Muiruri, K. M., & Abdel Aziz, A. (2025). Evaluating the Evolution of Alternative Dispute Resolution in Construction Projects: A Systematic Review Using Content and Bibliometric Analysis. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 17(4). https://doi.org/10.1061/JLADAH.LADR-1370.
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Abstract
The construction industry is inherently complex. It involves multiple stakeholders, complex contracts, and significant financial investments. This complexity often leads to disputes, resulting in costly delays and project disruptions. Alternative dispute resolution (ADR) methods have emerged as crucial mechanisms for managing and resolving conflicts in construction projects, offering more efficient and less adversarial solutions than traditional litigation. This paper presents a systematic literature review of existing research on the application of ADR in construction project delivery. The review spans three decades to capture the adoption and impact of the 1987 update to the AIA A201 General Conditions 14th Edition, which introduced provisions governing arbitration in construction contracts. Following the PRISMA framework for study selection, content, trend, and bibliometric analyses were utilized to identify key themes, track the evolution, synthesize findings, and highlight influential contributions. The study finds that while authors agree that ADR methods are generally effective and widely adopted in the construction industry, their implementation has significant variability. Consequently, the study recommends the adoption of hybrid dispute resolution mechanisms (HDRMs). HDRMs combine elements of multiple ADR methods to create flexible approaches that lead to faster, more cost-effective, and more adaptable resolutions in complex disputes.
Muiruri, K., Ganguly, I., McPeters, K., & Alonzo, B. (2024). Effects of Hydrothermal Modification on The Mechanical Properties of Red Alder (Alnus Rubra) Native to The Pacific Northwest. The 2024 International ConCave Ph.D. Symposium: Divergence in Architectural Research. Georgia Tech, Atlanta, April 4-5.
Abdel Aziz, A. M., & Muiruri, K. (2023). The Articulation and Current Practices of Liquidated Damages in Standard Specifications for Highways. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 15(4). https://doi.org/10.1061/JLADAH.LADR-959
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Abstract
Delayed delivery of highway infrastructure could financially hurt businesses that rely on such facilities, disrupt the public commute, and increase road user costs. For these reasons, state highway agencies (SHAs) tend to use and enforce liquidated damages (LDs) for the contractor’s failure to meet the completion times. While SHAs may have similar experiences on how their standard specifications (SSs) are structured and written, there are differences among the states on how the LDs are articulated. Further, with their requirements, SHAs need to maintain that their LDs regulations follow and account for the Code of Federal Regulations, for example, CFR.635.127. Additionally, contractors may legally challenge the LDs enforceability as unreasonable, excessive, penalty statements, or concurrently caused. This work aims to critically examine and thoroughly analyze how LDs were articulated in the SSs. For that, the LDs sections, definitions, and contract times of the standard specifications of all departments of transportation in the United States were collected, thoroughly reviewed, compared, and analyzed. With commonalities and differences among the SSs, themes of LDs current practice were identified under LDs characterization, application periods, reference times, and implementation forms. A detailed account of the particulars of each theme and practice is discussed and explained. The work provides insights for SHAs to evaluate their current LDs practice to other states’ practices to improve how LDs provisions are articulated.
Research interests: project delivery methods and impact to project success; project control and construction contracts; privatization in construction and private-public partnerships; project cost management; sustainability.
M.S. Construction Management, University of Washington (2022)
B.S. Civil Engineering, Dedan Kimathi University of Technology, Kenya (2017)