Resolving Construction Disputes

This book explains how disputes arise in the construction industry and suggest ways of avoiding them by identifying problem areas. It introduces the principal means of dispute resolution, litigation, arbitration, ADR and adjudication - it explains how each operates and considers the advantages and disadvantages of each method.

The book is written in a straightforward approach and is clear, concise and practical.

Construction industry’s record on disputes; Overview of available methods of dispute resolution including: negotiation, litigation, arbitration, mediation and adjudication; Protection provided by insurance and insurer’s role in disputes; The legal profession - do you need it? Limitation.

Risk Management Systems; Risk Management Training; Contract preparation; Collateral warranties; Disclaimers and exclusion clauses

The courts - County Court, High Court, Official Referees, Appeal Court; Commencement of proceedings and pleadings; Directions; Discovery; Witnesses; Expert evidence; Preparation for trial; Trail procedure; Summary judgment; Payments into court; Woolf Reforms; Summary - advantages and disadvantages of litigation

Principal differences between arbitration and litigation; Advantages and disadvantages of arbitration; The arbitration agreement; Arbitration procedure; The arbitration hearing; The role of the courts in arbitration

Types available including; Types of disputes suitable for ADR; Preparation for mediation; Referring a claim to mediation; Appointing a mediator - appointing bodies; Mediation procedures; Contractual provisions; Dispute Review Boards; Costs; Summary - advantages and disadvantages including

Pre-Construction Act (i.e. standard forms of building contract); Construction Act (summary of adjudication provisions); Scheme for Construction Contracts; Rules of various bodies e.g. ORSA; Qualifications for adjudicators; Differences between adjudication and ADR, litigation/arbitration; Summary - advantages and disadvantages of adjudication

ISBN: 1 902375 31 9

Publisher: Chandos Publishing (Oxford) Limited