Dispute Resolution
Post Contract Download
This White Paper picks up from our first paper (The 10 Commandments of Pre-contract).
You are on site and the whistle has gone, what do you do now to avoid disputes or ensure that you can resolve them quickly and amicably? Our third paper will detail 10 things that you must do after signing a construction contract and critically, maintain throughout the duration of the contract.
To download our FREE 10 step guide “10 Commandments of Post Contract” simply enter your details below.
Standard PQQ At Last?
I think we can all agree that PQQ’s really are a pain in the backside. Almost every bid has a “different” set of questions or more likely the same bl*&dy questions in a different format!!
Therefore it was with some degree of hope that I read the other week, our industry may finally have a standardised PQQ that has a fair chance at being adopted throughout.
The Government has revealed
PAS 91:2010. It is a uniform set of core questions for stage one pre-qualification exercises.
Retentions Problems - What can you do?
Retention of monies on construction projects has always been a bone of contention in the industry. Some are for and some are against. I would wager that more are against it.
I would lay that bet because the number of specialist sub-contractors in the industry far outweighs the number of main contractors / employers. And lets face it they are the ones who are at risk of this contract stalwart.
When is a Dispute not a Dispute
No sadly this isn't a joke but if you have ever been in a genuine dispute then you will no doubt be aware of the punch line.
But to answer this you have to understand the origins of a dispute.
Usually one side makes a claim / statement that is contradicted by the other side giving rise to a disagreement.
A disagreement is not a Dispute.
The disagreement only graduates to a dispute when either party, for whatever reasons, cannot accept the consequences of the disagreement and they insist that it is resolved.
The Perfect Storm - A Survival Guide To Disputes
Many of the contractors I meet, primarily during a dispute, have one thing in common. They have usually been too lenient with clients and not been completely focused on their cash flow.
As the economy……..thinking of a positive word here……imploded, cash became a scarce commodity and as it continued to dry up many companies fell victim and still are, to what I term "The Perfect Storm".
8 Business Mistakes That Could Cost You Your Business
Let's get one thing straight. Business success certainly isn't pot luck. Running a business is never easy - no matter how successful you are - and so you have to expect to make a few mistakes along the way. However it is how we react to and learn from these mistakes that will play a key role in determining how successful your company will be.
Early Neutral Evaluation
This ADR technique is the simplest and very often the quickest. Our Evaluator will examine the parties evidence submitted. After examination we will provide the parties to the dispute with an objective, non-binding recommendation of how we consider the dispute would be resolved if it were to be referred to adjudication, arbitration or litigation.
Alternative Dispute Resolution
If you are in dispute over what you feel is the correct or at the very least an acceptable amount for the work that has been carried out as part of a contract or another contract issue, you need to consider your next step very carefully.
