Alternate Dispute Resolution in Building Construction and Architecture

Introduction

This presentation will explore and explain the various methods and choices available in Alternate Dispute Resolution should the need ever arise.

My clients are in dispute with the builder. I have been implicated!! They know that Litigation can be devastating….. So, What are the alternatives?

Most construction contracts today contain clauses that require either ‘reasonable attempts’ being made by the parties to resolve their differences or suggest the engagement of a Dispute Resolution Practitioner who can facilitate Negotiation and Mediation or place the dispute into the hands of an Accredited Expert Determiner. In all circumstances any process must be consensual between the parties. Alternate dispute resolution can keep the dispute out of court. It is fast becoming the preferred way to resolve disputes in Building Construction and Architecture.

The chances are that one day when you least expect it, you might find yourself joined into a dispute. I will bring some of these alternate ways to light, discuss the key aspects and effectiveness of each.

Biography

He is the director and nominated practice principal of a small boutique architectural practice – Wayne Black and Associates Pty Ltd. The firm is located in Sydney’s eastern suburbs. After nearly 35 years in practice WB&A is still going strongly.

During the last few years (with a pointy finger at Covid) Wayne undertook further education combining his expertise, knowledge and experience. Wayne has endured stringent training and become an Alternate Dispute Resolution Practitioner – more so an Accredited Expert Determiner specializing in Building Construction and Architecture. This gives him the authority as an accredited expert, to provide legally binding determinations to Construction disputes (where the parties in dispute) are consensual to the process.

Since obtaining his accreditation, Wayne has been accepted into the following organizations:

• • Australian Dispute Resolution Association
  • Dispute Resolution Board Foundation
  • Victorian association for Dispute Resolution Inc.

At the end of this presentation, attendees will:

• • Understand that most Building Contracts contain ADR clauses
  • Be able to establish the obligations of the contract administrator
  • Be able to identify some the available methods (3-4) of ADR
  • Understand the suitability and effectiveness of those methods
  • Be able to identify the most important issues to the parties
    • e.g Cost, Time, Stress, Preservation of Relationship
  • Be able to identify the worst and best possible outcomes
  • Know how to move forward if a dispute arises
  • Know alternate ways of “keeping costly disputes OUT of COURT”

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