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A Study into the use of Dispute Boards in the Construction Industry (2011)


Ref: build0017

The root cause for half of all UK construction projects finishing over budget are split equally between clients and the supply chain activity. Internationally, FIDIC found that management and allocation of risk often influenced the overall success or failure of a given project. The Construction Industry Institute (CII) found that people were the most significant driver of disputes. While the principles driving construction contracts are long standing, construction contracts necessarily contain complex contractual machinery for keeping the contract in place and dealing with uncertainty. It follows that construction contract disputes are complex. In recent times Dispute Boards comprising impartial industry professionals convened from the project start until substantial completion to assist the parties in avoiding and resolving disputes have successfully reduced recourse to litigation and gained international popularity. Dispute Boards are able to help the parties avoid disputes by encouraging dialogue between them and by advising them on the correct interpretation of the contract. Dispute Boards are able to quickly decide disputes that are referred because of their involvement with the project. Dispute Boards are placed into their overall historical context in this dissertation by reference to legal principles and using mainly tunnelling and major projects as a background.

  • 13,000 words - 90 pages in length
  • Excellent use of literature
  • Good use of cases
  • Good analysis of the subject area
  • Ideal for construction law students


Chapter 1
Introduction
Research

Chapter 2
The Construction Industry
Introduction
Construction Projects
The Parties Involved in a Construction Project in Perspective
Construction Industry Reports
Constructing Excellence in the Built Environment
After Egan
Conflict in Construction
Controlling the Costs of Conflict
Conclusion

Chapter 3
Construction Industry Disputes: Historical Perspective
Introduction
Construction Contracts
The Thames Tunnel
IK Brunel and the Great Western Railway
William Ranger v Great Western Railway
Mackintosh v The Great Western Railway
Alexander Scott v George Avery
Kemp v Rose
Scott v The Corporation of Liverpool
Pawley v Turnbull
Jones and Another v The President and Scholars of St. John‟s College, Oxford
The Official Referees
The Introduction of Standard Forms of Contract
Chambers v Goldthorpe
Robins v Goddard
Multi-Tier Dispute Resolution
The Channel Tunnel
Impartiality
Conclusion

Chapter 4
The Causes of Disputes
Introduction
Causes of Disputes
Risk and Price
Dispute Potential Index
Conclusion

Chapter 5
Dispute Boards
Introduction
History of DBs and Contemporary Events
Philosophy
Conclusion

Chapter 6
Conclusions

Bibliography



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