Insights
Avoiding construction disputes.
Most building disputes can be traced to a missing record or an instruction given only verbally. These practices reduce the risk.
Confirm instructions in writing
Verbal instructions on site are a common source of disputes. Confirm each instruction by email or site instruction, with the date and the person who gave it.
Keep the project record
- Minutes of every site and project meeting, circulated and agreed.
- Drawings and specifications with a register showing which revision was issued, when and to whom.
- Payment certificates, variation orders and the final account in order.
- Photographs and inspection reports of the work as it progresses.
Follow the contract’s notice provisions
Contracts set time limits for claims, extensions of time and objections. Missing a notice can lose a right. Diarise the dates.
Raise issues early
Raise a concern as soon as it is noticed, in writing. Early discussion, and where the contract provides one, a dispute board, can settle an issue before it becomes a dispute.
Agree how disputes will be resolved
A clear dispute clause, with a defined order of negotiation, mediation, adjudication and arbitration, saves time if a dispute does arise.