header-logo header-logo

29 May 2015 / Martin Burns
Issue: 7654 / Categories: Features , Procedure & practice , Profession , ADR
printer mail-detail

Dodgeball

Don’t resolve disputes, avoid them, says Martin Burns

Transport for London (TfL) and the Royal Institution of Chartered Surveyors (RICS) have developed a practical conflict avoidance and early intervention procedure for construction and engineering contracts, which is designed to save money and preserve commercial relationships.

Disputes on major construction and engineering projects can cause immense harm to long term relations between employers and contractors.

Resolving a dispute is more difficult when a difference of opinion between an employer and contractor is not addressed early. In such circumstances parties frequently descend into the trenches. Their views become rigid and, in many cases, parties become so manifestly inflexible that meaningful dialogue is almost impossible.

Traditional methods for resolving disputes can be very expensive and inordinately slow. The commercial and human consequences of litigation, arbitration and adjudication can often be intolerable. This is usually the case even when parties manage to settle their differences before a judgment; award or decision has been given on a dispute.

Avoidance v resolution

In respect of major infrastructure projects, particularly those which

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll