Conflict Avoidance Flashcards
(21 cards)
What is the cause of most Disputes?
Changes – changes to the scope of works or agreeing changes
Payments- late payments or works being undervalued
Time – project delays
Q. How can a Conflict be avoided?
Good, clear communication
Robust ER’s
Change control procedures
Managed expectations
Standard forms of contracts
Q. Can you talk me through the different methods of Dispute Resolution?
Mediation
Adjudication
Negotiation
Arbitration
Litigation
Expert Determination
Concilliation
Q. Which of those offer a legally binding decision?
Arbitration
Litigation
Adjudication
Q. Do you know which of those Dispute Resolution methods are stated in the JCT Contracts?
Adjudication
Mediation
Negotiation
Arbitration
Q. Do the RICS offer any kind of service to help avoid conflicts?
Conflict Avoidance Process
The parties can agree for this to be written into the contract
Its process in place to resolve conflicts before they are engaged into formal dispute resolution
Generally quicker and more cost effective that other forms like adjudication and arbitration.
What’s the process for CAP?
Appointment of a CAP panel > Initial meeting > CAP report with recommendations
Q. Can you tell me the difference between adjudication and arbitration?
Adjudication is a statutory procedure in the UK whereby one party refers another (adjudication notice) that they will be taking the dispute to adjudication. It is private, faster than other methods and often cheaper. Can be binding but typically temporarily binding. 28 days.
£15-20k
Arbitration is where the parties agree for an arbitrator to be appointed to handle a dispute and the outcome. It is often more expensive than adjudication although the decision is final and binding.
£15k to £60k
If the parties are unable to agree on an arbitrator, they can ask the nominated body to decide.
Q. How do you refer a dispute to adjudication?
Firstly the referring party will provide a Notice of Adjudication.
Within 7 days a referral notice will be provided, outlining the reasoning for adjudication and the parties case.
Within 7 days of the referral notice, an adjudicator must be appointed.
The referring part then has 7 days to provide a response, although this can be extended to 14 days.
The adjudicator then has 28 days (form the referral notice) to provide an outcome after reviewing all the information.
Q. How is an adjudicator appointed?
The adjudicator will be appointed by agreement between the parties from the body that is nominated in the contract (Contract Particulars)
Royal Institute of British Architects
RICS
Construction Adjudicators.com
Chartered institution of Arbitrators
Q. How long does an adjudicator have to reach his decision?
28 days from the referral notice
Q. What are some ways to avoid conflict?
Clear communication
Robust ER’s
Adhering to responsibilities and procedures
Not acting outside of the scope of services
Q. Litigation is rarely used. Do you know why?
Litigation refers to when a dispute is handled in a public court to provide a final and binding decision.
As its public, it means that the court decision will be shared publicly.
It’s a lot more expensive than other forms of dispute resolution.
Q. What do you do in your day-to-day work in order to avoid dispute/conflict?
Ensure that I communicate clearly and complete my roles and responsibilities as per my scope of services to the client and my obligations under the contract.
Also ensuring that I do not act outside of my professional competence, for example, design.
Q. What arbitration options are available to use in dispute?
RIBA = Royal institution of British Architects
RICS = Royal institution of Chartered Surveyors
Chartered Institution of Arbitrators
Q. What are the different arbitrator hearing types?
Documents only
Short hearing
Full procedure
Q. Can you omit adjudication from JCT?
Yes, it could be omitted but the Scheme for Construction Contracts (1998) would apply which would then make adjudication apply to the contract.
The scheme mainly covers payments and adjudication
Q. What is tort law?
Tort law relates to Civil law or civil wrongs
Q. What are the benefits of litigations?
Forces a party to resolve the dispute
Good for high value disputes, final and binding agreement
In a public court meaning that case precedents can be used
Q. What are the adjudication options provided by the RICS? (Not the bodies)
Construction adjudication (complex construction disputes)
Low value adjudication (under £100k)
Summary adjudication (under £20k)
Q. What are the key ADR solutions the RICS provides?
Adjudication
Arbitration
Mediation
