Construction Disputes

Seeking Sensible Solutions

Wayne Clark

• Publisher: London Publishing Partnership
• Year: 2021
• Print ISBN:
  9781913019488
• eBook ISBN:
  9781913019501
• Topic: Personal Development
• Subtopic: Construction Industry

This book reflects the author's fifty years' experience in international construction projects and the management and resolution of disputes. During those fifty years, Wayne Clark's aim has always been to guide parties towards sensible and clear communication, nurturing relationships and seeking early solutions to their differences. His primary goal is to help parties avoid unnecessary conflict – a theme that is clearly evident throughout this book. While two chapters are devoted to preparing construction claims to persuade a tribunal – and in so doing persuade the other side to reach an amicable settlement – the book covers a much wider scope: from the building owner's dream through to the contractor handing over the completed project, wise contract administration, settlement negotiations, the third-party resolution process and, finally, arbitration. During each of these stages, the theme is for the parties to continually seek ways to resolve their differences. The book also introduces the idea of the 'shadow arbitrator', who, if commissioned early in the dispute process, can guide parties and legal counsel to prepare claims and arbitral pleadings that will persuade a tribunal – and encourage the parties to find sensible solutions.

Table of contents

• Cover
• Half title
• Title page
• Copyright page
• Table of contents
• A Tribute to Stephen Hepburn
• Foreword by Husam Gawish
• Preface
• Acknowledgements
• Chapter 1. Managing Construction Projects to Prevent Disputes
• Chapter 2. Wise Contract and Claim Management
• Chapter 3. Construction Claims: The Investigation
• Chapter 4. The Covid-19 Pandemic
• Chapter 5. Preparing Claims to Persuade a Tribunal
• Chapter 6. Seeking That Sensible Solution: Negotiation
• Chapter 7. When Negotiations Fail: Alternative Dispute Resolution
• Chapter 8. When All Attempts to Settle Fail: Arbitration
• Chapter 9. Conclusion: Seeking Sensible Solutions
• Further Reading
• About the Author