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