How can you prevent and resolve building conflicts?

How can you prevent and resolve building conflicts?


With the right conditions in a construction contract, you lay the foundation for a successful project. Bird & Bird’s attorneys often assist in drafting such contracts and in handling disputes that arise during implementation. With the primary purpose of preventing problems and disputes, or if that is not possible, finding a good solution as soon as possible. Preferably ‘out of court’, but in extreme cases in court or by arbitration. It often turns out afterwards that escalation could have been prevented by better preparation. At an exclusive seminar, they will therefore discuss the topic: how to ensure that disputes can be prevented or resolved better through the contract and with good risk management.

Do you prefer to build to the letter or spirit of a contract? Bird & Bird’s attorneys have accumulated a wealth of experience over the years in the most complex construction projects and construction conflicts. And they want nothing more than to complete a construction project successfully and as desired, without problems and disputes. On 14 June, they will test and disseminate their knowledge at an exclusive seminar to offer the construction world opportunities to bring projects to a successful conclusion in a harmonious collaboration.

Solutions

It is clear that construction projects are becoming more and more complex and especially with larger projects, the question is not so much whether problems arise, but when. If those problems arise, there are two options: the problems are solved on time and satisfactorily or not.

  • In the first case, the relationship and cooperation between the parties can be improved because they know that they can train well together even in bad weather.
  • In the second case, the basis is created for error costs, delays and ultimately disputes with each other, with subcontractors, with customers and / or with insurance companies. These are situations that reduce the chance of a successful construction project and that lead to damage to many parties involved for tens of thousands or hundreds of millions.

There is no one for all these cases onesize-match-allsolution, and as a result, the most commonly used dispute resolution clauses fall short. This is partly due to the fact that it is not yet clear when problems may arise in the course of the contract. The parties are then still positive towards each other and are optimistic that any folds will be smoothed out. If problems eventually arise, there are almost always people who are closely involved in the project who are personally blamed or feared.

Tools

Based on the experience of Bird & Bird, various tools and practical handles have been developed to prevent, identify and resolve problems and disputes better, (cost-) efficiently and proactively. Tools and guidelines that can be used in a phase where the relationship between the parties is not yet under high tension and where all parties (including insurance companies) are involved. These tools and handles can be divided into:

  • better contractual methods for identifying problems and disputes early and dealing with them in the right place;
  • improvement of project management and administration.

To increase the chance of a successful construction project, Bird & Bird wants to present these tools and handles in an interactive afternoon program. Andrea Chao, Evelyn Tjon-En-Fa and Joost Merema (PRO6 leaders) will be happy to discuss this with you for an open and trusting discussion.
They do so with a limited group of guests from all walks of life, including decision makers, contract managers and project managers. The discussions will focus not only on the design of the contract, but also on the application in the execution.
Keep an eye on your mailbox soon: maybe you’ll be one of the guests!

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