Conflict Avoidance and Data Management

Question 1

1. Can you provide a working example of when you have used negotiation to resolve a conflict?

Answer 1

a. There was a change in Havant to so with M&E works, I argued that although it was an ICD contract, this was to do with contractors portion of works. Through meetings, minutes and justification to reasoning of my standpoint

Question 2

2. Difference between arbitration and litigation

Answer 2

a. Litigation is higher up so get a more definitive result if escalated
b. Litigation takes longer so costs more/time
c. Litigation is made public
d. Litigation is subject to appeals.

Question 3

3. What is the hierarchy of dispute options under JCT?

Answer 3

a. Negotiation
b. Mediation/Concilliation
c. Adjudication
d. Arbitration
e. Litigation

Question 4

4. And what are some differences about the ADR techniques?

Answer 4

a. Negotiation - Non-Binding by mutual agreement
b. Mediation - Non-Binding using a Third party. Not based on facts evidence or law
c. Conciliation - Third party acts as a messenger rather than facilitating a decision unlike mediation.
d. Adjudication - Binding, law based. Adjudicator assigned to reach impartial decision within 28 days
e. Arbitration - Binding, law based. Contract must contain a written agreement to arbitrate. The parties can choose to incorporate an arbitration procedure.
f. Litigation - Parties have the right to refer their matter to an appropriate court. Decision is imposed by court of law. Made public, takes longest. Subject to appeals.

Question 5

5. Are you able to advise on the adjudication process?

Answer 5

a. A cheaper and quicker alternative to traditional dispute resolution procedures.
b. One party initiates the adjudication process. Within 7 days they must state the details of the reason they wish to adjudicate, whilst appointing an adjudicator.
c. Once an adjudicator is appointed, they will request a response from the opposing party.
d. When all information is received the adjudicator will make a decision within 28 days.
e. The decision is binding, unless there has been an error in judgment

Question 6

6. What’s the difference between a disagreement and dispute?

Answer 6

a. Well a dispute is a disagreement, and usually relies on a third party to step in.

Question 7

7. What legislation covers dispute resolution?

Answer 7

a. Housing grants and construction regeneration act 1992 (Construction Act)

Question 8

8. What happens if contract does not contain dispute resolution clauses?

Answer 8

a. Then common law dictates that dispute resolution procedures can still be implemented if the contract is recognised by RICS.

Question 9

9. How does dispute resolution look on your company?

Answer 9

a. It looks poorly on performance of that company, as they may not be undertaking their duties properly. It can impact employee retention and employment. It also has a financial impact as it costs money to enter disputes.

Question 10

10. How do you mitigate chance of disputes arising?

Answer 10

I always endeavour to resolve disputes through negotiation prior to escalation, and ask for second opinions or escalations where required from senior colleagues. I employ a communications plan, early in the project and ensure that communication, and acting fairly occurs as early as possible. I adhere to RICS rules of conduct. I manage data in accordance with my employers policy, ensuring I always get things in writing by email or meeting minutes.

Question 11

1. What are the advantages and disadvantages of using an online document storage system like Microsoft SharePoint?

Answer 11

a. Everyone has shared access, fast to update, good and trusted technical support, easy to use, can all edit live documents at once. It is traceable
b. Potential for data breaches, fairly easy to get hold of links to files

Question 12

2. What legislation governs how we store data?

Answer 12

a. GDPR

Question 13

3. What are the fines if there is a breach?

Answer 13

a. Fines up to 4% of annual global turnover or 17.5 million pounds whichever is lower

Question 14

4. Can you name some of the GDPR principles?

Answer 14

a. “LADSPAS”
b. Lawfulness, Fairness and Transparency
c. Accountability
d. Data Minimisation
e. Storage Limitation
f. Purpose Limitation
g. Accuracy
h. Security (Integrity and Confidentiality)

Question 15

5. What does BCIS stand for?

Answer 15

a. Building Cost Information Service

Question 16

6. What are some pros and cons of BCIS

Answer 16

a. It has a wide array of data
b. It is reliant on people/companies actually uploading the data
c. Good for indices across construction

Question 17

7. What do you do to collect or manage data?

Answer 17

a. I upload cost data into my Employer’s database

Question 18

8. What legislation are you aware of relating to Data

Answer 18

a. Data protection Act 2018 (UK)
b. GDPR (EU)

Question 19

9. What are some right under data protection acts?

Answer 19

a. Right to be informed
b. Right of access
c. Right of erasure
d. Right to object to use
e. Right to change/rectify

Question 20

Using a shared data platform, what is a risk of someone picking up a cost plan and using it?

Answer 20

it may not be right, you don’t have the information or detail on it (Accuracy of data)

Question 21

What is the difference between mediation and conciliation?

Answer 21

Mediation is Non-Binding using a Third party and is Not based on facts evidence or law
Conciliation is where a Third party acts as a messenger rather than facilitating a decision unlike mediation, and can make a recommendation.

Question 22

What does the Construction Act say about adjudication?

Answer 22

Allows any party to a construction contract in the UK to refer a dispute, at any time, to a 28-day procedure under which the matter will be decided by an independent adjudicator.

Question 23

What does your company do to manage and protect data?

Answer 23

My employer is ISO9001 certified, and regularly undertakes external and internal audits