Disputes are not unusual in the construction sector because of their adversarial nature and the tendency towards litigation. A combination of environmental and behavioral factors can give rise to construction conflicts. Projects are usually long-term transactions with great uncertainty and complexity, and it is impossible to solve all the details and anticipate any eventuality from the beginning. The fundamental factors that drive the development of construction conflicts are uncertainty, contractual problems and behaviors. Construction contracts generally provide that disputes are handled through agreed dispute resolution procedures with mediation, adjudication and arbitration, or a combination of the three. The construction industry is also subject to legislation that imposes decision-making procedures without contractual agreement (such as the Housing Grants, Construction and Regeneration Act 1996 and the Local Democracy, Economic Development and Construction Act 2009). Depending on the nature and complexity of the case, a dispute is generally considered more expensive and slower than other forms of dispute resolution, although this is not always the case and in some situations a dispute may be faster than arbitration. There is also the perception that litigation is more confrontational and leads instead to an extreme decision, that is: You are right or wrong, as to a fair agreement. This may be in the interest of either party. In addition, decisions are public and cannot damage the reputation of the parties. The CBT Practice Directorate cites the following examples of claims that must be declared as CBT claims (this list is not exhaustive): although often considered a last resort in the event of failure of an alternative dispute resolution procedure or when the situation involves circumstances that cannot be managed by alternative dispute resolution (e.g. B several parties in certain forms of contract) or where a decision is to be enforced, a dispute may still be necessary. In 2013, an NBS survey, the National Construction Contracts and Law Survey, found that 30% of companies have been involved in at least one litigation in the past 12 months.
You can also order the defendant to perform an act or make an interlocutory decision to prevent the defendant from performing an act. In fast-track and multi-track cases, the losing party will probably also be required to contribute to the costs of the winning games. Proceedings are then held to allow the judge to hear the evidence presented by both parties and then decide whether the applicant has proved his case. The court has a large number of remedies, but in most cases the remedy is for the defendant to pay damages to compensate the claimant for his losses. Judgments are enforceable, but can be challenged if the court gives permission. Trial is the process of introducing or challenging a lawsuit as a means of settling a dispute. The court is able to impose or determine the rights or obligations of a party. For more information, see Alternative Dispute Resolution.
Depending on its size and complexity, the court then assigns the case to a “track” (Small Claims Track, Fast Track or Multi Track) and defines a series of instructions that the parties must follow (for example. B disclosure of evidence to the other party). Many contracts for large-scale and complex projects now have additional graduated dispute resolution procedures, with an obligation to negotiate in good faith and to set up dispute settlement bodies, steering committees and partner meetings. . . .