Dispute Avoidance and Resolution

Brunswick^IS actively manages project relationships and construction contracts so as to resolve difficult issues before they turn into protracted and expensive disputes wherever this is possible. Differences between parties must be anticipated and procedures put in place to address difficult issues as soon as is practicable. Such procedures can become part of the formal contract between the parties or they can support the procedures set out in standard forms of contract.
Typically a standard form of construction contract will provide for disputes to be referred to:

• Adjudication
• Arbitration or Litigation

Adjudication is a rapid form of dispute resolution in which an adjudicator makes decisions on matters referred to him within a period of 28 days. The adjudicator’s decisions are binding until a further ruling is given in arbitration or litigation. Although decisions of the adjudicator are not final, the majority of disputes do not proceed further at least on a formal basis.
The common feature of the dispute resolution methods set out above is that they all involve a third party making decisions on behalf of the parties. The person making the decision can only decide on the basis of the party’s legal entitlements and cannot take account of non-legal issues that might help to resolve disputes (such as the offer of future work).
Where disputes can be resolved directly by the parties themselves this often helps to maintain important commercial relationships. The setting-up of dispute avoidance and resolution hierarchies can help the parties to resolve disputes themselves by first recognising that a dispute or difference exists and then by addressing it at an appropriate level. Such a hierarchy might comprise the following escalation provisions:

• Negotiations between project team members.
• Negotiations between senior managers.
• Discussions between project board members (if such a forum exists).
• Facilitated negotiations with a neutral third party (Mediation).

Brunswick^IS has experience in establishing such dispute avoidance and resolution hierarchies. In addition Brunswick employs staff who are accredited mediators who can facilitate negotiations in a structured manner to assist parties in coming to their own agreements.

If parties cannot resolve differences between themselves and a more formal dispute resolution procedure is required or forced upon a party then Brunswick^IS are experienced in representing parties in both adjudication and arbitration. Our group partner, Always Associates, specialises in construction law and contracts and can provide expert legal advice where this is required.

Brunswick^IS also has staff who act as expert witnesses in construction disputes.

Managing the Contract

Maintaining Project Controls

Controlling Project Cost

Controlling Project Change

Maintaining Collaborative Arrangements

Key Performance Indicators (KPI's)

Preparing Interim Valuations

Risk Management

Project Audits

Dispute Avoidance and Resolution

Agreeing Final Accounts