Quantity Surveyors Role in Construction Dispute Resolution - Assignment Example

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Wastage of time and money due to disputes has always jeopardized the construction industry but due to the recent phenomena of globalization the probability of occurrence of disputes has increased drastically. The reason being variety of parties with different cultural and legal systems engaged in a single project with varying interests…
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Download file to see previous pages The system being young is in a phase of evolution, hence some of them are the there are several techniques that are devised for the execution of the approach. This paper will cover the most relevant and applied ones with respect to the construction industry of UK. In addition, I strongly believe that we discuss techniques which are being discussed and administered under Arbitration Act 1996. The techniques that are discussed in this paper would be as following, 1. Negotiation, 2. Arbitration, 3. Mini-trial , 4. Dispute Review Boards/ Dispute resolution boards, 5. Mediation 1. Negotiation One of the foremost and basic techniques is negotiation. This technique is discussed first due to the fact that it occurs first in the process of dispute resolution. In this the parties in dispute resolve the issue themselves and no third party is involved in the process. The process of conducting this technique is simple and basic, where the two parties meet, preferable face to face, discuss upon the issues, finally coming to a mutually agreeable point. If this point is reached than normally the process end with an issues of a letter of agreement or memorandum of understanding, which will act as partial bidding for future line of action for both parties. The advantages of this technique are that it cheapest and quickest for the parties. Then this technique helps in retention of the commercial relationship between the parties. Most importantly there is least preach of confidentiality under this technique, as no or very little information is transmitted to other external sources and the engaged parties have the full control. Whereas the disadvantage of this technique is that it is not applicable incase the difference claims from the parties is too much and if either party is not interested to continue the work or maintain commercial relation. The role of the quantity surveyor is the most crucial one in this technique, due to the fact that whenever there is a dispute, both parties have to evaluate and quantify there loss/gain which will act as a decision support system. As mentioned earlier in the start of a dispute it is all about the number game and there is very less input required from the side of the lawyers at this stage, so the project manager or management in general are very dependent on Quantity Surveyors for advice and evaluation of the cost and benefit analysis. Lastly when the two parties meet for negotiation, only the quantity surveyor has the precise knowledge about cost, associated resources and issues related to certain activities of the project. Hence the role of QS is most relevant in this technique as there is very less involvement of law and very high level of involvement of numbers and activity monitoring. I believe the process can be improved if this process start from the lower levels of management and then go up. As it is suggested that the lower management must first meet and try to resolve the disputes. 2. Arbitration Arbitration is one of the two oldest techniques to dispute resolution, hence several newly devised are somewhat rooted out of this technique. The arbitration is initiated if the initial negotiations fail, and several of the times it is invoked by the clauses of the contract that was written between the parties. If there is no provision of Arbitration in the contract then a voluntary agreement is made between the partie ...Download file to see next pagesRead More
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