Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success are analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute.
There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of ‘prevention is better than cure’ seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.
This book is written for users of mediation, whether they be a party, an advisor or an expert. It should also be of help to commercial mediators who have no specialism in construction. Its aim is to encourage confidence in the mediation process and to ensure that those who do use mediation to resolve their disputes do so effectively and so are able to maximise the opportunities that mediation offers.
"This best practices manual will show you how to use alternative dispute resolution to handle construction disputes. Construction mediation experts Silver and Furlong explain strategies for minimizing conflict before, during and after a project. You'll achieve solutions faster, save significant amounts of money, and maintain business relationships for future projects."--Pub. desc.
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.
"Conciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success will be analysed. This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resolving disputes by conciliation, Brian Bond illustrates the problems which can be encountered and how they may be overcome. This book will be useful reading for all involved in construction contracts, construction managers, lawyers and legal advisers, conciliators, those aspiring to become conciliators and anyone looking for an alternative dispute resolution method to a construction contracts dispute"--
"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
This book has been conceived to address a particularly pressing aspect of ‘disputes in constructions projects’. It provides a practical guide & follows a very systematic approach, to dispute resolution, through mediation, conciliation and arbitration, under the construction contracts. It covers all aspects of the causes of delay including coverage of delay analysis report, the various disputes, and the arbitration process for satisfactory & faster resolution. This book is based on issues relating to major EPC projects of process industries such as steel, petrochemical, power plants, etc. It also covers issues relating to the infrastructure sector in private and public sectors. This book will be useful for persons involved in construction arbitration, lawyers, project professionals, arbitrators, students and academicians. The Present Publications is the 1st Edition, incorporating analysis of problems of the construction sector and their impact along with analysis of 10 case studies while attempting to cull out the necessary principles involved in the execution of the projects. The key features of this book are as follows: • In the introduction, the current scenario of construction sector has been discussed, along-with the problems faced by them and its impact on country’s growth/GDP. • [Delay Analysis Report] Project finalization & execution has also been briefly addressed, along with detailed description of possible reasons of conflicts and disputes in large projects. It also includes Delay Analysis Report (‘DAR’) detailing all the delays which take place in construction projects. • [Preparation of Claims with Examples] Preparation of claims and counter claims has been elucidated (with examples) along-with organizing the evidence for construction arbitration. • Use of Alternate Dispute Resolution (‘ADR’) mechanism, for dispute resolution has been discussed. • [Case Studies] are provided, that compare the project execution methodology, concerning private and public sectors and the outcomes of projects. • [Simple & Lucid Presentation of Text] Technical, contractual & commercial reasons for delay in projects have been described in simple language, which can be understood by lawyers, arbitrators, and laymen working in the construction industry The contents of the book are as follows: • Impact of disputes in construction sector • Ideal needs of successful project execution • Overview of projects and construction sector in India • Types of construction contracts – Traditional • Projects execution in India – Status • General process of finalization of EPC contract for large projects • Stakeholders in EPC project • Analysis and comparison of salient features of different EPC contracts • Critical examination, comparison and review of major clauses of EPC project contracts • Brutal global impact of COVID-19 • Force majeure in Indian projects due to COVID-19 • Project monitoring & control • Pre-requisites for successful completion of an EPC project • Case studies of project execution detailing the methodology of execution, elements of delay and potentialities of disputes in projects • Conclusions drawn from the case studies of project execution • Common clauses of delays in EPC projects • Preparation of project Delay Reports • Delay analyzing techniques in construction projects • Delay in construction contracts – A Legal View • Construction dispute resolution as per Alternate Dispute Resolution mechanism • Settlement of construction dispute through Negotiation • Settlement of construction dispute through Mediation • Settlement of construction dispute through Conciliation • Settlement of construction dispute through Arbitration • Indian Arbitration and Conciliation (Amendment) Act, 2019 a reflection • Claim in a construction project • Need for evidence in construction arbitration Reviewed by Justice Dipak Mishra | Former Chief Justice of India After reading the book, I am tempted to say that though it focuses on a very prosaic subject, yet there is “something” in it that makes it interesting for the readers. And any reader can find that “something” only after studying the book. It is a must read for the students, practitioners and academicians involved in the field. I so recommend as the author is consistently guided by the motto, “quality speaks for itself”. The author’s intention is to assist and educate. I have deliberately used both the words because I am of the view that this book should be read by some with the vision of an Argus-eyed personality and some should study with humility. The author deals with many facets with admirable precision. One may consider his delineation with regard to the conception of delay. He has commandedly adverted to “Common Causes of delay in EPC Projects”. I am certain that anyone arguing a matter before a Tribunal or Court will be extremely benefitted. The author’s case study has its own impact and reaffirms the old saying “Example is better than Precept”. He believes in the concept “successful project execution is more than a written piece of contract”. This statement by Dr. Saraswat deserves to be a quotation. Reviewed by Justice B.B. Srikrishna | Former Judge | Supreme Court of India Dr. S.B. Saraswat is a technocrat with extensive experience of four decades in public as well as private sector industries in India and abroad. He was actively involved in successful execution of many large projects in Steel, Power and Petroleum sectors. His long experience in their execution has exposed him to various kinds of disputes faced as client and as contractor. This book is the result of his rich experience of dispute resolution by arbitration in the construction industry and reflects his insights on aspects of delays, disputes & their resolution. Apart from general discussion of the arbitral mechanics in such disputes, the book focusses on the nature of construction contracts, the likely pitfalls therein, the force majeure clauses in such contracts, project control and monitoring, common causes of delay in EPC contracts, delay analysis techniques, techniques of ADR, nature of claims, their submission and the evidence required to substantiate the claims in light of the legal provisions of the Arbitration and Conciliation Act, 1996 and other applicable laws. Reviewed by Justice Deepak Verma | Former Judge | Supreme Court of India This book by Dr. S.B. Saraswat encapsulates the following: • The problems of the construction sector and their impact has been analyzed in detail. • First it has been advised that disputes should be resolved mutually among stakeholders failing which mediation and conciliation should be adopted. Procedures for the same have been described in the book. • It is a fact that large construction projects in India are invariably delayed due to a variety of reasons. This book contains all the possible reasons for the delay in the project. Further, the book also spells out an action plan to avoid such delays. • The book has handled the delay analysis through various delay techniques normally adopted as a standard practice. Delay in the projects has been described in a comprehensible manner that can be easily understood by lawyers, arbitrators and laymen working in the construction industry. • The book also analyses 10(ten) case studies while attempting to cull out the necessary principles involved in the execution of the projects. • Preparation of claims has been dealt with in the book and explained with suitable examples. • Utility of evidences to substantiate the claims have been incorporated. • The book discusses ADR techniques like Negotiation, Mediation, Conciliation and Arbitration to resolve construction disputes. Reviewed by Justice A.K. Sikri | Former Judge | Supreme Court of India Understanding the need to have some authentic book to guide and help all the stakeholders, Dr. S.B. Saraswat has laboured to produce the book at hand which specifically takes care of issues relating to construction arbitration. The three major elements in this field as mentioned above, viz., delays in such projects, nature of disputes and the resolution thereof through arbitration are the themes which are very deftly articulated and presented in a manner which can easily be absorbed by the readers. A distinguished feature of the book is that the scope is not confined to use of ADR mechanisms for dispute resolution (which includes mediation as well as arbitration), but contains an in- depth analysis into the causes leading to such disputes. This becomes important to ensure ‘Dispute Avoidance’, wherever possible. In case of disputes, the book acts as a helpful guide for the disputants in the manner in which claims should be preferred or the defences be offered. It also guides the stakeholders the manner in which evidence needs to be organised or supporting the claims or defending the claims.
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.
This title works its way through the spectrum of dispute resolution techniques, negotiation, mediation and conciliation, expert determination, adjudication, arbitration, litigation and more.
