Most of the time construction projects in the UAE end in lengthy and undesirable disputes between the business owner and the contracting party or between the contractor and subcontractors.
As construction is a risky venture, it is likely to suffer variations, uncertain conditions and alterations in the project timelines.
Whether these changes are due to client’s or owner’s fault, or due to uncertain weather conditions upon which the contractor had no check, disputes are likely to arise.
And, if the dispute is not adequately resolved, depending upon the terms of the contract, the contractor reserves the right to claim for extension in the project’s timeline and the revision in the allocated budget.
And often these schedule and budget extension claims are refuted by other stakeholders either for not being legitimate or because they are not per the terms of the contract.
While these claims cost both parties in the long run and they can end up ruining the whole project. Here, we cannot ignore the role of quantum expert in the early and effective construction dispute resolution.
Few essential strategies are enlisted as part of your construction contract to employ if the dispute arises:
Negotiation is the peaceful way of resolving the conflict between the contracting parties. And in doing so, these stakeholders try to reach a satisfactory resolution among them before going for other means.
Mediation involves the inclusion of a neutral mediator in the construction dispute resolution process. This third party will facilitate the process of reaching a satisfactory conclusion.
Thus, it serves as a better way to control the situation which otherwise could ruin your entire project.
3. Involving Experts In The Process
Another approach to dispute resolution is to involve qualified quantum expert to resolve disputes of a complex nature. Expert determination of the resolution process is essential as sometimes arguments are complicated and therefore requires a specialist’s opinion on the issue.
Although this determination cannot be legally enforced on to other parties if the parties mutually agree upon such mode of conflict resolution, it can save them from time-taking litigations.
Adjudication is like that of mediation, but unlike conciliation here the adjudicator gives a decision rather than facilitating the negotiation between the conflicting parties.
Adjudication clauses in the contract may include taking the court’s assistance to legally enforce the adjudicator’s decision if the decision fails to resolve the dispute itself.
And finally, the litigation comes. It is usually also included in the dispute clause. And in case the parties do not find the effective resolution of their dispute, they can go for legal action.
It includes a trial, and the decision of this trial is legally enforcing upon the contracting parties. As litigation is by far the most complex, costly and slow method of construction dispute resolution, therefore, it is considered as the last resort by the parties to the conflict.
Construction projects in the United Arab Emirate in particular and the world in general due to their uncertain nature see frequent delays and disruptions.
This leads to the conflicts among the stakeholders. Every construction contract enlists the dispute resolution ways in the form of clauses, and the conflicting parties need to follow them accordingly in case the conflict arises.
Moreover, you can also hire professional quantum expert to give you technical advice on effective management of your conflicts.