DISPUTE RESOLUTION

Construction Law and Dispute Resolution

Construction Law and Dispute Resolution

Introduction

Construction law is an umbrella term that covers all the legal principles relating to the construction of structures on land. It is an extremely broad expression, encompassing the law relating to demolition as well as to building. Construction law is just as relevant to the building of a small house as it is to the construction of a power station or the excavation of a tunnel. The one common feature of the disparate aspects of construction is that the end product is ultimately fixed to or becomes part of the land so that the owner of the land is the owner of the structure by operation of law (Thomas, 1990, 738).

Construction law is multifaceted in terms of the legal principles that are covered with the umbrella term. At different times, it has been described as a 'separate breed of animal'" and a: primordial soup in the "melting pot" of the law, a thick broth consisting of centuries-old legal theories fortified by statutory law and seasoned by contextual legal innovations reflecting the broad factual 'realities' of the modem construction process. Although a significant component of any construction law course is contract law, construction law is much more than this and involves the contextual understanding of a variety of legal principles, including torts, equity and statutory/regulatory laws. For this reason, it is preferable that any student wishing to enroll in a construction law subject should first have successfully completed courses in contract law and torts (AbouRizk, 1993, 355).

Most of the dispute settlement provisions of the model contracts provide a mechanism Referee analyzed. Under this approach, the parties go to arbitration, whether to appeal the Referee decision or to report noncompliance. Thus, arbitration is configured as a second instance in engineering contracts where the parties are obliged to resort to the procedures previously Referee to resolve their disputes. Relationship that is common in this sector, as the tendency to work (Thomas, 1992, 76).

Knowledge and understanding

Construction disputes, whatever the country, have similarities. They involve such a large number stakeholders, all essential to complete the draft construction. Thus, the litigation construction law involves parties such as the client, the company the architect, engineer and subcontractors.

My purpose is to explain in general terms how the legal action can be taken in order to eliminate dispute between two parties.

The techniques of dispute resolution in England and Wales can be divided into four broad categories. First their court proceedings (litigation) commenced before the High Court with the possibility Appeals on points of fact or law.

Then there is a private mechanism for dispute resolution, namely arbitration. It is contractual in nature and normally the result of the agreement party content usually in terms of the contract which provides that disputes will be resolved by arbitration.

Moreover, a recent innovation consists of the auction. It is essentially a court of statutory appeared in 1996, well before there was a system of dispute resolution somewhat faster than the arbitration itself as a prior ...