Martin Burns examines key challenges & new ways forward in the construction sector
Disputes in the construction sector can often result in minor issues escalating over time into more serious issues. Meaningful negotiations can stall and positions become entrenched. Lots of people, capital and resources can be thrown into the fray again and again, with little or no success. People who have got on well may no longer speak to each other, except through intermediaries, and costs can mount out of control.
The dispute can then spread and people not originally involved can get drawn in. Eventually the small issue which started the whole thing can end up being all but forgotten.
The problem with most methods for resolving disputes is that they often happen too late. By the time litigation, arbitration or some other ADR methods have got started, lots of time and money has usually been spent on lawyers and claims consultants. Timely completion of the project will have been jeopardised. When court action or ADR has finished, relationships will have been damaged, sometimes irrecoverably, and reputations and brands will have
