Dispute Resolution in the Construction Industry

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Dispute Resolution in the Construction Industry

Platform: GoTo Training

THIS EVENT IS FULLY BOOKED. PLEASE SELECT ANOTHER DATE OR COURSE FROM OUR UPCOMING EVENTS.

A Two Day Seminar

INTRODUCTION

The construction industry has, in recent years, seen a number of important developments. Key among these is the development of adjudication as a form of dispute resolution. Adjudication rose to prominence through the NEC contracts and was later introduced through an addendum to the FIDIC contracts and, more recently, in the latest edition of FIDIC. Adjudication will be introduced into the local building contract through an amendment to the JBCC, to be introduced early in 2003. Adjudication has had marked success in other jurisdictions and clearly indicates the future of dispute resolution in the construction industry. Many contracts currently underway in South Africa and beyond contain adjudication provisions, yet most members of the construction industry are unclear as to what adjudication is, how it is applied, and how it differs from other forms of dispute resolution. Lawyers and construction personnel alike do not fully understand this form of dispute resolution and there are few people who understand the process sufficiently well to act as adjudicators.

WHO SHOULD ATTEND

  • Contractors and Subcontractors
  • Lawyers and Legal Advisers
  • Engineers, Architects, Consultants
  • Arbitrators, Mediators, Adjudicators
  • Developers, Employers, Clients
  • Government Officials involved in Construction Contracts
Jun 21 2021

Details

Start: 21 Jun
End: 22 Jun
Course Categories:

Venue

FULLY BOOKED

Seminar Content
Some of the issues to be covered in this two-day seminar are the following:

  • What is adjudication?
  • What is mediation?
  • What is arbitration
  • How does adjudication differ from arbitration, litigation, mediation?
  • Adjudication as a creature of contract
  • Adjudication as conceived under NEC, under FIDIC and under JBCC
  • Who can act as adjudicator; choosing the adjudicator?
  • Powers and authority of the adjudicator
  • Paying the adjudicator
  • The adjudicator's decision as immediately binding
  • Appeal against the decision of the adjudicator
  • Ad hoc vs standing adjudication
  • Advantages and disadvantages of adjudication
  • Step-by-step through the adjudication process
  • Successful negotiation
  • Conducting negotiation
  • Dealing with deadlock
  • Communicating effectively with the other side
  • Creating value
  • The investigation stage
  • Putting the BATNA, PATNA, WATNA and ZOPA to work