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موجز عن البحث:
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The Kingdom of Saudi Arabia has witnessed
rapid economic growth in recent times. This has led to significant economical
development, particularly in the construction sector and more specifically,
in the field of construction projects, which has grown considerably. Despite
this impressive level of growth, the spectre of disputes between disputes
parties remains, both in the private and public sector. This paper aims to
shed light on this particular phenomenon, highlighting disputes in
construction projects in Saudi Arabia, which is a key issue and merits
discussion, given the predominant economic and strategic position of the
Kingdom in the Middle East. The researcher begins by charting the Kingdom’s
background, highlighting its demographics and geography. Saudi Arabia’s
economy is also assessed, by highlighting its economic diversification,
nature of investment, the nature of construction projects in Saudi Arabia,
method of purchases, and the types of current contracts in the country, as
well as examining the claims and disputes that typically occur, and the means
by which they are resolved. (The prevalent method of dispute resolution used
in the sector at present is litigation, which is widely used, in both the
private and public sectors. Finally, the researcher will discuss the Saudi
Council of Engineers and its Engineering Arbitration Centre, which resolves
disputes in the private sector through arbitration, and which also acts as a
resource in providing Expert determination to the court in the event of any disputes
involving litigation.
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ملخص المشاركة:
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In the last decades the
construction projects have been characterised with different form of disputes
despite effort made over the years in minimizing disputes to some extent in
Saudi Arabia. The study of disputes becomes paramount. The paper empirically
investigates the cause of disputes in construction project in Saudi Arabia
and also tends to evaluate the relationship between the avoidance, cause and
resolution approaches to disputes. The study applied quantitative approach
and questionnaire distribution was conducted via electronic mails in
web-based format by the use of program called Survey Monkey to conduct survey
based on the parties and disputes related issues in the construction project
in Saudi. Mean and percentage response analysis were carried out and plotted
graphically. The finding revealed that poor communication among parties to
individual and personal decisions and selection of contractors on the basis
of low prices instead of efficiency are the major cause of disputes. The mean
response rank indicates that organisation regular meeting with concern
parties leading to successful completion of a project with less disputes and
documentation of all the reports related to the project among the concern
parties result in disputes avoidance. Resolution of disputes in the
construction project in Saudi Arabia is attributed to other parties and
causing project disputes whilst external factors are the most influential
cause of dispute. The one sample test statistic confirmed that the cause,
avoidance and resolution of disputes are statistically significant in
construction project in Saudi Arabia though. The study indicated that cause
of avoidance and resolution of disputes are highly important in the
construction project in Saudi Arabia.
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