The Construction Industry has a reputation for disputes and conflict. For example almost 50% of all legal costs incurred in construction projects are associated with disputes. In 10% of all projects ca. 10% of the total project cost was legal cost.
Disputes and conflict on a project can hinder its efficiency greatly. An ineffective dispute resolution process can result in the breakdown of relationships between parties, a delay on the project leading to claims, frustration and irritation and de-motivation by those working on the project. Conflict often arises due to misunderstandings and differing interpretations of the contract. Greyzones, interfaces and language problems often are the reasons conflict arises.
The resolution of disputes is always a contentious issue in contracts-whether to use Mediation, Adjudication, Arbitration or even litigation!
This 1 day intensive course looks at Dispute Avoidance as well as Dispute Resolution as contemplated in the 1999 rainbow Suite of FIDIC Contracts. It introduces the delegates to Dispute Review Boards (DRB’s) as well as the Dispute Adjudication Board (DAB) as prescribed in the FIDIC Red, Yellow, Silver and Gold contracts.
The ICC Rules for Dispute Resolution are also discussed for those delegates who may be working out of South Africa and where these rules are prescribed.
The presenter will highlight the advantages of Adjudication as well as addressing the misconceptions that are still prevalent in the South African Construction Industry. True life experiences are used to amplify the very informative presentations and interesting case studies are used to illustrate the most important facets of the Dispute Resolution Process.
