The Ace Client Guide

Not all disputes can be avoided. Indeed, an industry as large and complex as construction will undoubtedly generate disputes. New processes such as risk management and partnering are being developed in an attempt to tackle the causes of conflict, but the UK construction industry is still regarded as claims-orientated and a fertile ground for conflict and dispute. Construction disputes are caused by project uncertainties, problems in the process, or people issues. Uncertainties which are not dealt with by the project participants on a day-to-day basis can evolve into protracted disagreements, claims and disputes. This process of disputing is fuelled by entrenched positions, lack of communication and clashes of personality. Dissatisfaction with litigation and arbitration has led to the development of alternative dispute resolution (ADR) methods which embrace the use of a neutral third party in pursuit of a ‘business solution’. There are, however, conflicting reports on the success of ADR in the construction industry. Few industry participants appear to have had actual experiences of ADR and there is little empirical data on UK experiences. Most published texts on dispute resolution deal with just one technique, however this essential new guide provides an overview of the array of dispute resolution techniques available. It provides definitions and an explanation of the processes, and an insight into the views of the industry players. The report draws on DETR-funded research including the largest ever survey of UK construction disputing.