Resolving infrastructure-related construction disputes in developing countries: The Ghana experience

The last three decades have witnessed increased investment in infrastructure projects and construction activities in developing countries. Unfortunately, disputes often arise from such projects in developing countries that are resolved by arbitral tribunals in the developed world. Whilst similar projects in the developed world also suffer from the problem of costly disputes, there is a growing trend of resolving them by less costly ADR methods. Available literature on infrastructure-related construction dispute resolution in developing countries provide inadequate information on how such disputes are resolved in practice. The qualitative study, which formed part of a larger study on infrastructure-related construction dispute resolution in developing countries, critically examined construction dispute resolution experiences of Ghana as a typical example of practice in developing countries. The aim was to identify problems with the extant dispute resolution process and explore possible improvements. Ghana was used as a holistic case study. The study relied on interview data. Semi-structured interviews were conducted with forty-five top management employees of five Government Ministries and six public institutions regularly involved in major construction projects. Additionally, eleven individuals from foreign construction firms and adjunct organisations were also interviewed. Data collected were analysed using grounded theory-related analytical methods such as coding, memoing and diagraming to develop themes and patterns from the data. It was found that high dispute resolution cost, low satisfaction with outcomes and suspicious relationships characterised the extant dispute resolution process. An attempt is made to proffer ways to address the challenges identified. The research will enhance foreign contractors' understanding of dispute resolution practices in developing countries and contribute to research by adding to the limited literature on the subject.