Construction Law Flashcards
What types of disputes
Big and small disputes focused on arbitration
What is in those disputes
Building, Infrastructure and Civil Works
Contracts
Contracts can be Oral, typically in writing and done through conduct
Specification
Due to the nature of Construction, contracts have deep specification
Contentious
Disputes
Non Contentious
Front end, contractual, non dispute
Non contentious process
- Demand Letter
- Dispute over a resolution clause which is normally multi teared
- Ensure different steps
- Issue a notice
- Go through Mediation and/if needed Arbitration
Dispute resolution
Arbitration, similar to Litigation
Mediation
Involves third parties, does not help either side but seeks to find an agreement akin to a win win situation. Typically a creative situation
HCA
High Court Action, Civil Actions
HCCT
Construction and Arbitration
Arbitration
Find a someone like a judge who relates to the field of work, more flexible than litigation. Arbitration is typically confidential.
Adjudication
Making an official decison on who is right in a dispute