Download or read book ADR and Adjudication in Construction Disputes written by Peter Hibberd and published by Wiley-Blackwell. This book was released on 1999-10-05 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some years there has been growing dissatisfaction with litigation and arbitration as a means of settling construction disputes, and increasingly parties have been turning to adjudication and alternative dispute resolution (ADR). This trend was given a major impetus by the introduction of the 1996 Housing Grants, Construction and Regeneration Act and the Scheme for Construction Contracts, which resulted in statutory adjudication being introduced in most of the main building and engineering standard forms. This book surveys the growth of ADR and looks in detail at the various methods: * adjudication and expert determination * mediation and conciliation * dispute review boards and disputes advisers * other forms, such as mini-trial and mediation-arbitration It discusses the Housing Grants, Construction and Regeneration Act and the Scheme for Construction Contracts, and their effect on adjudication and construction contracts considering both procedural and legal issues. It looks in detail at the adjudication clauses of all the main building and engineering contracts.
Download or read book Alternative Dispute Resolution in the Construction Industry written by Andrew Agapiou and published by Ethics International Press. This book was released on 2023-11-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction disputes by their very nature are often complex, sometimes multi-party disputes, many of which are not suited to either adjudication or traditional form of litigation (which are often slow, expensive and divisive). The sheer complexity of construction creates a compelling case for the introduction of alternative approaches within this adversarial industry. This book traces the history, development, current status and future direction of Alternative Dispute Resolution (ADR) in the UK construction industry. It draws on the largest collection of Royal Institution of Chartered Surveyors-funded surveys on Scottish and English disputants’ perceptions and attitudes to ADR. It includes an examination of the key legislative and regulatory principles relating to ADR in the Construction sphere. The study also evaluates the role and functions of the Technology and Construction Court (TCC) in England and, with reference to case law, identifies its facilitative approach to ADR. The coherence of the TCC’s approach to issues such as refusal to resort to ADR is also examined. It will be a valuable reference work for scholars and practitioners in construction and the built environment, in the UK and internationally.
Download or read book Dispute Resolution in the Construction Industry written by Nicholas Gould and published by Thomas Telford. This book was released on 1999 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The challenges facing all members of the construction industry are enormous, but not unachievable... I am confident that the ACE Client Guide 2000 will help all members of the construction industry, whether consulting engineers, architects, surveyors, contractors and their clients, better understanding the challenges facing us and encourage appropriate actin to be taken" Jim Dawson, ACE Chairman 1999-2000. Providing an overview of the market, its structures and external influences, this invaluable guide will help members of the construction supply chain to understand their clients' business needs and equip them to invest appropriately for current and future market developments and take advantage of emerging opportunities. The ACE Client Guide 2000 has been prepared in the ligth of feedback on the first edition, which was published in November 1998, and developments both within the construction industry and in the wider economy over the past 12 months, the facts, perceptions, commentary and sources set out in the ACE Client Guide 2000 provide a basis for individual firms to examine: - What to do - Why they do it - How they do it - How well they do it - Where improvements could be made - How such improvements could be achieved
Download or read book AAA Handbook on Construction Arbitration and ADR Second Edition written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-10-01 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with chapters on specific strategies and tools to help manage risks and avoid disputes in the construction field. It discusses ADR as it relates to subcontracting and labor disputes, the use of a neutral architect, the importance of site visits, and the significance of understanding ADR procedures before agreeing to them. The option of using mediation to resolve disputes is explored, including guidelines and tools for successful mediation, the expert’s role in construction mediation, and what works and what doesn’t work in construction disputes. The use of arbitration is also looked at in depth and guidance is provided for both the arbitrator and for the advocate. There is an entire section devoted to partnering (the creation of a working relationship between a building owner and a contractor which further involves subcontractors, design professionals, and other agencies), discussing its benefits and providing useful tips. Lastly, advice is provided for both small and complex construction claims, and the use of Dispute Review Boards (comprising panels of three technically qualified neutral individuals). The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Download or read book Introduction to Construction Dispute Resolution written by Feniosky Pena-Mora and published by . This book was released on 2003 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: For graduate and advanced undergraduate courses in Dispute Resolution. This text addresses new and innovative ways to promote collaborative environments and resolve disputes in construction by emphasizing the different steps in the Dispute Resolution Ladder and spelling out the main features of a conflict management plan. It also includes some practical applications of Dispute Avoidance and Resolution Techniques in the construction industry throughout different cultures.
Download or read book Construction Industry ADR written by and published by . This book was released on 1994 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Construction Arbitration and Alternative Dispute Resolution written by Renato Nazzini and published by Taylor & Francis. This book was released on 2021-10-21 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over construction and infrastructure concessions and agreements. Tapping on their substantial expertise in practice and in research, the contributor team of senior practitioners and academics in the area of construction law and dispute resolution provide readers with information that balances an intellectually rigorous academic contribution against the backdrop of real concerns raised in practice. Construction Arbitration and Alternative Dispute Resolution is an invaluable resource for practitioners in the field, academics in arbitration and construction law, and post-graduate students in construction law and dispute resolution.
Download or read book Resolving Construction Disputes written by Diana Holtham and published by Chartridge Books Oxford. This book was released on 1999 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary: This book examines how disputes arise in the construction industry and suggests ways of avoiding them by identifying problem areas. It introduces the principal means of dispute resolution, litigation, arbitration, ADR and adjudication - it explains how each operates and considers the advantages and disadvantages of each method. The book is written in a straightforward approach and is clear, concise and practical. It has been prepared by a team of lawyers who work for one of the leading law firms engaged in this area. The book is aimed at all of the professions engaged in the construction industry. Contents: Introduction Dispute avoidance Litigation Arbitration Alternative dispute resolution Adjudication
Download or read book Construction Conflict Management and Resolution written by P. Fenn and published by Routledge. This book was released on 2003-09-02 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.
Download or read book Mediation in the Construction Industry written by Penny Brooker and published by Routledge. This book was released on 2010-07-19 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts’ own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts. These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies. This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.
Download or read book Alternative Dispute Resolution in the Construction Industry written by Robert Frank Cushman and published by Aspen Publishers. This book was released on 1991 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dispute Resolution in the Construction Industry written by Nicholas Gould and published by Thomas Telford. This book was released on 1999 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title works its way through the spectrum of dispute resolution techniques, negotiation, mediation and conciliation, expert determination, adjudication, arbitration, litigation and more.
Download or read book Conflict in Construction written by Jeffery Whitfield and published by John Wiley & Sons. This book was released on 2012-07-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction projects are beset with disputes. In 1960 around 250 writs were issued relating to construction disputes. Within 30 years this number increased five-fold, and in the 20 years since then the number of disputes has not fallen. Some disputes are significant, others are quite minor, but most could probably be avoided. Disputes originate in disagreements or conflict between individuals, which if addressed early, can prevent escalation into situations that are difficult, expensive and time consuming to resolve. Conflicts in Construction deals with all types of conflict but concentrates on the conflicts that lead to disputes in construction projects. The book shows the reader how to avoid, manage and resolve conflicts before they become serious disputes. The first edition of Conflicts in Construction was read widely and saved many individuals and companies from falling into intractable disputes. The second edition, fully updated, forms the base content for the Hill/ Knowles seminar series on conflicts, delivered around the globe by the author, and will be an important read for everyone employed in the construction industry.
Download or read book Court Connected Construction Mediation Practice written by Andrew Agapiou and published by Routledge. This book was released on 2016-11-10 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The value of mediation has been widely acknowledged worldwide, as shown by the number of jurisdictions in which the courts enforce obligations on parties to negotiate and adopt mediation to settle construction disputes. This book examines the expansion and development of court-connected construction mediation provisions across a number of jurisdictions, including the England and Wales, the USA, South Africa and Hong Kong. It includes contributions from academics and professionals in six different countries to produce a truly international comparative study, which is of high importance to construction managers as well as legal professionals.
Download or read book Litigation Vs Alternative Dispute Resolution written by Christine M. Bartol and published by . This book was released on 1991 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently, the majority of all disputes are handled by litigation i.e. the court system. Participants in this process are discouraged by the expense, long time frame, and adversarial nature of this dispute resolution system. In addition, disputes that involve technical issues are evaluated and resolved by parties that often have little understanding of the intricacies of a technical process. People in the construction industry are generally "hands on" types of individuals, whose major goal is to complete the current project, and get on with the next one. For them, resolving a dispute quickly, inexpensively, and with the aid of other participants that are already knowledgeable about their industry, is a way to minimize the overhead expenses associated with projects. Alternative Dispute Resolution (ADR) is a system of providing dispute resolution by a technically knowledgeable, neutral party, in a loosely structured administrative framework. Litigation has its advantage in that it is a recognized, strictly controlled procedure, in which applicable laws and precedents can be used to resolve a dispute. Its disadvantage is that the time period from initiating action to resolving the dispute averages three to five years. Consequently, significant expenses, emotional drain, and lost opportunities are experienced by the participants. The advantage of ADR is that its informal structure allows for more latitude in the presentation of information and facts to participants that are familiar with the technicalities of the dispute situation. In addition, the lack of administrative and procedural boundaries allows for the dispute to be resolved in an average of six months, and at costs appropriate for the amount of the claim or counterclaim. The comparison of the applicability of litigation vs. ADR rests on the nature of the dispute; situations that are mainly characterized by legalistic boundaries are best handled by the court system, and situations that involve technical issues are best resolved using ADR. Since the majority of construction disputes involve the interpretation of written and (mostly) oral communication about highly interfaced technical components, dispute resolution using ADR should be the choice of most participants in a construction dispute situation. The information presented in this paper will compare the procedure for litigating a dispute vs. using ADR for resolving a dispute. In addition, the advantages and disadvantages of each method of dispute resolution will be analyzed. The conclusion, formed by input from numerous written sources, and interviews with dispute resolution participants, is that the advantages of ADR far outweigh any disadvantages, whereas the advantages of the court system are minimized by its adversarial nature, long time frame, and high overall costs.
Download or read book Dispute Resolution and Conflict Management in Construction written by Edward Davies and published by Routledge. This book was released on 2005-10-05 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.
