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Simulation Modelling for Resolving Disputes of Construction Projects in Iraq

Hatem Khaleefah Breesam, Buroog Basheer Mahmood

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Abstract

Many engineering projects face extensive contractual problems due to a breach by one of the parties with his duties or responsibilities stipulated in the contract, which leads by extension to the occurrence of disputes and then resorting to litigation or any other means of dispute resolution, which affects the success of the project. Many of the existing disputes are due to a breach by one of the parties to the dispute with the technical, financial and legal requirements of the contract, and given the importance and complexity of the construction industry, it was imperative for each of the parties to understand its types and the regulations and laws that govern it. This paper introduces a review of previous studies on dispute resolution, definition of disputes, and examines dispute resolution using simulations. Where the paper provides in detail different delay dispute analysis using the flowchart that simulates the emergence of the dispute, then identifying the offending party and presenting a report about assessing the dispute.

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What this paper is about

Many engineering projects face extensive contractual problems due to a breach by one of the parties with his duties or responsibilities stipulated in the contract, which leads by extension to the occurrence of disputes and then resorting to litigation or any other means of dispute resolution, which affects the success of the project. Many of the existing disputes are due to a breach by one of the parties to the dispute with the technical, financial and legal requirements of the contract, and given the importance and complexity of the construction industry, it was imperative for each of the parties to understand its types and the regulations and laws that govern it. This paper introduces a review of previous studies on dispute resolution, definition of disputes, and examines dispute resolution using simulations. Where the paper provides in detail different delay dispute analysis using the flowchart that simulates the emergence of the dispute, then identifying the offending party and presenting a report about assessing the dispute.

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Available abstract

Many engineering projects face extensive contractual problems due to a breach by one of the parties with his duties or responsibilities stipulated in the contract, which leads by extension to the occurrence of disputes and then resorting to litigation or any other means of dispute resolution, which affects the success of the project. Many of the existing disputes are due to a breach by one of the parties to the dispute with the technical, financial and legal requirements of the contract, and given the importance and complexity of the construction industry, it was imperative for each of the parties to understand its types and the regulations and laws that govern it. This paper introduces a review of previous studies on dispute resolution, definition of disputes, and examines dispute resolution using simulations. Where the paper provides in detail different delay dispute analysis using the flowchart that simulates the emergence of the dispute, then identifying the offending party and presenting a report about assessing the dispute.

Key concepts: Dispute resolution, Dispute mechanism, Dispute board, Alternative dispute resolution, Breach of contract, Online dispute resolution, Business, Law and economics

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