Quick, concise and direct, this pocketbook outlines the essentials that every architect needs to know about construction disputes – from tips on avoiding them in the first place and informally negotiating issues as they arise, to how to go about settling full-blown disputes more formally.
Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
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.
This synthesis report will be of interest to transportation agency administrators, including contract administrators; construction, design, claims, and scheduling engineers; project staff and managers; attorneys; and construction contractors. This synthesis describes the state of the practice with respect to procedures used throughout the United States to resolve disputes to avoid construction claims. Fair and timely resolution of contract disputes may help lessen highway construction project administrative costs, benefitting the public, the agency, and the contractor. This report of the Transportation Research Board examines the underlying reasons for contract disputes and identifies methods for dispute avoidance and resolution. It complements the information in NCHRP Synthesis of Highway Practice 105: Construction Contract Claims: Causes and Methods of Settlement, which focused on the causes of disputes. This synthesis further emphasizes finding ways to settle disputes at their inception, before they become formal claims or lawsuits.
This book examines the problems of boundary demarcation and its impact on territorial disputes, and offers techniques to manage and resolve the resulting conflicts. Historically, most civil conflicts and internal wars have been directly related to boundary or territorial disputes. Cross-border discord directly affects the sustenance and welfare of local populations, often resulting in disease, impoverishment, and environmental damage as well as creating refugees. Although the impact of territorial disputes is great, they can often be settled through bilateral, and sometimes multilateral, agreements or international arbitration. This book sets out to probe into the problems of existing techniques on boundary demarcation and to test their possible impacts on boundary and territorial disputes. Various factors and their influences on cross-border tensions are tested, either qualitatively or quantitatively. After close examination of dozens of the most significant cases, the book presents various alternative solutions to the achievement of cross-border cooperation in disputed territories. An ‘art of avoiding war’ is included within the book, comprising six key schemes and five negotiating techniques. The comparative advantages, costs and benefits of each of these is analyzed and evaluated. This book will help guide practitioners in territorial disputes and will be of interest to students of conflict management, international security, peace and conflict studies, political violence and IR in general.
Conquer the fear of conflict and its damage to working relationships.Does avoiding conflict to ?keep the peace? mean key issuesgo unaddressed? Learn simple ways to firmly address conflictissues before they erupt into major problems at work or home.In this book, you will learn to: Recognize conflict avoidance, Deal with passive-aggressive behavior, Change conflict-avoidant behavior in yourself and others, Become skilled at addressing avoiders, Understand conflict avoidance as a strategy
This presents effective techniques for resolving disputes. This excellent source can serve as a basic training manual for you who are involved in mediating disputes. The extensive array of real-life examples of typical scripts that may play out in situations that will help you clarify these ideas. These are powerful tools for anyone caught in the middle of other people's disputes. It shows how effective mediators can pull people together to produce creative solutions. With hands-on methods and realistic scenarios and techniques. It shows how conflict can be an opportunity to control disputants and avoid outbursts, set a problem solving tone, uncover the nature and scope of the dispute, interview angry people and keep them on track. A Dewey Decimal Number has been added for easy library filing.
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