Dispute Avoidance

At Connelly Consulting we know that lawsuits are costly and can be an inefficient means of resolving disputes.

Our goal is to save you the expense, time, and uncertainty of litigation. For small and medium size clients, one costly lawsuit can be enough to put them in financial jeopardy.

Project risk management including the avoidance and early resolution of disputes is therefore critical in the construction sector. This applies to all contracts, written or verbal, public or private, large or small, professional advice / design or construction.

dispute avoidance

We can approach then manage factors critical to minimisation and avoidance of disputes, in particular:

i. Recognition that each construction project involves the creation of a new group of people with diverse interests. There is thus the need to create a culture within the group which is project oriented, but which recognises the financial and social requirements of each participant, and facilitates the building of trust between them.

ii. In selecting project participants, significant weight should be given to the attitude of a participant, as well as its capacity and pricing.

iii. The early involvement of head contractors, specialist subcontractors and designers with the client and other project sponsors.

iv. Sensible risk allocation.

v. Appropriate delegation of authority, including financial authority, to problem solve rapidly.

vi. Selecting a project delivery mechanism and contractual framework that reflects the matters above.

Many different labels have been given to the wide range of dispute resolution techniques.

dispute avoidance

In reality there are only three distinct processes and all dispute resolution techniques are built upon these processes. They are:

1. negotiation - the problem-solving efforts of the parties themselves

2. mediation or conciliation - a third-party intervention does not lead to a binding decision being imposed on the parties; and

3. an adjudicative process - the final outcome is determined by a third party who does impose a binding decision on the parties.

If and when a dispute arises, we can lead negotiations, mediate or give expert advice to help assess the best outcome plan for resolution. If legal counsel is required our strong working relationships with some of the best national construction lawyers in can be utilised.


How to contact us

Thank you for visiting our website. If you would like to discuss your project or a related issue, I would be delighted to hear from you on email hello@conne.co.uk or on 0141 562 7502.

Craig Connelly LL.M MRICS



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