Conflict Avoidance, Management and Dispute Resolution Procedures - Level 2 Flashcards
(9 cards)
How have you undertaken negotiations with the aim of avoiding dispute resolution proceedings?
Yes, any negotiations I have led, it was always my aim to avoid dispute resolution proceedings and reach a solution.
School Project, LA - Did the contract include any mechanism to assist with conflict avoidance and dispute resolution?
Yes, the contract had mediation mechanisms for resolving disputes.
School Project, LA - Give me an example of some of the disputes that arose on this project?
There was a dispute over how the contract was interpreted. There was an asbestos pipe in the ground during earthworks, and the subcontractor didn’t want to be responsible for removing it. The GC took the view that it was part of their scope and the Owner disputed the fact that it was in their scope.
School Project, LA - What informal resolution mechanisms did you utilize on this project?
I used a collaborative negotiation strategy to try and prevent the dispute from escalating further and reach a conclusion. I then sought expert determination from Architects and Engineers. I then informed the client to go to an independent dispute resolution board as the negotiations were at a deadlock.
Hotel Project, LA - What is a dispute resolution board?
A Dispute Resolution Board (DRB), also known as a Dispute Review Board, is a panel of impartial professionals appointed to help resolve disputes on large construction projects.
Hotel Project, LA - When is there usage advantageous?
They are typically formed at the beginning of a project and work to minimize or avoid disputes, and help resolve them if they do arise.
Hotel Project, LA - What steps could have been taken to avoid the disagreement of interpretation of contract terms prior to works starting?
The contract terms could have been written less ambiguously in the beginning. A standard form of contract with standard T&C’s would typically avoid this issue. A clarification and exclusion log might have helped this particular situation.
Hotel Project, LA - How did you ensure that the meeting records you kept were an accurate record?
I documented attendees, dates, times, and the responsibility of task ownership. I distributed them among the team for transparency and took care to document followups.
Hotel Project, LA - Did you allow the parties to comment on the meeting records you took?
No, I didn’t allow parties to comment on meeting minutes as this creates ambiguity and they can change the narrative of the meeting. It was distributed using pdf for this reason.
