Successfully Managing Construction Disputes – adjudication & dispute resolution

This Successfully Managing Construction Disputes – adjudication & dispute resolution course is designed for those in the construction industry who get involved in disputes from time to time, whether on behalf of employers, contractors or subcontractors, but who do not specialise in disputes work.

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The Successfully Managing Construction Disputes – adjudication & dispute resolution course includes the following topics:-

INTRODUCTION
• What is a dispute and, if it cannot be avoided, how can it be resolved?
• History & background to adjudication, what is it? the process, procedures, appointment of the Adjudicator and the role. The nature of adjudication and questions of liability. Mediation and Arbitration.

DISPUTE RESOLUTION - OBJECTIVES
• What is a dispute?
• The objectives and outcome sought
• Tactics and direction
• Keeping control
• Balancing loss and risk

CONSTRUCTION ACT
• Contracts subject to the Act including recent cases
• Affect of the Act and requirements for Adjudication
• Timescales and extensions
• Failure to comply with the Act
• Terms of the Contract
• Effect of the Adjudicator’s Decision
• Questions of jurisdiction and scope
• Notice of intention – timing and content
• Dispute/Difference – crystalised
• Withholding/Deductions

SCHEME FOR CONSTRUCTION CONTRACTS
• The Scheme rules
• Applying the rules on appointment of the Adjudicator and replacement
• Referral and further submissions
• Presenting a persuasive case
• Evidence and documents relied upon
• Power and duty of the Adjudicator
• Fees and costs
• Applying the law
• Meetings – representation and procedure
• Burden & Standard of proof
• Arguing the case
• The Decision and reasons
• Interest
• Challenging the decision

CONTRACT ADJUDICATION RULES
• Review the adjudication rules in the main standard form contracts including JCT and NEC
• Further proceedings – time and procedure

ENFORCEMENT AND RECENT CASES
• Enforcement of an Adjudicator’s decision – practice and procedure
• Step in/Step out jurisdiction
• Set off against a decision
• Power to award costs
• Slip rule and mistakes
• Construction operations
• Contracts in writing
• Binding but not final
• Same dispute
• Framing the reference
• Pre-Conditions to Adjudication

DISPUTE RESOLUTION - ALTERNATIVES TO ADJUDICATION
• Consider mediation – contract terms and process. Arbitration – summary of the law – practice & procedure

CONCLUDING A DISPUTE
• Procedures
• Negotiation
• Settlement
• Binding Compromise Agreements

PRACTICAL EXAMPLES AND WORKSHOP

A 6 hour CPD certificate will be awarded after completion of the course

The cost of this Successfully Managing Construction Disputes – adjudication & dispute resolution course is £280 + VAT per delegate. Discounts are available for bookings of multiple delegates - contact us here to learn more and find out how we can help you.

High quality Construction and Property training

Construction Study Centre provide high quality training on all areas concerning Construction and Property Professionals. No matter if you have a team of Quantity Surveyors who need to get up to speed on the latest NEC 3 contract or a facilities manager who wants to act as a CDM Co-ordinator Construction Study Centre have the training course for you.

Experience and Knowledge

Whether you are holding an “In House” training seminar at your offices or attending one of our hundreds of public training courses you will benefit from the extensive experience and practical knowledge of Construction Study Centre’s excellent team of speakers.

For 20 years Construction Study Centre have been helping professionals in the industry hone their skills. Providing developers, employers, local authorities, contractors, consultants and others with the essential know-how for working with construction and property related issues including regulations, contracts, surveys and management skills.

CPD training for the construction and allied industries

Construction Study Centre Limited is arguably the UK’s leading provider of CPD training in the construction and allied industries. We have developed a reputation for the delivery of high quality public and in-house courses by ensuring that our speakers are highly experienced have excellent practical knowledge and are good communicators.

Since its formation in 1990 it has mounted over 2,500 public and 600 in-company courses across the UK for over 44,000 delegates, using nearly 600 different speakers.

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