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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
back-to-top-scroll