Dispute Resolution and Dispute Avoidance

Conflict in the construction industry is commonplace and resolving it can be costly and time-consuming. I hold a Master's degree in Construction Law and Dispute Resolution from Kings College London, am a member of the Chartered Institute of Arbitrators, and have first-hand experience dealing with contentious issues. This combination of practical and academic experience is invaluable for effectively dealing with disputes.

Dispute avoidance should be a priority, which is more likely to be achieved when the contract is administered correctly. This includes clearly defining the scope of work and managing change effectively. In the event that a dispute does arise, implementing a clear dispute-resolution strategy can be invaluable.

Dispute Avoidance

I have over 10 years of experience in the construction industry, and I have seen firsthand how disputes can derail projects and cost money.

I have also seen how early intervention can help to resolve disputes quickly and cost-effectively.

I am skilled at spotting potential disputes early on. I have a keen eye for identifying the warning signs of conflict, such as misunderstandings, unrealistic expectations, and poor contract administration. Once I have identified a potential dispute, I am able to take steps to resolve the issue prior to escalation.

Dispute Resolution

I follow the IRAC method where possible, which is a common approach to resolving disputes in the legal field. This involves systematically breaking down a dispute into components. IRAC stands for Issue, Rule, Application, and Conclusion. This is elaborated below:

Issue: The first step is to identify the issue giving rise to the dispute. This may involve gathering information from all parties involved, reviewing the relevant documents, and considering the applicable law.
Rule: The next step is to identify the relevant contract and common law legal principles.
Application: The third step is to apply the law to the facts of the dispute. This involves considering how the law applies to the specific circumstances of the dispute.
Conclusion: The final step is to reach a conclusion. This may involve stating the arguments in support of the position, potential counters from the other party, and a recommendation of how to resolve the dispute.

This method can help ensure that arguments are well-reasoned and persuasive.