This is an online event hosted by CIArb, taking place on 28 October 2021 at 4.00pm GMT/5.00pm CET, please check your local time zone.
The construction industry has been usually described as ‘adversarial’. It is prone to conflict, hostility, and dispute. To overcome it, much effort has been placed in resolving disputes and too little in avoiding them. Disputes cost time and money which would be better served in delivering projects. ‘Prevention is better than cure’ is as applicable to modern health care as it is to the construction industry.
Construction practitioners dealing with conflict and disputes are uniquely positioned to promote and advise on conflict avoidance techniques and strategies, and to resolve disagreements using non-confrontational procedures.
This presentation advocates the need for a cultural and behavioural change in the construction industry; one in which the parties’ interests are better protected when they intend to work ‘in a spirit of trust and co-operation’. Yet, trying is not enough. Concrete actions can be (and should be) taken during all the project stages - from inception until completion - to avoid disputes and overcome disagreements well before a third-party determination has to be enforced upon the parties.
This presentation will expose the main reasons for the adversarial nature of the industry. It will then show the lifecycle of a dispute and how it can escalate from the occurrence of an event until formal dispute resolution. It will also delve into the main reasons or sources of dispute in construction projects based on available data.
The webinar will go on to describe some possible solutions to avoid conflict during the procurement stage: procurement route, tendering strategy, tendering documentation, design development, as well as during the construction phase: fair payment practices, record keeping, risk management, contract management, claim management, early intervention, etc. Furthermore, the importance of the contract for dispute avoidance will be discussed. It will highlight that choosing the right type of contract, using unambiguous contract terms, compiling congruent contract documentation, establishing early warning and multi-tier dispute resolution procedures are paramount to prevent disagreements from happening or escalating. It will then describe the new contract terms that have been implemented in the latest versions of FIDIC and NEC standard contract forms to avoid disputes.
The presentation will end up by addressing how some of the latest technological advancements can help in this regard. Conflict avoidance in construction contracts is of public interest and requires the joint effort of all the construction actors to become more than a catchphrase.
Cost: There is no charge for this event. Guests and non-members are most welcome.
Registration: Save the date in your calendar and click on the link on the day and 15 minutes before start time.