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Dispute Avoidance: A non-confrontational approach to the management of construction contracts

D. Bryan Morgan

  • Format: Book

  • Publisher: RIBA Publishing

  • Date Published: Aug 2008

  • Stock Code: 64212

  • ISBN: 9781859462973

  • Binding: Paperback

Description

Dispute Avoidance is a practical management primer for construction professionals based on over forty years hard-won commercial construction contract experience around the world. It argues that running complex, high value construction projects is very demanding even when things go smoothly.

Disputes are therefore very unwelcome and without due attention can be exponentially damaging. It pays both to minimize the chances of them occurring in the first place and, if that doesnt work, to entrain strategies to manage them effectively once they exist.

A brilliant analysis identifies the types, causes and anatomy of disputes before offering a toolkit of simple management techniques to avoid costly ADR, arbitration or litigation procedures. This toolkit ranges from technical advice about the importance of knowing your contract and keeping good records through to the softer skills of active listening, body language and managing expectations.

The book concludes by looking at what to do once a dispute exists, describing a range of techniques from dispute mapping and analytical problem-solving through to framing, negotiation and de-escalation.Equally relevant to architects, contractors, surveyors, developers and anyone versed in basic contract administration skills, the advice is timeless and universal.

Seasoned professionals will discover a framework for thinking about disputes in a new way, while students and recent graduates will benefit by learning tried-and-tested business techniques at the start of their careers.

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