Dispute Resolution Methods

Topic:
Dispute Resolution Methods
Paper details:
Over the years, the construction industry has looked for new and innovative ways to resolve disputes quickly and avoid litigation. Litigation requires the court system, can be very expensive, is usually slow, and is inherently adversarial. The industry has created a variety of methods that attempt to avoid and/or resolve disputes quickly, at less cost, and to the mutual satisfaction of the parties involved. Review the scenario below, and then follow the Discussion prompts.

You are the construction manager of a multimillion dollar project to build a new state-of-the-art terminal and runway at a busy international airport to increase capacity. The soil conditions are likely to be unpredictable, as the new terminal will be built over an old industrial site where hazardous materials and several buried concrete structures will have to be removed. Also, the new runway will expand over an old waterfront area, which housed old wharfs, sea walls, anchorages, and warehouses. As the construction manager, you will represent the owner on-site and work with the general contractor to ensure successful project completion. Your company is negotiating with the owner and the contractor over which dispute resolution method to use. Suggest the method below that you feel is best for this kind of project.

Partnering
A Dispute Review Board whose decision is binding and final
A contract administrator that is a consultant hired by the owner
Non-binding third-party mediation
Evaluate your selected dispute resolution method in terms of cost, time, and suitability. Be sure to reference the Learning Resources to support your

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