Construction Law Exam

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Every procedure has various factors that influence its workings; few more than the other. In determining which factors are more influential than the rest, an analysis of the procedure in the light of the purpose that it intends on achieving is required. This essay will also examine Dispute Avoidance Procedures (DAPs) in the context of resolving conflicts and furthering the project to its completion in the best interest of contracting parties. During which it will be argued against the necessary existence of a good working relationship between the parties to have an effective DAP. DAPs are mechanisms that are (usually) employed at the commencement of a contract to resolve conflicts on-site before they develop into a dispute. These are procedures established to put into effect the long quoted advice of prevention being better than cure. These procedures avoid or at the very least manage to their best, problems occurring in the course of project being undertaken before they develop into a bigger issue, resulting in a problem that eventually would lead to Dispute Resolution Methods and/or Litigation. The two forms of DAPs that this essay shall consider are Dispute Review Boards (DRBs) and Dispute Resolution Adviser (DRA). The DRA is a dispute resolution system that is based on an individual to avoid disputes. The procedure intend on having maximum party control. The DRA avoids disputes through site visits, familiarization techniques and strong relationships to be built; followed by a series of steps that become more and more interventionist as the early resolution procedures strike out, until a final form of short arbitration commences as a seal to the entire procedures. This form of procedure was first recorded to have been practi... ... middle of paper ... that may be involved in the efficiency of a DAP. Indeed all these are relevant matters. It is pertinent to note that most of these issues are not affected by the working relationship of the parties. The purpose of the DAP is not to promote a good working relation between the contracting parties, but that is often seen as a factor influencing the project. It is other factors such as the DRBs and/or DARs’ selection, powers, sanctity and importance attached to their decisions etc. that affect their efficiency. It is therefore submitted that various factors affect the working and effectiveness of the DAPs; a good working relationship is useful and aids to the working of a DAP but does not affect its effectiveness. The sanctity parties attach to the DAP, faith in them and awareness of the advantages of the DAPs etc. do significantly determine their effectiveness.

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