Alternative Dispute Resolution in the Construction Industry: An Evaluation of UK Research and Practice
Title: Alternative Dispute Resolution in the Construction Industry
Subtitle: An Evaluation of UK Research and Practice
Subject Classification: Built Environment, Law and Legal Ethics
BIC Classification: LNCQ, KNJC, LNAC
BISAC Classification: BUS070160, LAW003000, LAW019000
Binding: Hardback, pp.263
Publication date: 12th March 2023
ISBN (printed book): 978-1-80441-086-8
ISBN (web pdf): 978-1-80441-087-5
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Construction disputes by their very nature are often complex, sometimes multi-party disputes, many of which are not suited to either adjudication or traditional form of litigation (which are often slow, expensive and divisive). The sheer complexity of construction creates a compelling case for the introduction of alternative approaches within this adversarial industry. This book traces the history, development, current status and future direction of Alternative Dispute Resolution (ADR) in the UK construction industry.
It draws on the largest collection of Royal Institution of Chartered Surveyors-funded surveys on Scottish and English disputants’ perceptions and attitudes to ADR. It includes an examination of the key legislative and regulatory principles relating to ADR in the Construction sphere. The study also evaluates the role and functions of the Technology and Construction Court (TCC) in England and, with reference to case law, identifies its facilitative approach to ADR. The coherence of the TCC’s approach to issues such as refusal to resort to ADR is also examined. It will be a valuable reference work for scholars and practitioners in construction and the built environment, in the UK and internationally.
Author: Andrew Agapiou is Associate Professor, Department of Architecture, University of Strathclyde, Glasgow, Scotland
"The work provides, in an informative and entertaining way, a history and description of the current ADR landscape, comparing the varying techniques and their relative strengths and weaknesses. It compares the development of ADR methodologies across a number of jurisdictions and notes the encouraging approach taken by the TCC in its development in England and Wales.
However, it does more than all this. It gives rise to a number of considerations, some of them relatively profound. These include, for example, why has the role of the (construction) professional been devalued? Should MEDIATION become compulsory in the resolution of construction disputes, should it replace Statutory Adjudication as the “go-to” method of initial resolution? Why do some jurisdictions (Scotland, in particular) lag in the use of MEDIATION. Why does MEDIATION look as though it might follow arbitration in losing its cost-effective appeal and is this an issue related to the increasing participation of solicitors? What can be done to prevent this happening?
While aimed specifically at Construction, most of its contents apply equally to any Capital Project – for example, the resolution of disputes relating to “Techie Project Management” such as computing capital projects in the Banking and Insurance sectors.
It should arguably become essential reading for those in the ADR field and for construction professionals generally, (perhaps also wider “Project Management” professionals?) and should probably be prescribed reading for those taking the RICS “Conflict Avoidance” Pledge?"
- Allan Mungall, Fellow of the Institute of Civil Engineers