Identification of the Precautions to Minimize the Occurrence of Disputes Leading to Litigation: Evidence from Turkish Construction Industry

The litigation process is notorious for being long, costly and deteriorating business relations although the majority of construction contracts resort to litigation in case of any dispute. For this reason, it is very important to settle disputes in construction projects before applying for the litigation process to preserve the sustainable structure of the construction industry. Identification of precautions to reduce the number of disputes leading to litigation is crucial as it can help prevent project failures, minimize legal costs, and improve overall stakeholder satisfaction in the construction industry. Therefore, this study aims to identify solutions to diminish the disputes resulting in the litigation process in the Turkish construction industry. To achieve this goal, semi-structured interviews with 50 lawyers experienced in construction-related cases in Turkey were conducted. The data obtained from the interviewees were analyzed via content analysis to identify the common themes. Later, detected common themes were categorized in a Focus Group Discussion (FGD) by 15 experts selected in accordance with the purpose sampling method. Afterwards, Fuzzy AHP method was conducted with the data gathered from the 15 experts to determine the significance of each theme. This study revealed numerous crucial solutions to diminish the disputes resulting in lawsuits in the Turkish construction industry. Firstly, to prevent disputes and defective products, it is essential to increase the effectiveness of the auditing system and disseminate and legalize alternative dispute resolution (ADR) methods as well as oblige the construction firms to have certification. Additionally, careful examination of citizens' petitions and timely and impartial approach by officials to citizens' problems can prevent conflicts from escalating. Furthermore, to improve the qualifications of officers, public personnel exams in accordance with the concerning expertise area are to be conducted.