Preface
| Author | Wayne Clark |
| Pages | 13-15 |
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 dierences
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 dierences. 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 aecting, or may go on to aect,
the ecient performance of a project. How these situations are man-
aged will determine whether or not the dierences can be overcome
and serious c onict 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 briey 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
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