Publications

Mediating Construction Disputes: An Evaluation of Existing Practice

by Nicholas Gould, Claire King and Philip Britton

"Mediating Construction Disputes: An Evaluation of Existing Practice" is the full report of the 2006-2008 research, headed up by Nicholas Gould and Claire King of Fenwick Elliott and conducted by the Centre of Construction Law and Dispute Resolution at King's College London and the Technology and Construction Court. Much more has been written about the theory of mediation, and its proper place in the avoidance and resolution of disputes in construction, than about its actual use; this report combines hard detail about its practice within UK construction litigation with a summary of the existing knowledge about mediation in the common law world and about its relation to other formal and informal methods of dealing with construction disputes.

Download the report (pdf: 11MB)

Download a summary of the key points of the report (pdf: 115k)

Building contract disputes: practice and precedents

by Robert Fenwick Elliott and Jeremy Glover

This is the definitive guide for the busy practitioner on handling and resolving construction disputes. It sets out what has to be done, how it is done, by whom and when. In addition it provides relevant documents for each issue, along with extracts from relevant codes, procedural rules and protocols.

Coverage includes the initial drafting of a contract and its impact on resolving any subsequent dispute through to submitting a claim, letters before action, pleadings, the adjudication, arbitration or court hearing, costs and appeals. The book is published in loose-leaf format and updated three times a year to reflect the evolution of procedures for resolving disputes.

Published by Sweet & Maxwell.
To order a copy click here.

Practical Construction Guides: Construction Law and Management

(2007) by Keith Pickavance, Dr Hamish Lal, David Risbridger, Mark Hackett, Anders Axelson, Nick Carnell, Julian Critchlow, Nicholas Gould Partner, Victoria Russell.

Construction Law and Management explains the state of design information appropriate to a given procurement route, and the need to identify risks and strategies for managing them. This handy desk side reference offers a comprehensive guide to construction law and management and is essential reading for anyone in the construction, architecture and engineering industries. This book is part of the Practical Construction Guides series.

Published by Informa in 2007
ISBN 978-1-84311-671-4
Price: £130

To order, email: publishing@fenwickelliott.com

Dispute resolution in the construction industry

by Nicholas Gould, Phillip Capper, Giles Dixon and Michael Cohen

Funded in part by the Department of Trade and Industry and Society of Construction Law, Nicholas Gould led a four-man team which carried out research into construction disputes. This book sets out their findings and considers how the vast majority of disputes are resolved. It also explores the impact Alternative Dispute Resolution has had on the dispute resolution pathway.

The team detail the range of dispute resolution techniques available to parties to a dispute (from simple negotiation to mediation or conciliation to more complex umpire-led situations) and predict which of those techniques will become the resolution methods of choice in the future.

Published by Thomas Telford in 1999
ISBN 0727728369

To order a copy contact Thomas Telford.