Project and Regulatory Control Strategies for Minimizing and Resolving Defects and Conflicts in the Low-Rise Residential Home-Building Process
Publication: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Volume 15, Issue 2
Abstract
Project and regulatory control measures implemented over the low-rise residential home-building process, the way the controls are distributed among participants, and the timing of the controls can influence defect incidences and the ability to resolve associated conflicts expeditiously. The specific purpose of the study reported here is therefore to provide insight into how defects and defect-related conflicts and disputes can be minimized via redistribution of the project and regulatory controls. Drawing on a conceptual framework developed using the theory of procedure and in-depth qualitative analysis of three disputed building defects cases, we discovered that in the current practice, the builder exercises a one-sided process and content control that often leads to issues during design, construction, and postconstruction in relation to defects. Process and content control by the owner is inadequate and ineffective and the control allocated to the building surveyors is also ineffective and untimely. Thus, defective work can easily occur and be covered unnoticed. Control strategies to strengthen the building surveyors’ and owners’ roles include (1) allocating them a greater process and content control via the mandatory appointment of a clerk of works by the owner and by making the role of building surveyors more independent, (2) the use of Internet of Things (IoT) data collection technology to provide owners and building surveyors a greater level of control and increase the transparency of the building process, and (3) the use of retention monies within the provisions of the contract so that where the builder fails to rectify any valid defects, the retention can be drawn by the owner to rectify such defects. This control will increase the incentive for the builder to attend to defect issues expeditiously and motivate change in behavior toward better quality. Although the proposed approaches might increase costs, they put the owner in a better position when compared with the current practice where most owners do not seek any remedy due to the economic and psychological costs involved.
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Data Availability Statement
All data, models, and code generated or used during the study appear in the published article.
References
List of Cases
Hooper v. Metricon Homes Pty Ltd. (Domestic Building) (2014) VCAT 277.
Softley v. Metricon Homes Pty Ltd. (Building and Property) (2014) VCAT 1502.
Watson v. Richwall Pty Ltd. (Building and Property) (2015) VCAT 1191.
List of Statutes
Domestic Building Contracts Act 1995.
National Construction Code (NCC) Series 2019.
Works Cited
ABCB (Australian Building Codes Board). 2019. “National construction code series.” In Building code of Australia. Canberra, Australia: Australian Building Codes Board.
ABS (Australian Bureau of Statistics). 2017. Building activity. Canberra, Australia: ABS.
Aibinu, A. A. 2006. “The relationship between distribution of control, fairness and potential for dispute in the claims handling process.” Construct. Manage. Econ. 24 (1): 45–54. https://doi.org/10.1080/14697010500226954.
Aibinu, A. A., L. Akin-ojelabi, and B. Gardiner. 2010. “Construction mediation in Australia.” In Mediation in the construction industry, 33–59. London: Routledge.
Atkinson, A. R. 1999. “The role of human error in construction defects.” Struct. Surv. 17 (4): 231–236. https://doi.org/10.1108/02630809910303006.
Auditor-General. 2015. Victoria’s consumer protection framework for building construction. Melbourne, VIC, Australia: Auditor-General.
Bell, M., J. Barbaro, J. Bates, and D. Ni Fhloinn. 2022. “Construction regulatory reform: Where to from here?” Int. Constr. Law Rev. 2022 (1): 144–168.
Chew, M. Y. L. 2005. “Defect analysis in wet areas of buildings.” Constr. Build. Mater. 19 (3): 165–173. https://doi.org/10.1016/j.conbuildmat.2004.07.005.
Chong, W.-K., and S.-P. Low. 2005. “Assessment of defects at construction and occupancy stages.” J. Perform. Constr. Facil. 19 (4): 283–289. https://doi.org/10.1061/(ASCE)0887-3828(2005)19:4(283).
Creed, W. E. D., and R. F. Miles. 1996. “Trust in organizations: A conceptual framework linking organizational forms, managerial philosophies, and the opportunity costs of controls.” In Trust in organizations: Frontiers of theory and research, edited by R. M. Kramer and T. R. Tyler, 16–38. Thousand Oaks, CA: SAGE.
Georgiou, J. 2010. “Verification of a building defect classification system for housing.” Struct. Surv. 28 (5): 370–383. https://doi.org/10.1108/02630801011089164.
Georgiou, J. 2016. “Legislative control and the quality of housing in Victoria.” Ph.D. thesis, Faculty of Architecture, Building and Planning, Univ. of Melbourne.
Georgiou, J., P. E. D. Love, and J. Smith. 1999. “A comparison of defects in houses constructed by owners and registered builders in the Australian State of Victoria.” Struct. Surv. 17 (3): 160–169. https://doi.org/10.1108/02630809910291343.
HIA (Housing Industry Association). 2017a. “Building approvals: The profile for residential building approvals by type and geography.” In HIA economics research note–February 2017. Canberra, Australia: HIA.
HIA (Housing Industry Association). 2017b. Contribution of the housing sector to the Australian economy. Canberra, Australia: HIA.
Ilozor, B., M. Okoroh, and C. J. Egbu. 2004. “Understanding residential house defects in Australia from the State of Victoria.” Build. Environ. 39 (7): 327–337. https://doi.org/10.1016/j.buildenv.2003.07.002.
Love, P. E. 2002. “Auditing the indirect consequences of rework in construction: A case based approach.” Manage. Auditing J. 17 (8): 138–146. https://doi.org/10.1108/02686900210419921.
Love, P. E., Z. Irani, and D. J. Edwards. 2004. “A rework reduction model for construction projects.” IEEE Trans. Eng. Manage. 51 (4): 426–440. https://doi.org/10.1109/TEM.2004.835092.
Love, P. E., and H. Li. 2000. “Quantifying the causes and costs of rework in construction.” Construct. Manage. Econ. 18 (4): 479–490. https://doi.org/10.1080/01446190050024897.
Mills, A., P. E. Love, and P. Williams. 2009. “Defect costs in residential construction.” J. Constr. Eng. Manage. 135 (1): 12–16. https://doi.org/10.1061/(ASCE)0733-9364(2009)135:1(12).
Mohd-Noor, Z., A. I. Che-Ani, Z. Sulaiman, M. Z. Abd-Razak, and N. M. Tawil. 2016. “Condition monitoring framework based on the cause of mosque physical defects in Kuala Lumpur and Putrajaya.” J. Perform. Constr. Facil. 30 (5): 04016031. https://doi.org/10.1061/(ASCE)CF.1943-5509.0000879.
Moore, C. W. 2003. The mediation process: Practical strategies for resolving conflict. San Francisco: Jossey-Bass.
Olubodun, F., and T. Mole. 1999. “Evaluation of defect influencing factors in public housing in the UK.” Struct. Surv. 17 (4): 170–178. https://doi.org/10.1108/02630809910291352.
Paton-Cole, V. 2019. “Assessment of defects and disputes in residential buildings.” In Proc., AUBEA 2019: Built to Thrive: 43rd Australasian Universities Building Education Association Conf., 160–169. Noosa, QLD, Australia: Central Queensland Univ.
Paton-Cole, V. P., and A. A. Aibinu. 2021. “Construction defects and disputes in low-rise residential buildings.” J. Leg. Aff. Dispute Resolut. Eng. Constr. 13 (1): 05020016. https://doi.org/10.1061/(ASCE)LA.1943-4170.0000433.
Rotimi, F. E., J. Tookey, and J. O. Rotimi. 2015. “Evaluating defect reporting in new residential buildings in New Zealand.” Buildings 5 (1): 39–55. https://doi.org/10.3390/buildings5010039.
Sheppard, B. H., M. D. Saunders, and J. W. Minton. 1988. “Procedural justice from the third-party perspective.” J. Personality Soc. Psychol. 54 (4): 629–637. https://doi.org/10.1037/0022-3514.54.4.629.
Sisinni, E., A. Saifullah, S. Han, U. Jennehag, and M. Gidlund. 2018. “Industrial Internet of Things: Challenges, opportunities, and directions.” IEEE Trans. Ind. Inf. 14 (11): 4724–4734. https://doi.org/10.1109/TII.2018.2852491.
Thibaut, J., and L. Walker. 1975. Procedural justice: A psychological analysis. Hillsdale, NJ: Erbaum.
Thibaut, J., and L. Walker. 1978. “A theory of procedure.” Calif. Law Rev. 66 (3): 541–566. https://doi.org/10.2307/3480099.
Victorian Government Gazette. 2003. “Domestic building insurance ministerial order.” No. S 98:Section 8 (3).
Information & Authors
Information
Published In
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Volume 15 • Issue 2 • May 2023
Copyright
© 2022 American Society of Civil Engineers.
History
Received: Jun 30, 2022
Accepted: Oct 7, 2022
Published online: Dec 19, 2022
Published in print: May 1, 2023
Discussion open until: May 19, 2023
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