Construction Disputes: Seeking Sensible Solutions
About the Product:
This book is based on the author's fifty years of
expertise in international building projects, as well as dispute management and
resolution. Wayne Clark's goal throughout the past fifty years has always been
to encourage parties toward logical and transparent communication, developing
relationships, and seeking early resolutions to their conflicts. His major
purpose is to assist parties in avoiding avoidable conflict, a subject that
runs throughout the novel. While two chapters are dedicated to formulating
building claims in order to persuade a tribunal - and thereby urge the opposing
party to reach an equitable settlement - The book covers a
considerably broader range of topics, from the dream of the building owner
through the contractor handing over the completed project, as well as sensible
contract administration, settlement negotiations, the third-party resolution
process, and, eventually, arbitration. The theme throughout each of these
stages is for the parties to constantly explore methods to address their
disputes. The book also introduces the concept of a'shadow arbitrator,' who, if
commissioned early in the dispute process, can advise parties and legal counsel
on how to prepare claims and arbitral briefs that will persuade a tribunal -
and encourage the parties to find reasonable solutions.
About the Author:
Wayne Clark is a chartered quantity surveyor,
arbitrator, and mediator who has worked throughout Africa, the United Kingdom,
Europe, Asia, and the Middle East over the course of his career.
This crucial and timely book covers all stages of a
building project, with a constant emphasis on solutions for parties to overcome
their conflicts. Wayne Clark has developed a must-read guide for both seasoned
and inexperienced construction dispute resolution professionals.
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