Legal Topics at the Fourth European and Mediterranean Structural Engineering and Construction Conference

The International Structural Engineering and Construction Society (ISEC) and the Leipzig University of Applied Sciences (HWTK Leipzig) held the Fourth European and Mediterranean Structural Engineering and Construction Conference (EURO MED SEC 4) successfully in Leipzig, Germany, from June 20 to June 25, 2022. The conference, supported by the American Concrete Institute (ACI), allowed presentation and exchange of new ideas, knowledge, and experience among academics, engineers, entrepreneurs, and architects from all over the world. It provided a platform for the discussion of the challenging developments in civil and structural engineering.

Under the theme of state-of-the-art materials and techniques in structural engineering and construction, the proceedings included 128 papers from 37 countries. The published manuscripts underwent an intensive peer review, which ensured high quality of the papers. Besides research in sustainability issues, development and application of innovative building materials, advanced digitalization and automatization of construction processes, and much more, legal topics that fell within the scope of the Journal of Legal Affairs and Dispute Resolution in Engineering and Construction were presented.

Conference participants provided their newest research results in the field of construction disputes, (alternative) dispute resolution, International Federation of Consulting Engineers (FIDIC) contracts, and claims and discussed issues in legal affairs in engineering and construction.

One paper (Hyari 2022) dealt with payment procedures under FIDIC contracts. The author analyzed payment provisions under the FIDIC Conditions of Contract for Construction (2017 Redbook) and included advance payment, interim payments, and final payment. The research results intended to contribute to reducing disputes between the contracting parties.

Two papers examined issues related to claims in construction contracts. Likhitruangsilp et al. (2022) analyzed the interdependences of the claim causes in construction projects by using interpretative structural modeling (ISM). The model represented a two-level hierarchy of the identified claim causes and their interdependences that allowed a deeper insight into the interaction of construction claim causes. Furthermore, it can help construction practitioners to manage their claims more efficiently. Awwad and Thabet (2022) illustrated how important consideration of claim causes and their interdependences is for effective claims management. After studying the effect of implementing sustainable management practices on claim mitigation in construction projects, they identified improved communication and collaboration among project stakeholders at early stages of the construction phase as helpful for significant mitigation of the occurrence of claims.

Four papers dealt with (alternative) dispute resolution. Provenzano and Iddas (2022) studied dispute resolution management in construction projects with the intention to find the more effective conciliation from the precontract phase to resolution phase. The analysis can help forecast potential conflicts between parties and minimize time and costs.

Mediation is one of the most frequently used alternative dispute resolution measures. Cao and Cheung (2022) presented their research results regarding pillars of successful mediation. The authors concluded that voluntary participation is a necessary condition to create a collegial atmosphere within the mediation process and to ensure the success of the mediation process.

Lin and Cheung (2022) submitted a paper about the intention to settle drivers of construction dispute negotiation. They identified six drivers of intention to settle, which are preparation, integration, goodwill, trust, commitment, and self-efficacy. After evaluating questionnaires, the authors concluded that negotiators having the intention to settle would avoid using aggressive negotiation behaviors to pursue amicable settlement.

Quapp and Holschemacher (2022) introduced a developed decision-supporting flowchart for selecting the appropriate dispute resolution measure in construction conflicts. The decision-supporting tool primarily may help smaller and midsize construction companies, which normally do not have easy access to legal advice, in deciding for a dispute resolution strategy.

All papers are available in open-access format as part of the Scopus-indexed Proceedings of International Structural Engineering and Construction on the ISEC press website (https://www.isec-society.org/ISEC_PRESS/EURO_MED_SEC_04/index.html).