Conflict avoidance Flashcards
What are the main techniques for avoiding conflicts in construction projects?
Clear contract documentation – Defining scope, responsibilities, and obligations from the outset.
Effective communication – Ensuring transparency and early issue resolution.
Collaborative procurement methods – Using partnering and frameworks to promote teamwork.
Early contractor involvement (ECI) – Reducing design risks by engaging contractors early.
Risk management strategies – Identifying and mitigating potential disputes before they arise.
How does procurement route selection impact conflict management?
Traditional Procurement – Can lead to disputes due to lack of early contractor input.
Design and Build – Reduces design disputes but shifts risk to the contractor.
Partnering/Collaborative Contracts (e.g., NEC4, PPC2000) – Promote teamwork and reduce adversarial behavior.
What is ‘partnering’ in conflict avoidance?
Partnering is a collaborative approach where stakeholders work together to achieve shared goals, reducing adversarial disputes. It includes:
Open-book contracting.
Shared risk and reward.
Encouraging trust and transparency.
How do standard forms of contract help in dispute avoidance?
JCT Contracts – Include dispute resolution mechanisms like mediation, adjudication, and arbitration.
NEC4 Contracts – Use Early Warning Notices (EWN) and risk management meetings to prevent disputes.
FIDIC Contracts – Require Dispute Avoidance/Adjudication Boards (DAABs) to resolve disputes early.
What are Early Warning Notices (EWN) in NEC4 contracts?
EWNs notify project teams of potential risks before they escalate into disputes, allowing proactive resolution.
What legal frameworks govern dispute resolution in construction contracts?
Housing Grants, Construction and Regeneration Act 1996 (HGCRA) (UK) – Grants parties the right to adjudication for disputes.
The Arbitration Act 1996 (UK) – Governs arbitration processes, ensuring they are fair and legally binding.
The Civil Procedure Rules (CPR) (UK) – Govern litigation procedures, including pre-action protocols for construction disputes.
What is the legal requirement for adjudication in UK construction contracts?
Under HGCRA 1996, parties have a statutory right to adjudication, meaning any dispute can be referred to an adjudicator for resolution within 28 days.
What is a Pre-Action Protocol in construction litigation?
A Pre-Action Protocol encourages dispute resolution before litigation by requiring parties to exchange information and attempt settlement.
What are the main dispute resolution methods in construction?
Negotiation – Parties attempt to reach an agreement informally.
Mediation – A neutral third party facilitates a settlement.
Conciliation – Similar to mediation but with more input from the conciliator.
Adjudication – A quick, 28-day binding decision on contractual disputes.
Arbitration – A private, legally binding process with an appointed arbitrator.
Independent Expert Determination – A technical expert makes a binding decision.
Litigation – A court-based resolution as a last resort.
What is the key difference between mediation and adjudication?
Mediation is non-binding, with the aim of reaching a mutually agreed solution.
Adjudication is a binding decision, enforceable under contract law.
Why is adjudication commonly used in construction disputes?
Adjudication is preferred because it provides:
A fast-track resolution (28 days).
A binding decision enforceable under contract law.
A cost-effective alternative to litigation.
What is arbitration, and how does it differ from litigation?
Arbitration is a private, legally binding dispute resolution process. It is often faster and more flexible than court litigation.
Litigation is a public court-based process, typically more expensive and time-consuming.
When is independent expert determination used?
It is used when a dispute requires technical expertise (e.g., property valuation disputes) rather than legal interpretation.
