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New Construction Books For Professionals

Resolving Construction Disputes

Diana Holtham, Victoria Russell, Diana Hird and Robert Stevenson
all of Berrymans Lace Mawer

The authors are members of Berrymans Lace Mawer Construction Division, which works with developers, architects, engineers, contractors and their insurers.

This book explains how disputes arise in the construction industry and suggest 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.

Contents

INTRODUCTION: Construction industry's record on disputes; Overview of available methods of dispute resolution including: negotiation, litigation, arbitration, mediation and adjudication; Protection provided by insurance and insurer's role in disputes; The legal profession – do you need it? Limitation

DISPUTE AVOIDANCE: Risk Management Systems; Risk Management Training; Contract preparation; Collateral warranties; Disclaimers and exclusion clauses

LITIGATION: The courts – County Court, High Court, Official Referees, Appeal Court;Commencement of proceedings and pleadings; Directions; Discovery; Witnesses; Expert evidence; Preparation for trial; Trail procedure; Summary judgment; Payments into court;
Woolf Reforms; Summary – advantages and disadvantages of litigation

ARBITRATION: Principal differences between arbitration and litigation; Advantages and disadvantages of arbitration; The arbitration agreement; Arbitration procedure; The arbitration hearing; The role of the courts in arbitration

ALTERNATIVE DISPUTE RESOLUTION: Types available including; Types of disputes
suitable for ADR; Preparation for mediation; Referring a claim to mediation; Appointing a mediator – appointing bodies; Mediation procedures; Contractual provisions; Dispute Review Boards; Costs; Summary – advantages and disadvantages including

ADJUDICATION: Pre-Construction Act (i.e. standard forms of building contract);
Construction Act (summary of adjudication provisions); Scheme for Construction Contracts;Rules of various bodies e.g. ORSA; Qualifications for adjudicators; Differences between adjudication and ADR, litigation/arbitration; Summary – advantages and disadvantages of adjudication

Chandos Publishing.Oxford.England

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