Lesson 11

Question 1

Refers to disagreement, conflicts or legal issues that arise during the planning of cons proj

Answer 1

Cons dispute

Question 2

factors affecting disputes

Answer 2

Behavior
Culture
Degree of bias
Magnitude
Organizational
Proj Conditions
Parties Involved
Site Conditions
Terms of contract
Technological Issues
Third Party

Question 3

types of cons disputes

Answer 3

design
payment disputes
quality
scope
schedule
safety

Question 4

impact of cons dispute

Answer 4

project delay
project abandonment
relationship damage
reputational damage
quality and safety concerns
termination
cost overruns

Question 5

stall project progress as parties focuses on resolving disagreements instead of construction.

Answer 5

proj delay

Question 6

lead to additional costs,
including legal fees, expert witness fees, and the costs associated with resolving the dispute itself.

Answer 6

cost overruns

Question 7

can strain relationships
between project participants.
Tensions, mistrust, and adversarial attitudes
may develop, making collaboration and communication more challenging.

Answer 7

relationship damage

Question 8

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.

Answer 8

reputational damage

Question 9

increasing the risk of construction defects,
accidents, and injuries.

Answer 9

quality and safety concerns

Question 10

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.

Answer 10

proj abandonment or termination

Question 11

cons dispute avoidance and management

Answer 11

Effective contract management
Docu cont and record keeping
Disputes resolution clauses
Reg comm and collabo
Proj monitoring and cont

Question 12

is the process of resolving
conflicts or disagreements
between parties in a peaceful
and constructive manner.

Answer 12

Dispute resolution

Question 13

mechanism of disp resol

Answer 13

prevention
negotiation
binding resol
non binding

Question 14

engage in discussions and
NEGOTIATIONS to reach a mutually acceptable resolution without involving a third party

Answer 14

negotiation

Question 15

NEUTRAL THIRD PARTIES facilitates
discussions and assists the parties
in reaching a voluntary settlement
agreement.

Answer 15

mediation

Question 16

empowers parties to actively participate in finding
resolutions with the assistance of a neutral third party, the CONCILIATOR

Answer 16

conciliation

Question 17

A formal process where an
independent adjudicator makes a binding decision on the dispute based on evidence and arguments presented by the parties

Answer 17

Adjudication

Question 18

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.

Answer 18

alternative Disp resol

Question 19

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.

Answer 19

Office for alt disp resol

Question 20

Documents are key evidence
in court and arbitration proceedings.

Answer 20

documents

Question 21

occur within the legal
framework of a country and
are open to the public,
following strict rules of
evidence.

Answer 21

court proceeding

Question 22

private and confidential,
agreed upon by the parties
outside of the court system.

Answer 22

ARBITRAL PROCEEDING

Question 23

ACCEPTABLE CONSTRUCTION
DOCUMENTS

Answer 23

1.Contracts
2.Correspondence
3.Witness Statements
4.Expert Reports
5.Financial Records
6.Official Records
7.Photographs and Videos
8. Legal Pleadings

Question 24

commonly known as the
Arbitration Law, provides a legal framework for the
resolution of disputes through arbitration in the
Philippines,

Answer 24

RA 876 - Arbitration Law

Question 25

refers to the limits of a legal authority

Answer 25

Jurisdictional Bodies