July 2013
Dispute in business is inevitable, and the construction industry is no different. Disputes arise within this sector for all sorts of reasons, with several possible ways by which to resolve them. However, although often resolvable, disputes inevitably bring many challenges and legal issues to take into consideration. In this Q&A, Simon Tolson talks to ‘Lawyer Monthly’ about his view on these issues.
April 2013
Nicholas Gould discusses the recently issued FIDIC Guidance Note which deals with the powers of, effect of and the enforcement of Dispute Adjudication Board (DAB) decisions. The new Guidance Note suggests amendments to clause 20. These changes are as a result of confusion in the nature of the decision, and the manner in which a dispute about a DAB decision is then dealt with in arbitration. The amendments to the FIDIC provisions should be included in future contracts and will avoid any problems of this nature.
December 2012
In this paper, Nicholas Gould considers the use of expert determination in resolving construction disputes.
Expert determination has been used for many years as a means of independent valuation, but it lends itself particularly well to the economic and definitive resolution of valuation based disputes in the construction industry. Nicholas discusses why he thinks it could be used more frequently and even included within the contracts at the outset.
December 2012
In this paper, Nicholas Gould discusses a five-party dispute arising out of the improvement and hard landscaping in the busiest part of a town centre, for which he was the mediator.
Read the features of the case, information on the mediation and learning points to take from it.
December 2012
Nicholas Gould outlines some of the key issues covered in the RICS Guidance Note for Conflict Avoidance and Dispute Resolution in Construction.
Considering how disputes may arise and then taking proactive steps to avoid them is important for all those involved in construction projects. Good communication and looking for objective solutions to avoid conflict will help once the project is under way.
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