Non-Agreement Between Smart Developments And Modern Contractors: Case Study
In case of non-agreement between Smart Developments and Modern Contractors, there will have the court settlement of disputes (ADR) Alternative Dispute Resolution. Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures involving mediation, adjudication and arbitration. (Designingbuildings.co.uk, 2015).
Mediation
Mediators are trained professionals who are able to help the parties communicate and accept a fair resolution of their dispute. A mediator does not have the authority to impose a solution on the parties. If the mediation is successful then the parties will sign a legally enforceable mediation agreement to which they each agree to abide, it can also take dispute to court. (Resources.lawinfo.com, …show more content…
ADR can also give Modern Contractors more opportunity to determine when and how the dispute could be resolved.
JCT 11 SBC/Q, Article 7, any dispute arises under contract, Modern Contractors may refer to adjudication in accordance with clause 9.2. As per adjudication cases employer is a residential occupier within the meaning of section 106 of the Housing Grants. Construction and Regeneration Act 1996. Section 9-Settlement of Disputes under Clause 9.2, scheme the Adjudicator shall be the person and nominating body shall be stated in the Contract Particular. Sets out right to adjudication and the administration of adjudication in compliance with the HGCR Act 1996.
Concerning the issue one, where the access to the site was blocked by some material and it was the fault of the employer for which extension of time would be able to be claimed by the contractor. Issue 2 is about gas main that is found and still Modern Contractors is not responsible this. It is an external factors that does not relate to the work of the contractor. 16 days of working by British Gas to relocate the gas main, it is where Smart Developments needs to offer Extension of Time to the
Mediation
Mediators are trained professionals who are able to help the parties communicate and accept a fair resolution of their dispute. A mediator does not have the authority to impose a solution on the parties. If the mediation is successful then the parties will sign a legally enforceable mediation agreement to which they each agree to abide, it can also take dispute to court. (Resources.lawinfo.com, …show more content…
ADR can also give Modern Contractors more opportunity to determine when and how the dispute could be resolved.
JCT 11 SBC/Q, Article 7, any dispute arises under contract, Modern Contractors may refer to adjudication in accordance with clause 9.2. As per adjudication cases employer is a residential occupier within the meaning of section 106 of the Housing Grants. Construction and Regeneration Act 1996. Section 9-Settlement of Disputes under Clause 9.2, scheme the Adjudicator shall be the person and nominating body shall be stated in the Contract Particular. Sets out right to adjudication and the administration of adjudication in compliance with the HGCR Act 1996.
Concerning the issue one, where the access to the site was blocked by some material and it was the fault of the employer for which extension of time would be able to be claimed by the contractor. Issue 2 is about gas main that is found and still Modern Contractors is not responsible this. It is an external factors that does not relate to the work of the contractor. 16 days of working by British Gas to relocate the gas main, it is where Smart Developments needs to offer Extension of Time to the