Managing Issues & Disputes

The Construction and Property Industry Revolve around Contracts

  • Contracts that are often complex and difficult to interpret
  • Contracts that may have ambiguous “grey” areas or gaping “black holes”
  • Contracts that may have unrealistic pricing and programs

So it is not surprising that there are many contractual disputes in the construction industry

The Contract Dynamics Approach to Dispute Resolution is:

  • avoidance and prevention is the best form of dispute resolution
  • think “issues” and not “disputes” – even when the legal papers start flying around
  • take a combined commercial/legal approach to resolving issues and disputes
  • be proactive and realistic – always consider time, cost and relationships
  • resolution of issues and disputes is a professional skill, just like engineering

Contract Dynamics provides a network of experienced international practitioners who undertake independent appointments for Arbitration, Mediation, Expert Determination, Expert Witnessing, Neutral Evaluation, Dispute Resolution Boards, etc.

We provide advice; actively manage your commercial disputes; or represent your company in formal proceedings

Charles O'Neil

Charles O’Neil is our primary contact for dispute matters, at
charles_oneil@contractdynamics.com

Charles is a Chartered Arbitrator and Accredited Mediator. Refer to his Career Profile
for a summary of his dispute experience

Contract Dynamics works in association with international law firms,  professional organisations and internationally recognised dispute experts, including:

Somerset Consult: http://www.somersetconsult.com/

Resolex UK: www.resolex.com

Driver Group: www.driver-group.com

Contract Dynamics can provide advice to your company in the following areas:

Avoidance and Prevention

Create minimal opportunity for disputes to arise, through:

  • better planning
  • clear contract terms and specifications
  • effective communications

“Talk first – write later” techniques. Effective communications go a long way towards resolving issues and preventing them from becoming formal disputes. And it’s never too late, even after formal notices have been issued – keep talking, talk and talk again – it’s a lot cheaper than legal fees and does not consume any more executive time than briefing lawyers.

Dispute Management Skills

  • contractual analysis of the issues; realistic assessment of success
  • settlement negotiations – a specialist skill – if a line manager is not succeeding, it could be that they are too close to the issue; they may be part of the cause; they may be defensive, e.g. trying to protect their bottom line; they may be emotional – the answer is a change of negotiator, someone else in the company, or an independent professional from Contract Dynamics
  • dispute resolution strategies – if settlement cannot be reached and formal dispute proceedings are going ahead, then it is vital to agree on a strategic approach and manage the formal dispute process efficiently and cost effectively.