Abstract:
This study undertook an examination of causes of public-sector construction disputes or claims and
their settlement in Ethiopia and Amhara National Regional State in particular. It investigated and
identified the major causes of the dispute resolution processes and procedures which parties to
public-sector construction disputes employed to address such disputes. The study also assessed the
legal frameworks which influenced parties’ dispute resolution choices. Consequently, strategies
for efficient and effective dispute resolution were developed.
The study adopted a qualitative research design. Both doctrinal and empirical approaches were
employed in data collection. It was found that, time and cost overruns were major sources for
causes of public- sector construction disputes generically include; contract, payment, owner,
design, consultant related, external and general factors are major factors. In addition, litigation,
negotiation and arbitration (at national level) were the most used dispute resolution mechanisms.
Others such as mediation, dispute adjudication board, partnering were not or rarely used. The
dispute resolution processes were characterized by high cost, low satisfaction with outcomes,
inconsistent decisions and negative effect on relationships. The incomprehensiveness of legal
framework coupled with inconsistent practices dealing with government construction disputes
poses difficulty in promoting early and amicable settlement culture in Ethiopia/ ANRS in particular.
To deal with these challenges and achieve efficient and effective dispute resolution processes,
knowledge, system, and institutional building measures are proposed. Possible remedial strategies
of claim avoidance and dispute minimization designs such as partnering are recommended.
The thesis divided into four Chapters. The first chapter focuses on the research proposal. chapter
two deals with the theoretical and conceptual foundations of construction disputes and their
settlements in general. Chapter three deals with the assessment of Ethiopian laws and practice in
public- sector construction dispute settlement. Chapter four deals about the underlying root causes
of PSC disputes in ANRS and dispute settlement practices in light of court cases, disputes settled
through negotiation.
Keywords: Construction, Ethiopia, Amhara National Regional State, Public-Sector, Claims,
Disputes, Dispute Settlement.