Construction Conflict Management and Resolution by Peter Fenn
By Peter Fenn
This ebook brings jointly over forty papers provided on the 1992 foreign building clash administration & answer convention held in Manchester, united kingdom. Six subject matters are coated, together with substitute dispute answer, clash administration, claims approaches, litigation and arbitration, overseas development, and schooling and the future.With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this ebook represents the 1st multi-disciplinary physique of information on building clash and should act as a distinct resource of reference for either felony and development pros.
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3 Preventing and settling disputes Where disputes are concerned, prevention is much better than cure! Employers should decide what they want and designers, contractors, sub-contractors and suppliers should ensure that they understand what is expected of them. Parties should then enter into proper contracts and not rely on letters of intent or other nebulous arrangements. Standard forms of contract are often criticised, but since construction work is complicated it is inevitable that contracts governing it are also complicated.
Op cit) Zikmann, R. (1992) Successful Conflict Management. Proceedings of the UMIST Conference. Smith, M. (1992) Facing Up to Conflict in Construction. Proceedings of the UMIST Conference. R. (1992) Contracts Cause Conflicts, Proceedings of the UMIST Conference. , Kennedy, P. and Sommerville, J. (1992) Contingency Management of Conflict: Analysis of Contract Interfaces. Proceedings of the UMIST Conference. CONSTRUCTION CONFLICT MANAGEMENT AND RESOLUTION 17 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Turner-Wright, P.
It is this background that led to Construction being one of the leaders in the development of arbitration as an alternative to the courts in resolving disputes arising from unique construction contracts. Disputes arise between men even if they result from problems with materials, machines, methods and money—the resources of management. The use of management techniques arising from a study of management principles and practices are more likely to be conducive to a satisfactory resolution of such disputes than the practice of the courts—but they should embrace some of the excellent concepts of arbitration.