Most if not all building contracts and consultant appointments make provision for the resolution of disputes between the parties. The ultimate tribunal for the resolution of disputes are the courts and the alternative to those is probably arbitration.
However, in the commercial world alternatives are often adopted by the parties in the first instance in an attempt to seek a quick and more cost effective approach e.g. mediation and expert determination. In fact the courts openly promote and encourage parties to use procedures such as mediation.
Some of the alternative procedures are included within the standard forms of contract e.g. those published by the JCT and the RIBA.
Additionally, within the construction industry there is adjudication which by statute is mandatory for most parties though not all. However, other strategies or procedures exist which the parties may well deploy.
From a practical perspective, this seminar will look at alternative approaches (i.e. alternatives to the courts and arbitration) to resolving disputes in the construction industry. This will include looking at negotiation, neutral evaluation, mediation, expert determination, dispute resolution boards and adjudication.
Ultimately most parties want a speedy and cost effective resolution to a dispute to allow them to move on and concentrate on their business. Unfortunately this is not always possible.
Please see the course flyer for a full list of upcoming courses.
Speaker: Michael Dunn, Rex Procter and Partners
Michael Dunn is a director with Rex Procter and Partners based in Leeds and Bradford. He is an RIBA Specialist advisor and advises on building contracts and consultant appointments. He speaks on the RIBA Part 3 courses held in Chester, at the University of Portsmouth, University College London and the University of Central England.
Core Curriculum topics
1. Procurement and contracts