approach, i.e. the study looks at the legal system in its entirety. It is difficult to consider individual sections of the law, because other areas, not considered, might be influential. Individual techniques, as is the case here with mediation, are difficult to consider in isolation from other areas. The earlier examples of this genre, Knocke (1995) and Fenn et al. (1998), both include detailed guidance produced by the editors to the contributors. This book does not seem to do this, and the variation in the national monographs makes useful comparison difficult. The problem with books such as this is that they end up as a potpourri and fail to facilitate meaningful comparison. This book tries hard to avoid this; the editors provide a discussion chapter and attempt to summarize the national monographs. The natural reaction from the reader is to demand a summary but perhaps this is just too complex a subject to summarize in a readily digestible manner. The summaries are the national monographs themselves and that is the minimum which can be achieved. A further problem is that it plays into the hands of the critics who say that mediation is not real law; it is not a viable subject in its own right and that it stretches what theory there is very thinly indeed. As an example: why such concentration on adjudication? Adjudication is not mediation. At one point the introduction describes a variety of dispute resolution techniques; there is no attempt to be exhaustive but the editors include expert witness. Quite how expert witness constitutes a common method of resolving disputes in the construction industry escapes me. Is it a book about mediation for construction professionals or is it a book about construction for mediation professionals? The book does not achieve either. So this is one for your shelf if you are interested in mediation in various countries; but it is not a mediation book.

Book Review: Development and the law: a guide for construction and property

For a long time now the books on construction technology have been pretty dry and rather dull. However, the established construction textbooks are consistent, updating the well-tested but rather traditional details in an attempt to disseminate the latest guidance and amendments to the Building Regulations. Although many technology books have had multiple editions, essentially the ‘building studies’ type books have not changed, being filled with two-dimensional drawings that have been slightly modified over time. Most of these books are bland and do struggle to capture the interest of the new market of students and construction professionals. Furthermore, few of these publications properly address the fundamental issues that are affecting the products, techniques and processes used today. Building in the 21st Century has taken a bold step: it’s glossy, colourful and it introduces new material that clearly does belong to the 21st century. Although it is an introductory book, current issues of practice, technology, sustainability and environment are given proper consideration. The book has a style of its own, all of the technical details and photographs are in colour, providing a more lively and interesting presentation. The coloured photographs are much easier to read than the monochrome images used in the competing books. Interpreting black and white photographs of construction details can be difficult for even the most experienced professional, whereas good colour photographs are far more amenable and convey considerably more information to the reader. The combination of clearly annotated colour drawings and photographs really does increase the chance of the reader developing understanding of the technology. The section on energy is particularly impressive. A good spread of renewable energy sources are covered in some detail supported with diagrams and calculations that will help students and professionals gain a better understanding of the technology and their potential. The energy section is timely; almost all construction courses now consider some aspect of sustainability and the environment as part of their core curriculum. Being so up to date this book lends itself to the recommended or essential reading list of most courses. It is an excellent introduction into modernday construction. The biggest criticism of the book is that it cannot be all things to all men. At the moment it covers surveying processes, topographical surveys, building surveying, foundations, walls, floors, stairs, roofs, construction techniques, site issues, construction and the environment, energy and utilities. Although all sections are informative and have good coverage of the key issues, as the book grows with subsequent editions it will be difficult to contain them in a single publication. Given the comprehensive nature and size of the publication, at just over 500 pages long, it is good value at £24.99. Currently the book is suited to, and aimed at, those in further education, first year undergraduates and those just entering the industry. However, it has certain elements such as ‘Construction and the Environment’ and ‘Energy’ that lend themselves as good introductory material for experienced professionals who are having to catch up with latest thinking and worldwide agendas. In the preface, justifying the need for a new construction publication, the author notes that ‘the industry has changed, there are new challenges such as global warming and climate change’. The book is clearly written to address such change. While the author predominantly uses the book to address the needs of BTEC/Edexcel and GCSE students, the outdated approach that many other publications continue to adopt means that this book may well be used by professionals updating their knowledge or as part of continuing development courses. Some traditionalists will not like the colour details. Being critical, the fill and rendering used in the drawings is random, standard hatching has not been used. Although this does reduce the technical accuracy of the drawings, most of the details are easily read and understood. Those new to the industry will probably adopt this book in preference to existing publications. If the subsequent issues continue to maintain pace with the environmental and sustainability issues this book will become a core text for many courses. As it expands, the ‘surveying’ and possibly some of the more Construction Management and Economics (February 2008) 26, 197–200