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EM Contract Admin > 20 Dispute Resolution > Flashcards

20 Dispute Resolution Flashcards

1
Q

How can disputes be avoided in construction contracts?

A

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2
Q

How does partnering help avoid disputes in construction?

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3
Q

What is meant by the term ‘ADR’?

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4
Q

What is the hierarchy of dispute resolution in the construction industry?

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5
Q

What guidance is available in relation to ADR?

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6
Q

How are disputes dealt with under a contract with which you are familiar? How does this differ from other contracts with which you are familiar?

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7
Q

How can contract change procedures help avoid disputes?

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8
Q

How do post-contract reporting procedures help avoid conflict?

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9
Q

How would you deal with contractor on site who had 30 years experience and did not agree with your decision?

A

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10
Q

On what grounds can the employer or the contractor determine the contract under the form of contract that you are most familiar with?

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11
Q

What is negotiation and how can it be used to resolve disputes?

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12
Q

What are the advantages and disadvantages of negotiation as a means to resolve disputes?

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13
Q

What is mediation and how can it be used to resolve disputes?

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14
Q

Is mediation binding?

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15
Q

What are the advantages and disadvantages of mediation as a means to resolve disputes?

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16
Q

What is conciliation and how does it differ from mediation?

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17
Q

What is expert determination and how can it be used to resolve disputes?

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18
Q

What are the advantages and disadvantages of expert determination as a means to resolve disputes?

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19
Q

What is adjudication and how can it be used to resolve disputes?

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20
Q

What are the general duties of an adjudicator?

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21
Q

How do you refer a dispute to adjudication?

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22
Q

How is an adjudicator appointed?

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23
Q

What are the timescales involved in adjudication?

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24
Q

Is adjudication binding?

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25
Q

Can decisions under adjudication be challenged?

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26
Q

Give some examples of when adjudications have been challenged.

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27
Q

Who pays the cost of adjudication?

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28
Q

How does the Scheme for Construction Contracts relate to adjudication?

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29
Q

A party to the main contract on one of your projects wants to take a dispute to adjudication, but there are no clauses in the contract referring to dispute resolution procedures. Can he use adjudication and what rules will apply?

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30
Q

A client wants you to take out the adjudication clause in his construction contract so that all disputes are referred directly to litigation. How would you respond?

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31
Q

What are the advantages and disadvantages of adjudication as a means to resolve disputes?

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32
Q

Explain the adjudication procedure rules in a contract with which you are familiar.

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33
Q

What is arbitration and how can it be used to resolve disputes?

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34
Q

Explain the main differences between the various forms of arbitration.

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35
Q

What are the main differences between arbitration and adjudication?

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36
Q

What procedural matters need to be agreed between the parties before arbitration starts?

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37
Q

Is arbitration binding?

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38
Q

How are costs awarded in arbitration?

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39
Q

Why did arbitration become so unpopular for resolving construction disputes?

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40
Q

What are the advantages and disadvantages of arbitration as a means to resolve disputes?

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41
Q

On what grounds can an arbitrator?s decision be challenged in court?

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42
Q

How did the Arbitration Act 1996 change the rules of arbitration?

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43
Q

How does the role of an arbitrator differ from that of a judge?

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44
Q

How do multi-party arbitration proceedings work?

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45
Q

What is litigation and how is it used to resolve disputes?

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46
Q

What are the differences between arbitration and litigation?

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47
Q

What was the impact of the Woolf Report on dispute resolution?

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48
Q

What are the Civil Procedure Rules?

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49
Q

What is the Technology and Construction Court?

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50
Q

Explain the significance of a pre-action protocol in bringing an action to court.

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51
Q

Explain judgements without trial and summary judgements.

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52
Q

What are the advantages and disadvantages of litigation as a means to resolve disputes?

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53
Q

What is early neutral evaluation and how is it used to resolve disputes?

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54
Q

What is med-arb and how does it differ from mediation?

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55
Q

What is the purpose of Dispute Boards?

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56
Q

What is the difference between DRBs and DABs?

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57
Q

What is an expert witness?

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58
Q

Who can be an expert witness?

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59
Q

How is an expert witness appointed?

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60
Q

As a surveyor, what information or data might you be asked to produce to support an expert witness?

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61
Q

What factors must you take into account when writing an expert witness report?

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62
Q

What is the liability of an expert witness?

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63
Q

What is meant by the term ‘hot-tubbing’ and why may it be advantageous?

A

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EM Contract Admin (21 decks)

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