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.

Change management supplements

Fenwick Elliott and Pickavance Consulting have jointly created detailed guides to help practitioners incorporate the new Society of Construction Law protocols on the management of delay and disruption into each of the major JCT standard forms of construction contracts.

The two firms have drafted change management supplements and guidance notes for employers, contractors, design teams and contract administrators initially on four JCT contract forms. These include JCT98, JCT with contractors’ design, the IFC and major projects form.

The protocols move away from the traditional approach where the contractor is obliged to manage risk, but the contractor has to deal with the consequences of any changes.

The supplements are designed to ensure that the protocols are introduced into construction projects in a way which is both legally binding and consistent with the rest of the contract terms. The guidance notes, which complement each supplement, contain details of how to complete the supplements and operate the necessary procedures to manage change as a project proceeds.

For the employer the main benefit is that he can be closely involved in the change process rather than leaving the whole business to the contractor and hoping he will get it right. The major benefit for the contractor is that the supplements reduce the chance of things going wrong in the first place. And if problems arise, they ensure contractor and employer work together to get things back on track.

Download the JCT98 change management supplement (pdf 472kb)

Download a specimen practice note (pdf 439k)

For further information or to order copies of the supplements and guidance note, contact: Nicholas Gould at

Conflict avoidance and dispute resolution in construction

Lead author Nicholas Gould

Part of the QS & Construction Standards this guidance note summarises what is meant by dispute avoidance and dispute resolution; it identifies in outline only the key issues that all surveyors should understand in respect of these distinct substantive areas. It cannot cover every issue or every technique for avoiding disputes neither can it cover the wide-ranging issues that relate to dispute resolution, the applicable rules or strategies that might be adopted. For more information or to purchase a copy please click here.