Dispute Avoidance

Minimise the risk of a construction dispute occurring

It is widely accepted that disputes in the construction industry are costly and are a distraction that impacts management time. Dispute avoidance techniques can be used to stop disagreements escalating, saving valuable time and money, preserving professional and commercial relationships and reputations.

Dispute Boards
Dispute Boards often feature in high-value and complex construction projects with the primary aim of avoiding and preventing disputes.

Disagreements can often benefit from the input of a skilled third party neutral to resolve issues, before they crystallise into a formal dispute.

The negotiation process can be swift and economic. It can unlock what was thought to be an impossible impasse and allow the parties to move forwards.

Sense Studio can act as a catalyst enabling parties to see the strengths and weaknesses of their case providing impartial, non-binding opinions. As Architects with a broad spectrum of experience in construction, we are ideally placed to understand the priorities of the people involved. We fully appreciate project team relationships and our experience of interacting with employers, professionals, contractors and sub-contractors at all stages of the construction process ensures we can help unravel seemingly impossible problems.

Conflict Avoidance Panels
Conflict Avoidance Panels (CAPs) are an effective measure to mitigate the time and cost impact of construction disputes.

They avoid the need to resort to formal dispute resolution measures by implementing real time and proactive dispute avoidance during the course of a project.

Many organisations acknowledge that disputes frequently arise. They understand that the larger the project is, the greater the risks and ramifications of any conflict. Transport for London, for example, see their panel as a way to promote good communication and outcomes for its construction projects.

As CAP members, our objective is to try and safeguard against issues escalating uncontrollably. The aim is to avoid the need for adjudication, or formal dispute resolution such as litigation. All parties benefit from expert, impartial guidance to make informed judgments and maintain the smooth running of the project. Our clear, friendly and common-sense approach helps to promote open, candid and productive discussions that have real value for the project.

Conciliation Services
Conciliation is widely used in construction disputes throughout Ireland and in some other countries.

It is a voluntary process of settlement negotiation conducted with the direction and support of a third party neutral, the Conciliator.

Where parties cannot arrive at a negotiated settlement, the Conciliator will go on to issue a recommendation. Where this is accepted by the parties, it becomes final and binding. Where it is not accepted, other forms of dispute resolution, such as construction arbitration, can be adopted.

Should you need assistance in conciliation we have members of the team experienced in the processes involved.