Metroun Quantity Surveyors’ Post

DISPUTE can ignite at any stages of the project causing chaos and eventual failure of the project, if not taken proactive actions in avoiding, mitigating and resolving disputes. CHOICE remains within the Parties. EITHER to take up the dispute up to Dispute Resolution mechanisms like Tribunal / Arbitration, paying notoriously high sum of money to resolve it, and jeopardizing the relationship among the Parties; OR to resolve the Dispute before it becomes a Formal Dispute by using Dispute Avoidance Mechanisms available in the very Contract, which the Parties have mutually signed. A study published by ARCADIS in ‘Global Construction Dispute Report 2018’ the followings main guidelines were outlined to avoid disputes. (i)          Administer the Contract in the RIGHT direction (ii)         Make timely claims and make it CONVINCING (iii)        FULFILL the contractual obligations IN '2022 Global Construction Disputes Report' published by ARCADIS highlighted the followings. (i) The overall cause of disputes (ii) The most common methods of Alternative Dispute Resolution (iii) The most important factors in the mitigation / early resolution of disputes. and also RANKED the reasons of disputes, methods of resolving disputes and factors mitigating disputes accordingly, which is appended below for quick reference. Source: https://lnkd.in/dezGviAM

Through rising popularity, custom dispute resolution procedures (DRP) are shaping construction and PPP sectors. DRPs offer flexibility, speed, and privacy which are crucial for stakeholders in complex projects. Experts predict an increase in the use of multi-step DRP processes tailored to specific projects. By including DRPs in contractual clauses, stakeholders embrace remedies for impact construction and PPP disputes as well as global events like supply chain disruptions. Experts advise parties to seek legal counsel before signing contracts, while maintaining meticulous documentation throughout projects, and adhere to strict deadlines for claims. JTE Claims Consultants Ltd. provides a wide range of services to the Canadian construction industry, including construction claims consulting services and commercial advisory and project control services. Visit https://lnkd.in/g43aR6r to learn more. #ConstructionLaw #PPP #DisputeResolution #LegalTrends https://ow.ly/kYMh50R8J1G

Through rising popularity, custom dispute resolution procedures (DRP) are shaping construction and PPP sectors. DRPs offer flexibility, speed, and privacy which are crucial for stakeholders in complex projects. Experts predict an increase in the use of multi-step DRP processes tailored to specific projects. By including DRPs in contractual clauses, stakeholders embrace remedies for impact construction and PPP disputes as well as global events like supply chain disruptions. Experts advise parties to seek legal counsel before signing contracts, while maintaining meticulous documentation throughout projects, and adhere to strict deadlines for claims. JTE Claims Consultants Ltd. provides a wide range of services to the Canadian construction industry, including construction claims consulting services and commercial advisory and project control services. Visit https://lnkd.in/gJW8uR4 to learn more. #ConstructionLaw #PPP #DisputeResolution #LegalTrends https://ow.ly/kYMh50R8J1G

A publication that succinctly represents the intersection of my dual passions - engineering and dispute resolution. I am thrilled to share the pioneering initiative by the Pakistan Engineering Council (PEC), Pakistan's only end-to-end regulatory body for engineering. In a progressive move, the PEC is gearing up to launch the PEC ADR Centre, marking a significant milestone in the evolution of Pakistan’s engineering sector. The development of the PEC ADR Centre is timely and immensely beneficial for the construction industry and the nation as a whole, signaling a paradigm shift in Pakistan's approach to resolving engineering disputes. As an engineer, it fills me with immense pride to witness the fusion of these distinct yet complementary domains. This initiative not only exemplifies the dynamic nature of both these fields but also underscores the importance of effective dispute resolution for construction disputes. The CIArb Pakistan Branch is honored to extend its support to PEC in this venture, providing infrastructural assistance and capacity building for the soon-to-be-launched PEC ADR Centre. This collaboration is a testament to our shared commitment to elevating the standards of practice within our industries. I eagerly anticipate the transformative impact this initiative will have on Pakistan’s engineering landscape. Here’s to a new era of growth, innovation, and dispute resolution in our sector! Link to the article: https://lnkd.in/dCBVajpt #Engineering #DisputeResolution #Innovation #PEC #ADR

💥 Understanding NEC3 and NEC4 Dispute Resolution 💥 💫 NEC3 and NEC4 Contracts: Simplifying Dispute Resolution👇 After 14 years in the construction world, working with both JCT and NEC contracts, I can confidently say that NEC contracts are more proactive and collaborative. If you haven’t tried them yet, I highly recommend giving NEC contracts a chance. Here’s a quick guide to understanding their dispute resolution mechanisms: 1. NEC3 Contracts: 💥 Early Warning Notices: Notify each other of potential issues early to prevent disputes. 🤝 Risk Management: Joint risk registers and regular risk reduction meetings to mitigate risks collaboratively. 💥 Dispute Resolution Mechanisms: - Adjudication: A swift and cost-effective process with an independent adjudicator. - Arbitration or Litigation: For unresolved issues after adjudication. 2. NEC4 Contracts: 🚨 Enhanced Procedures: Building on NEC3 with more refined dispute resolution. 🔔 Early Warning Notifications: Continued emphasis on early issue identification and problem-solving. 💼 Dispute Avoidance Boards (DABs): - Standing DABs: Regularly review project progress to pre-empt disputes. - Ad-Hoc DABs: Address specific issues promptly. ⚖️ Dispute Resolution Mechanisms: - Adjudication: Quick and fair resolutions. - Senior Representatives: Negotiate before escalating to arbitration or litigation. - Arbitration and Litigation: Final recourse options. 💥 W1 vs. W2 Dispute Resolution Options: 🛑 W1 (Adjudication): Typically for domestic projects with quick, binding decisions. 🛑 W2 (Adjudication for International Projects): Complies with international standards for fair and recognized adjudication. 🤔 Why It Matters: 🔑 Proactive Approach: Early detection and resolution of issues. ⏱ Time and Cost Efficiency: Minimize lengthy and expensive legal battles. 🤝 Enhanced Collaboration: Foster a cooperative spirit and better working relationships. Understanding and utilizing these mechanisms can lead to smoother project execution and better outcomes for all parties involved. 🏗️🔧 🙏 Share this post to encourage more companies to use NEC3 & NEC4 Contracts. For more insightful content, follow Daryna Arkhypova (MCIOB), (AssocRICS) #NECContracts #DisputeResolution #ConstructionManagement #QS #QuantitySurveyor #ProjectManagement #NEC3 #NEC4 #Collaboration #ConstructionIndustry #BuildingSuccess #EfficientProjects #WorkforceDevelopment #Construction #Infrastructure #BuildSmart

The Construction Contracts Act 2002 provides for adjudication as a means to achieve speedy resolution for parties in dispute under a construction contract. Recently we have seen a rise in the use of adjudications, as parties look for a cost effective way to resolve issues. In the first of our series on Adjudications find out what adjudication is and when you might want to use it. As always, reach out if you have any questions. https://lnkd.in/gUh-ZN28

🏗️ We are excited to launch our next article series exploring the use of adjudication to resolve construction disputes. 🔨 In our first article, we introduce the basics of adjudication and the types of disputes can be adjudicated. #adjudication #constructionlaw

Navigating Construction Contracts? DRS Can Help! ️ Dispute Resolution Services (DRS), part of ST1 GROUP LTD, offers a comprehensive suite of services to keep your construction projects on track. Whether you're a contractor, subcontractor, or client, we can provide expert advice on: ⚖ Non-Contentious Services: •          Drafting iron-clad terms and conditions: Protect your interests with clear, concise contracts. •          Contract negotiation: Our experts guide you through securing the best possible terms. •          In-depth contract reviews: We identify potential risks and opportunities before you sign. •          JCT, NEC, and bespoke contract expertise: We navigate the nuances of all contract types. ⚖ Contentious Services: •          Adjudication representation: We fight your corner throughout the process. •          Expert witness reports: Our skilled specialists support your case. •          Strategic guidance: Let us assess your situation and recommend the best course of action. •          Claims management: We help you draft and analyse claims like extensions of time and loss & expense. Don't let contract disputes derail your project. Call us today on 01353 669394 or email colin.barton@st1group.com for more information #ConstructionLaw #DisputeResolution #DRS #ST1Group #BuildingBetter #Contracts #JCT #NEC #Adjudication #ExpertWitness #ClaimsManagement Colin Barton Jessica Pashley

INSIGHTS "Best Practices for Selecting the Right Dispute Board for Construction Projects under the FIDIC Contracts" Interesting article by Schellenberg Wittmer on #disputeboards in #construction contracts. #FIDIC https://lnkd.in/ewSEyMAS

Following on from our recent arbitration series, is our new series on adjudication under the Construction Contracts Act. We've been seeing an uptick in adjudications recently, so it's timely to reflect on the adjudication process, its benefits and potential uses. In the first article of our series, we comment on some of the basics: what adjudication is, when to use it and why. In future installments we'll track through the adjudication process, and comment on where we see the future of adjudications.