Lesson 11 Flashcards
Refers to disagreement, conflicts or legal issues that arise during the planning of cons proj
Cons dispute
factors affecting disputes
Behavior
Culture
Degree of bias
Magnitude
Organizational
Proj Conditions
Parties Involved
Site Conditions
Terms of contract
Technological Issues
Third Party
types of cons disputes
design
payment disputes
quality
scope
schedule
safety
impact of cons dispute
project delay
project abandonment
relationship damage
reputational damage
quality and safety concerns
termination
cost overruns
stall project progress as parties focuses on resolving disagreements instead of construction.
proj delay
lead to additional costs,
including legal fees, expert witness fees, and the costs associated with resolving the dispute itself.
cost overruns
can strain relationships
between project participants.
Tensions, mistrust, and adversarial attitudes
may develop, making collaboration and communication more challenging.
relationship damage
can tarnish the reputation of companies involved. Owners may be seen as difficult to work with, and contractors might gain a reputation for unreliability. This can make it harder to secure future projects.
reputational damage
increasing the risk of construction defects,
accidents, and injuries.
quality and safety concerns
may lead to project abandonment or termination,
resulting in financial losses, contractual breaches, and damaged relationships. Abandoned projects may leave stakeholders with incomplete structures, financial liabilities, and legal liabilities, requiring costly remediation efforts and recovery measures.
proj abandonment or termination
cons dispute avoidance and management
Effective contract management
Docu cont and record keeping
Disputes resolution clauses
Reg comm and collabo
Proj monitoring and cont
is the process of resolving
conflicts or disagreements
between parties in a peaceful
and constructive manner.
Dispute resolution
mechanism of disp resol
prevention
negotiation
binding resol
non binding
engage in discussions and
NEGOTIATIONS to reach a mutually acceptable resolution without involving a third party
negotiation
NEUTRAL THIRD PARTIES facilitates
discussions and assists the parties
in reaching a voluntary settlement
agreement.
mediation
empowers parties to actively participate in finding
resolutions with the assistance of a neutral third party, the CONCILIATOR
conciliation
A formal process where an
independent adjudicator makes a binding decision on the dispute based on evidence and arguments presented by the parties
Adjudication
a peaceful way to resolve conflicts without the need for a courtroom battle. FRIENDLY MEDIATOR stepping in to help find a solution that works for
everyone involved.
alternative Disp resol
a government agency under the Department of Justice, established by Republic Act No. 9285. its role is to promote, develop, and expand the use of Alternative Dispute
Resolution (ADR) in both private and public sectors.
Office for alt disp resol
Documents are key evidence
in court and arbitration proceedings.
documents
occur within the legal
framework of a country and
are open to the public,
following strict rules of
evidence.
court proceeding
private and confidential,
agreed upon by the parties
outside of the court system.
ARBITRAL PROCEEDING
ACCEPTABLE CONSTRUCTION
DOCUMENTS
1.Contracts
2.Correspondence
3.Witness Statements
4.Expert Reports
5.Financial Records
6.Official Records
7.Photographs and Videos
8. Legal Pleadings
commonly known as the
Arbitration Law, provides a legal framework for the
resolution of disputes through arbitration in the
Philippines,
RA 876 - Arbitration Law
refers to the limits of a legal authority
Jurisdictional Bodies
