Free Essay on Construction Contract Disputes

Construction dispute commonly arises from different problems that can be faced during the construction process. A construction process usually provides or solution on how an argument is going to be handled, and it usually follows the dispute resolution measures. These procedures include mediation, arbitration and adjudication. Reconciliation is the procedure where a neutral third party helps the conflicting parties to reach a conclusive resolution. Adjudication is a lawful process of resolving a dispute; it is a formal way of giving a verdict in a court proceeding. Arbitration is a legal technique for resolving disputes outside the jurisdiction of the court. The resolution of contracts usually is a complex area of law. Conflicts may arise out of funding and real estate growth contracts and there are several methods to resolve them which include conciliation, arbitration among others.

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Construction disputes are honestly common, and they vary according to the nature, size and complexity of the conflicts. Construction disputes become costly if not resolved on time, some of the expenses that may arise as a result of this include opportunity costs, the cost to pay the attorneys and lawyers.

There are several ADR procedures used in dispute resolution, and they include:

1. Phase Conciliation- It requires persons unswervingly tangled in a conflict to search for the solution by negotiating directly. When a solution isn't arrived at within a fixed period of a spell, disagreement is then raised in the organizations. This happens until an amicable settlement is reached at.
2. Argument Evaluation Panels- it is usually comprised of at least three neutral experts who ensure they periodically monitor the improvement of potential problems resulting in conflicts. The panel also presides over free trials of the disputes and difficulties a consultative belief that both parties use as the source of further negotiation.
3. Conciliation- according to (Crocker 2018), the process where an impartial individual facilitates communication between parties to stimulate reconciliation, settlement or understanding among these conflicting parties.
4. Arbitration- according (Singer 2018), process the opposing party, presents the different subject on behalf of an impartial third party, which renders the specific resolution to the problems.

The occurrence of construction disputes specifies that the existing approaches to dispute resolution are not effective enough. Dispute resolution inclines on addressing how a specific method will help in resolving conflicts effectively. The ways of resolving disputes are regularly viewed as a means of ensuring disputes existing between two parties Are resolved amicably.

Conflict resolution systems design is an approach that is executed by businesses and societies in ensuring there are cost-effective means of resolving disputes among parties. They also have four effective methods of dealing with conflicts which include; conflict avoidance where there are attempts of one party to stop directly confronting issues and is only a temporary means of resolving a dispute. Collaboration is another method through mediation and other conflict resolution techniques, referring to those in senior positions in the authority so that they may give a helping hand with the situations at hand. The role that those in leadership positions play in ensuring they help in resolving existing conflicts.

There are four comprehensive conflict resolution methods proposed by "Slaikeau and Hassan", and they help in ensuring they are conflicts are resolved constructively (Song 2018). They usually use the context of a business environment. They include:

1. Site-based resolution- this is mainly the resolution of conflicts between the colleagues in the workplace and the decision is handled by the supervisor. Internal support, resulting in external ADR and alluring to those in higher authority but in the external environment like courts and government agencies.Progressive conflict resolution- According to (Abdou 2018) this is a conflict resolution method that seeks to bring an agreement to different parties in a business context, there are two crucial principles under this in trying to bring a constructive resolution, and they include; Allowing for the exceptional nature of the construction process, proceedings is not recommended for use even when there are serious issues to be resolved.
2. Conflict prevention is another significant step in ensuring there is effective dispute resolution. Several techniques ensure conflict prevention measures are effective in bringing a comprehensive approach to the problem.
3. Assessing risks and determining the conflicts to solve the dispute. When risk allocation is done improperly, this frequently leads to arguments
4. Collaborating with other arbitrators, mediators in ensuring they help in resolving disputes amicably.
5. Flexible dispute resolution is another method that can constructively help in resolving the disputes within differing parties. The planning and execution of this type of dispute resolution can help to address almost all arguments since it is flexible in its conflict resolution.

The clauses defining effective conflict process help in outlining a flexible framework for resolving disputes.

Conclusion

A construction process usually provides or solution on how a dispute is going to be handled, and it usually follows the dispute resolution measures. These procedures include mediation, arbitration and adjudication. Reconciliation is the procedure where a neutral third party helps the conflicting parties to reach a conclusive resolution. Adjudication is a lawful process of resolving a dispute; it is a formal way of giving a verdict in a court proceeding. Claims are usually the attributes to conflicts, and they include; unforeseen situations, lack of adequate information and might result in time wastage in construction dispute resolution. Progressive conflict resolution- This is a conflict resolution method that seeks to bring an agreement to different parties in a business context.

References

Abdou, J., & Keiding, H. (2018). A Qualitative Theory of Conflict Resolution and Political Compromise.retrieved from https://hal.archives-ouvertes.fr/hal-01796062

Crocker, C. A., Hampson, F. O., Aall, P., Aall, P., Crocker, C. A., Hampson, F. O., ... & Hampson, F. O. (2018). International Mediation: Conflict Resolution and Power Politics. In International Negotiation and Mediation in Violent Conflicts: The Changing Context of Peacemaking (Vol. 3, No. 1, pp. 231-268). Washington, DC: Harvard University Press. Retrieved from https://www.routledge.com/International-Negotiation-and-Mediation-in-Violent-Conflict-The-Changing/Crocker-Hampson-Aall/p/book/9781138704954

Singer, L. (2018). Settling disputes: Conflict resolution in business, families, and the legal system. Routledge. Retrieved from https://www.taylorfrancis.com/books/9780429494666

Song, X., Xu, J., Shen, C., & Pena-Mora, F. (2018). Conflict resolution-motivated strategy towards integrated construction site layout and material logistics planning: A bi-stakeholder perspective. Automation in Construction, 87, 138-157. Retrieved from https://www.sciencedirect.com/science/article/pii/S0926580517306209