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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll