Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Preface

Document Cited in Related
Vincent
AuthorWayne Clark
Pages13-15
xiii
Preface
Disputes are not uncommon in the construction world. In my
experience, construction disputes more often than not arise
because of the human factor – because of people. Initial dierences
of opinion become disputes, and these can develop into serious con-
ict. Once an impasse is reached – when it seems impossible for the
parties to agree on any thing – the disputing parties often believe the
only path left for nal resolution is arbitration or litigation.
Fortunately, most people are sensible and usually nd solutions
to their dierences. Solutions that avoid time-consuming a nd costly
arbitration or litigation. Solutions that can prevent irreparable dam-
age to relationships.
Disputes can be avoided at an early stage, when issues a nd prob-
lems rst surface – issues that are aecting, or may go on to aect,
the ecient performance of a project. How these situations are man-
aged will determine whether or not the dierences can be overcome
and serious c onict avoided .
In this book I try to focus on ways to avoid disputes, or how to
manage the disputes when they c annot be avoided. I deal with the art
of developing credible construction claims – clai ms that will encour-
age, even persuade, the parties to engage in constructive dialogue
and nd that sensible solution. My book also briey looks at the
process of resolving disputes when negotiations fail, at resolving d is-
putes through third-part y resolution such as mediation, and dispute
adjudication boards. And for those occasions when third-party reso-
lution fails, I discuss the nal stage for resolution: arbitration, which
is the nal option available in most construction contracts. Very few
of the projects I have been involved in have ended up in the courts.
e vast majority are referred to arbitration for nal resolution. It is

To continue reading

Request your trial
Navigation index

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT