Conflict avoidance, management and dispute resolution procedures (L2)

Question 1

Talk me through the dispute resolution procedure on the Williamsgate Framework.

Answer 1

• In the first instance, the Dispute Resolution procedure under the Framework Agreement does not prejudice the right of any Party to refer a dispute to adjudication at any time
• No matter can progress to the First Stage of the Disputes Resolution Procedure until the Employer’s Framework Representative has provided a decision on the matter or if no decision has been given after expiry of 20 business days following receipt of a request for a decision by the referring Party
• If the Parties cannot resolve the dispute within 14 days of the decision given by the Employers Framework Representative or expiry of the 20 business day period, either Party may refer the Dispute to the First Stage which is the Disputes Committee
• Within 10 business days of the dispute being referred, the Disputes Committee shall hold a Submissions Meeting
• For this I had to produce a written submission of no more than 5 sides of A4 together with documentary evidence of no more than 50 sides of A4
• This written submission had to be issued to each member of the Disputes Committee at least 5 business day prior to the submissions meeting
• The decision of the Disputes Committee is issued within 2 business days of the Submissions Meeting (together with reasons for its decision)
• This is based on a majority decision, but if there are an even number of members, the Employer’s Framework Representative has the casting vote

Question 2

What were the timescales involved in this?

Answer 2

• Employers Framework Representative has 20 business days following receipt of a request to issue his decision
• Within14 days following the decision or expiry of the 20 business day period, either Party can refer the dispute
• Within 10 business days of the dispute being referred, the Disputes Committee hold a submissions meeting
• The written submission must be submitted at least 5 business prior to the submissions meeting
• The Disputes Committee decision is issued within 2 business following the submissions meeting

Question 3

Did this resolve the dispute?

Answer 3

There was a wider Framework settlement agreement which included this matter

Question 4

If not what was the next stage?

Answer 4

• The second stage is a meeting which is attended by directors from each Party who shall attempt to agree resolution of the Referred Dispute
• If this does not resolve the Referred Dispute, the Parties may attempt to settle by early neutral evaluation
• If that does not resolve the dispute, the Parties may attempt to resolve the referred Dispute by mediation

Question 5

How did the submission you produced assist in resolution of the dispute? (if it did)

Answer 5

• It clearly set out the position of the Project Manager and why such position had been adopted
• By reference to the requirements of the Works Information and the Employer’s Technical Specifications and Standards to support the rational of the position

Question 6

Tell me about a time you have implemented a conflict avoidance strategy.

Answer 6

• On the Franklaw project as part of my role I implemented
   Good and proactive management of my duties
• This involved ensuring timescales in the contract were adhered to which involved reminding the PM and Contractor of response periods
   Clear contract documentation
• This involved ensuring all communications issued to the Contractor were clear and unambiguous
   Good payment practices were adopted
• This involved ensuring certificates and payments were made on time
   That provisions around the early warning process were adhered to
• Allowing the parties to identify risk and collaboratively discuss actions to properly manage that risk

Question 7

Can a dispute be referred to Adjudication if this is not an option within the Contract?

Answer 7

• Yes,
• Those entering into construction contracts cannot opt out, it is a mandatory form of dispute resolution in the sector
• If there is no reference to the process in the construction contract, terms from Scheme for Construction Contracts 1998 will be implied

Question 8

What section/ Clause deals with Adjudication within NEC 4?

Answer 8

• W2