Successfully managing construction disputes - adjudication and dispute resolution

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COURSE BACKGROUND
• Construction disputes are increasing. Therefore, a knowledge and understanding of managing these, if unavoidable, including adjudication, mediation and arbitration, are becoming very important and involving more time input.
• This 1 DAY COURSE is aimed at those in the construction industry who get involved in disputes from time to time, whether on behalf of employers, contractors or subcontractors, but who do not specialise in disputes work. The course will deal with the nature of disputes in the industry, adjudication, the process and the procedures, review the Construction Act and the Scheme, as well as the procedures of the JCT and the NEC. It will also consider other forms of dispute resolution such as Mediation and Arbitration, as well as negotiation techniques, settling and concluding a dispute. There will also be workshops to apply the information.

SPEAKERS’ PANEL
• The speaker for each course will be from a panel of Peter Ormston and Michael Rowlinson

16 February 2011 London
21 February 2011 Manchester
21 March 2011 Solihull

Delivery:
  • Classroom
Regions:
  • North West England
  • The West Midlands
  • London
Category:

Further Details

OVERVIEW

INTRODUCTION
• What is a dispute and, if it cannot be avoided, how can it be resolved?
• History & background to adjudication, what is it? the process, procedures, appointment of the Adjudicator and the role. The nature of adjudication and questions of liability. Mediation and Arbitration. ADR.

DISPUTE RESOLUTION - OBJECTIVES
• What is a dispute?
• The objectives and outcome sought
• Tactics and direction
• Keeping control
• Balancing loss and risk

CONSTRUCTION ACT
• Contracts subject to the Act including recent cases
• Affect of the Act and requirements for Adjudication
• Timescales and extensions
• Failure to comply with the Act
• Terms of the Contract
• Effect of the Adjudicator’s Decision
• Questions of jurisdiction and scope
• Notice of intention – timing and content
• Dispute/Difference – crystalised
• Withholding/Deductions
• Provisions and impact of the ‘New Construction Act’

SCHEME FOR CONSTRUCTION CONTRACTS
• The Scheme rules
• Applying the rules on appointment of the Adjudicator and replacement
• Referral and further submissions
• Presenting a persuasive case
• Evidence and documents relied upon
• Power and duty of the Adjudicator
• Fees and costs
• Applying the law
• Meetings – representation and procedure
• Burden & Standard of proof
• Arguing the case
• The Decision and reasons
• Interest
• Challenging the decision

CONTRACT ADJUDICATION RULES
• Review the adjudication rules in the main standard form contracts including JCT and NEC
• Further proceedings – time and procedure

ENFORCEMENT AND RECENT CASES
• Enforcement of an Adjudicator’s decision – practice and procedure
• Step in/Step out jurisdiction
• Set off against a decision
• Power to award costs
• Slip rule and mistakes
• Construction operations
• Contracts in writing
• Binding but not final
• Same dispute
• Framing the reference
• Pre-Conditions to Adjudication

DISPUTE RESOLUTION - ALTERNATIVES TO ADJUDICATION
• Consider mediation – contract terms and process
• Arbitration – summary of the law – practice & procedure


CONCLUDING A DISPUTE
• Procedures
• Negotiation
• Settlement
• Binding Compromise Agreements

PRACTICAL EXAMPLES AND WORKSHOP

This Training Course is taught in classrooms in the following locations:
Manchester
Birmingham
London WC

Guide Price: £280 plus VAT