2024 CONFLICT RESOLUTION 2024
TECHNICALUNIVERSITY
OF KENYA
GROUP 2
THE TECHNICAL UNIVERSITY OF KENYA
SCHOOL OF CONSTRUCTION AND PROPERTY STUDIES
DEPARTMENT OF CONSTRUCTION ECONOMICS AND MANAGEMENT
BACHELOR OF CONSTRUCTION MANAGEMENT
ASSIGNMENT
GROUP 2 LIST
1.ISAIAH AHONO
2.IAN OMONDI
3.BRANDON KIMATHI
4.HENRY KABOGO
5.DAVIS OCHOKI
6.SHOWN ANDATI
7.SAMUEL MBAU
8.ROSE WAMAITHA
9.FELIX ONYANGO
10.MICHEAL KARIUKI
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CONFLICT RESOLUTION 2024
Conflict theory and resolution are important concepts in the field of construction, as conflicts and
disputes can arise between various stakeholders and have a significant impact on the project
outcomes. The conflict theory suggests that conflicts and disputes are a natural and inevitable part of
human relationships and can arise from competing interests, perceptions, and goals.
Conflict resolution is the process of resolving these conflicts and reaching a mutually acceptable
agreement.
HYPOTHETICAL EXAMPLES ON CONFLICT THEORY AND RESOLUTION IN RELATION TO
CONSTRUCTION,
Approach-Approach conflict
Approach-Approach Conflict, also known as "win-win conflict," is a type of conflict that occurs in
construction when two or more parties have different goals but both want to achieve their
goals. This type of conflict is characterized by cooperation, compromise and mutual gain, rather than
competition and compromise.
Example.
a) Client and Consultants.
Client's budget vs Designer's concept in a construction project.
The Client may have limited budget for the construction project, while the Consultants may wan to
design a building that is more complex and expensive. The client may have to choose between a more
expensive design and a less expensive design that meet their aesthetic preferences.
b)Clients and contractors
A client is planning to construct a new rental apartment and engages a contractor. The
contractor presents two design proposals that meet the client’s requirements. The first
design embraces the use of sustainable materials that aligns perfectly with the client’s
environmental values. The second design promises a relatively shorter construction period,
addressing the client's urgency to start using the space. This places the client and the
contractor in a challenging position, between two equally attractive options. However, by
carefully analyzing the client's priorities, a viable decision can be made.
Case Study: Conflict Theory and Resolution in Approach Approach Conflict between
Client andConsultant.
In construction industry, conflict theory approach approach often arises between client –consultant
dueto differing, competing priorities and objectives. Both parties have desirable options but must
choose between them. Let study project like Rental apartment building for the Technical University
of Kenya and consultant be A Construction Management firm responsible for Design and Project
Management.
Conflict emerged when the client and consultant each proposed two equally appealing design
conceptsfor the apartment; both options have their merit leading to stalemate. Again client wants
to complete quickly to capitalize on market opportunities while consultant prioritizes quality and
safety leading to potential delays.
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CONFLICT RESOLUTION 2024
Resolution strategies
Both parties should employ open communication where they establish regular meetings to
discuss timelines, expectations and concerns. Then they should have a Collaborative Planning to
create a jointproject timeline that incorporate both speed and quality, identifying critical
milestone. Again they should compromise solutions by exploring options like phase construction
to meet deadlines without sacrificing quality. Finally consultant should engage Prototyping and
visualization by creating 3D rendering and virtual work through of both designs to allow client to
visualize the outcome more effectively and help clarify preferences.
Outcomes
The Open communication and collaborative planning reduced tensions between client and
consultant. By prototyping and visualization, client felt more confident in making an informed
decision and finally the client chose a hybrid design that incorporated elements from both
proposals, satisfying both partiesobjectives.
Conclusion
This case study illustrates how approach approach conflict can arise between client and consultant
in construction industry when both parties present appealing options. By conflict theory principles
such asrecognizing power dynamic and emphasizing effective communication, conflict can be
navigated successfully. Collaborative resolution not only addresses immediate concerns but also
strengthened relationship emphasizing on joint decision making.
Here are some steps to resolve Approach-Approach conflict in construction through Negotiation as
a Construction project Manager.
1.Clearly define the problem
Identify the specific issues causing the conflict and ensure that both parties understand each other's
positions.
2.Identify common goals.
Look for areas of common interest and find ways to align the interests of both parties. Brainstorm solutions
Encourage both parties to generate a range of possible solutions, including compromise and creative
contions
3.Evaluate the options
Assess the feasibility and impact of each solution and identify the best course of action. Negotiate the terms
Use a win-win approach to negotiate the terms of the agreement and reach a mutually acceptable solution.
4.Implement the agreement
Ensure that both parties fully understand the agreement and take steps to implement it. Monitor the
agreement
Regularly review the agreement to ensure that it is being followed and to make any necessary .
2)Approach-Avoidance conflict
The Approach-Avoidance conflict in construction occurs when a construction project presents both
attractive and unattractive aspects, making it difficult for the parties involved to make a decision.
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i)Dispute over Project Delays between the consultant and the contractor and solving using approach
avoidance method
The approach-avoidance method in conflict resolution refers to addressing disputes by focusing on the
mutual gains and losses of each party, often seeking compromises or balanced outcomes.
A contractor claims delays are caused by incomplete or unclear designs provided by the consultant, leading
to additional costs. On the other hand, the consultant argues that the contractor did not raise concerns early
enough and failed to follow the initial design timeline.
Approach-Avoidance Solution:
Both the consultant and contractor agree that the project’s completion on time and within budget is the top
priority. The contractor shares evidence of unclear designs, and the consultant reviews the timeline to
identify points where the contractor should have raised queries. They can bring in a third-party mediator to
help evaluate where both sides may have valid points. Both parties agree to avoid further accusations or
legal action, which would escalate the conflict and delay the project further. Instead, they agree to resolve
the issue through negotiation, focusing on resolving the immediate issue rather than dwelling on past
misunderstandings. The consultant agrees to revise the design promptly. In return, the contractor agrees to
absorb part of the costs associated with delayed feedback and ensures that future communication will be
more proactive. They establish a streamlined communication protocol for identifying and addressing any
design or construction concerns in real-time to prevent future delays. Regular meetings are scheduled to
track progress.
Resolution
The dispute is resolved through compromise, and both parties avoid further losses by preventing escalation.
The relationship between the consultant and contractor is preserved for future collaboration. This method
combines approach (focusing on problem-solving and shared goals) with avoidance (steering away from
actions that would worsen the conflict or harm the relationship).
ii)Client and contractors.
In construction, such a situation might arise between numerous parties in a project, an example being the
client and the contractor. The contractor might want to do something, say using high quality materials or
certain trusted brands whose cost is relatively higher in comparison to market alternatives. An approach
avoidance conflict could arise here in that the client would enjoy quality guarantee but would have to suffer
extra cost for said quality. Another example is the client making a huge change in the design of a building
with little time left to the handover date of the project. The client would enjoy the desired design on their
part, while the contractor would be worried about beating the deadline to avoid contractual penalties of
failing to do the same, hence why the scenario would probably lead to disagreement between the two.
Approach avoidance conflicts arise where situations occur that offer benefits to a party while
disadvantaging another party or where a party is faced with having to weigh benefits and losses of a choice.
The key to solving such is open communication, being realistic in expectation and being willing to
compromise where reasonably possible.
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3)AVOIDANCE-AVOIDANCE CONFLICT
This is a conflict where a person has difficulty choosing between two unfavourable options.
Or when a conflict occurs between two people and the options available are negative to both parties.
In the construction industry,such conflicts can occur between various project stakeholders including
clients and consultants.
For instance,
A client may complain of high costs of reinforcement bars and decline to pay the stated amount.this
creates a conflict between them and the structural engineer of the project.
The structural engineer is then left to choose between redesigning the whole project or walking away
if the client refuses to cooperate after explaining that its necessary for the structural safety of the
building.
The client then has to choose between paying the high costs or dragging out the timeline of the
project
Example.
Design consultants and Contractors.
Safety vs Quality as a dispute in construction project.
Consultants may have to choose between making design decisions that prioritize safety but may result in
increased costs, or making design decisions that prioritize cost-effectiveness but may compromise safety.
Contractors may have to choose between taking the necessary time to ensure a high-quality construction
that meets all safety requirements, which could result in delays and increased costs, or rushing the
construction to meet the schedule, which could result in compromising safety and quality.
Here are the steps involved in resolving Avoidance -Avoidance conflict in construction through Mediation as
a construction project manager.
1.Selection of Mediator
The parties involved in the conflict select a neutral third-party mediator to assist in resolving the dispute.
The mediator should have experience in construction mediation and a good understanding of the industry.
2.Preparation
The mediator prepares for the mediation by gathering information about the conflict and the parties
involved.
3.Opening Session
The mediator conducts an opening session with the parties to outline the process and the role of the
mediator. The parties also have an opportunity to state their positions and what they hope to achieve.
Dispute
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4.Private Sessions
The mediator meets privately with each party to discuss their concerns, interests, and goals. The mediator
may also ask the parties to provide additional information or documents to help with the mediation.
5.Joint Session
The mediator conducts a joint session with the parties to help them understand each other's perspectives and
find common ground. The mediator may also suggest potential solutions
6.Negotiations
The mediator facilitates negotiations between the parties to reach a mutually acceptable resolution.
In the context of consultants and contractors in the construction industry, avoidance-
avoidance conflicts can arise in a scenario, such as:
1. Quality vs. Cost Dilemma:
- Consultants may face a conflict between recommending high-quality materials or construction
techniques that could increase costs but ensure durability and safety, and recommending lower-cost
options that may compromise quality but meet budget constraints.
2. Adhering to Regulations vs. Meeting Timeline:
- Contractors may face a conflict between adhering strictly to building codes and regulations to
ensure compliance and safety, which could lead to delays and increased costs, or cutting corners to
meet project deadlines and avoid financial penalties, risking the safety and quality standards.
3. Client Satisfaction vs. Ethical Concerns:
- Consultants may face conflicts between satisfying client demands, such as cost reductions or
design changes that may compromise structural integrity or violate ethical standards, forcing them to
choose between meeting client expectations and upholding professional ethics.
4. Contractual Obligations vs. Unforeseen Circumstances:
- Contractors may face conflicts between adhering strictly to contract terms, which may involve
penalties for delays or changes, and responding to unforeseen circumstances like adverse weather
conditions or supply chain disruptions that could impact project schedules and budgets.
5. Risk Management vs. Innovation:
- Consultants may face conflicts between recommending tried-and-tested construction methods to
mitigate risks and ensure project success, and embracing innovative but unproven technologies or
techniques that could enhance efficiency but carry higher risks of failure or cost overruns.
In each of these examples, consultants and contractors must navigate between two undesirable
options, balancing competing interests, priorities, and constraints to make decisions that align with
project
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REFERENCES
JBC, Kenya. April, 1999 Edition.
McManamy, R. (1994). Industry pounds away at disputes. Engineering news record, 24. Zikmann R.
(1992). Successful Conflict Management. E & FN Spon
Thomas, K.W. (1992), Conflict and conflict management: reflections and update: Journal of Organizational
Behaviour, 13.
Fenn, P. & Gameson R. (2003). Construction conflict management and dispute resolution. E & FN Spon.
Burton, J. (1993), Contribution to Conflict Resolution Theory and Practice: A Personal View by Dennis J.D.
Sandole.
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