Construction Disputes

This book reflects the author's fifty years' experience in international construction projects and the management and resolution of disputes. During those fifty years, Wayne Clark's aim has always been to guide parties towards sensible and clear communication, nurturing relationships and seeking early solutions to their differences. His primary goal is to help parties avoid unnecessary conflict - a theme that is clearly evident throughout this book. While two chapters are devoted to preparing construction claims to persuade a tribunal - and in so doing persuade the other side to reach an amicable settlement - the book covers a much wider scope: from the building owner's dream through to the contractor handing over the completed project, wise contract administration, settlement negotiations, the third-party resolution process and, finally, arbitration. During each of these stages, the theme is for the parties to continually seek ways to resolve their differences. The book also introduces the idea of the 'shadow arbitrator', who, if commissioned early in the dispute process, can guide parties and legal counsel to prepare claims and arbitral pleadings that will persuade a tribunal - and encourage the parties to find sensible solutions.

"This best practices manual will show you how to use alternative dispute resolution to handle construction disputes. Construction mediation experts Silver and Furlong explain strategies for minimizing conflict before, during and after a project. You'll achieve solutions faster, save significant amounts of money, and maintain business relationships for future projects."--Pub. desc.

Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers the construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.

In compiling the third and entirely revised edition of Construction Disputes: Representing the Contractor, the editors have sought out as specialists in their field: contributing authors who are not only experienced in resolving construction disputes but also known and respected for their expertise in specific critical areas commonly encountered in construction litigation. Although intended primarily to assist attorneys, this book also provides a useful desk reference for anyone whose activities touch on long-term contract matters and gives individual contractors a better understanding of how their actions may affect this increasingly important part of operations.

Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.

This book provides an overall understanding of construction contracts, explaining a range of topics with in-depth examples, allowing engineers, site managers, architects, contractors, and other construction professionals in search of information on construction contracts to find it in one place. The volume further serves as a learning tool and a reference guide for students and instructors. Adopting a primarily Canadian perspective, the book provides references from two Standard Contract Documents CCDC (Canadian Construction Document Committee) and FIDIC (International Federation of Consulting Engineers) and briefly describes other major contract documents used within USA and UK construction industries.

This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.