Cover image for Avoiding and Resolving Disputes

Avoiding and Resolving Disputes

Author Bart Kavanagh
Release Date: 2019/07/01
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Book Description

Quick, concise and direct, this pocketbook outlines the essentials that every architect needs to know about construction disputes – from tips on avoiding them in the first place and informally negotiating issues as they arise, to how to go about settling full-blown disputes more formally.

Table of Contents

  1. Cover
  2. Half Title
  3. Copyright
  4. Title
  5. About the author
  6. Acknowledgements
  7. Contents
  8. Preface
  9. List of cases and legislation
  10. Legislation in England and Wales
  11. 1. AWARENESS: A QUESTION OF DUTY
    1. What causes disputes?
    2. Where does a duty come from?
    3. What standard of care is owed?
    4. To whom might I owe a duty?
    5. What happens if I breach my duty of care?
  12. 2. AVOIDANCE: MINIMISING THE RISKS
    1. Minimising risks with the client
    2. Minimising risks with contractors and subcontractors
    3. Minimising risks with subconsultants
  13. 3. RESOLUTION: SETTLING DISPUTES BY CONSENT
    1. What is consensual settlement?
    2. Informal discussion
    3. Complaints procedure
    4. Negotiation
    5. Expert evaluation
    6. Mediation
  14. 4. RESOLUTION: SETTLING DISPUTES BY THIRD PARTY DETERMINATION
    1. What is third party determination?
    2. Adjudication
    3. Expert determination
    4. Arbitration
    5. Litigation
  15. 5. REPRESENTATION: GO SOLO OR CALL A PROFESSIONAL?
    1. Mediation
    2. Adjudication
    3. Expert evaluation and expert determination
    4. Arbitration
    5. Litigation
  16. Resources
  17. Legislation and regulations
  18. Codes of conduct
  19. Further reading
  20. Institutions and other bodies
  21. Glossary
  22. Index
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