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Delay and Disruption in Construction Contracts

Delay and Disruption in Construction Contracts, 6th Edition, (c) 2025

Page 1051

CHAPTER 25

Dispute resolution

25–001 The construction industry is a fertile breeding ground for disputes; they cannot be avoided entirely and it would be foolish to suggest that they could. No matter how well a project is designed, or constructed, and no matter how efficiently it is managed, it is always open to a party to a contract to seek to establish a right, or liability which the other party is not prepared to recognise, or accept. That is the genesis of dispute. Whether a compromise is negotiated, whether it settles as a result of some informal procedure, or it proceeds through to an enforceable decision of an adjudicator, judge, or arbitrator, depends on many factors. However, it is probably fair to say that most disputes finish up in a court, or tribunal for one, or more of the following reasons:

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