Disputes

Question 1

What are the main reasons for disputes occurring on construction projects?

Answer 1

• contract errors
• delays
• design errors
• defective work
• differing site conditions

Question 2

The HGCR Act, and subsequently the LDECA 2009 introduced an additional dispute resolution procedure; explain what this is and why it was deemed necessary to introduce an alternative method of dispute resolution.

Answer 2

They introduced an amended regime for payment and adjudication. Removed the requirement for contracts to be in writing and referring party no longer liable for adjudication costs.

Question 3

Pros and cons of using adjudication as a means of resolving disputes?

Answer 3

Pros:
-parties select the expert
-speedy/flexible
-streamlined
-no formal evidence required
Disadv:
-expert powers limited
-expert cannot go beyond the jurisdiction in the contract

Question 4

Differences between arbitration and adjudication?

Answer 4

Arbitration - disputing parties agree on an impartial 3rd party to hear both sides and resolve the issue.
Adjudication - decision is the responsibility of a judge.

Question 5

Differences between litigation and arbitration?

Answer 5

Litigation - process of engaging in or contesting legal action in court. Its an old process, court can enforce one parties rights.
Arbitration - 2 parties agreeing on impartial 3rd party to attempt to resolve the issue.

Question 6

Option for resolving dispute has not been selected, discuss the options available to the parties?

Answer 6

Arbitration - 3rd party
Mediation - 3rd party assists in negotiations
Adjudication - court