Disputes between employers and contractors in the construction industry are not uncommon.  Given the nature of construction they may be inevitable.  They can arise for numerous reasons. Some disputes are resolved quickly and others linger for what can seem like an eternity. They may be resolved 'informally' or they may require the implementation of a formal process involving a third party.

The intention is to look at:

• What amounts to a dispute;
• The 'place' of the contract administrator in the resolution of disputes;
• Areas which commonly give rise to difficulties:
  - Discrepancies in contract documentation;
  - Provision of 'design' information;
  - Instructions / variations;
  - Acceleration of the works;
  - Failure to correctly administer the contract:
    Extensions of time;
    Loss and/or expense;
    Defects;
    Practical completion;
• Management of disputes:
  - Importance of the contract documents;
  - Risk registers and early warning procedures;
  - Records e.g. minutes, letters, etc
• Resolution processes:
  - Mediation
  - Adjudication
  - Arbitration / litigation

Speaker: Michael Dunn BSc LLB LLM FRICS FCIArb, Rex Procter & Partners.  Michael advises on construction contracts and consultant appointments. He is a visiting lecturer for post graduate architecture courses and for an MSc in Construction Law & Dispute Resolution course.