Construction disputes

Abstract

The aim of this paper is to consider in outline various methods of resolving disputes principally in relation to construction contracts. Those methods of dispute resolution could, however, apply to any contract or dispute. The paper identifies the principal considerations to be taken into account when selecting methods of dispute resolution for inclusion within a contract or for determining a dispute and identifies some of the strengths and weaknesses of the primary methods available. Several different methods of dispute resolution are considered, both traditional, for example, litigation and arbitration, and alternative, for example, mediation, adjudication, expert determination and dispute boards.