Best Practice in Construction Disputes
Avoidance, Management and Resolution
By: Paula Gerber, B. J. Ong
Analyses how conflicts on construction projects all too often escalate into costly and drawn-out disputes. It identifies strategies that parties can employ to ensure that conflicts are used to generate positive solutions to problems rather than escalating those problems into disputes. Gerber and Ong, Monash University.
AI Overview
Title: "Best Practice in Construction Disputes: Avoidance, Management and Resolution" by Paula Gerber and B. J. Ong
Overview: This book is a comprehensive guide to the avoidance, management, and resolution of construction disputes. It is the first to take a holistic approach to the role of construction lawyers and industry professionals in these critical areas. The book is designed to provide both theoretical and practical insights into the life cycle of construction disputes, covering the latest techniques in dispute avoidance and management alongside traditional methods of dispute resolution.
Key Themes:
Dispute Avoidance Processes (DAPs): The book emphasizes the importance of proactive prevention of disputes through DAPs. These processes are designed to change the culture on construction projects from one that facilitates disputes to one that enables the proactive prevention and real-time resolution of disputes.
Holistic Approach: The authors provide a comprehensive analysis of the issues in construction disputes, covering both the theoretical and practical aspects. This includes a detailed examination of dispute resolution methodologies such as litigation, arbitration, mediation, adjudication, and dispute resolution boards.
Global Perspective: The book covers dispute resolution practices and legal cases not only in Australia but also in the United States, the United Kingdom, China, Malaysia, Hong Kong, and other places. This global perspective highlights that many construction conflicts and disputes are not limited to particular jurisdictions or cultures but are increasingly becoming common across the industry worldwide.
Best Practices: The authors catalogue and describe best practices in the avoidance and management of disputes. These include the latest techniques set alongside traditional methods of dispute resolution, providing practitioners with practical help and guidance on making effective use of the procedures available.
Critical Reception: The book has received positive reviews for its clear, clean, and professional advice. Dr. Gerber and Mr. Ong are praised for their ability to state their points with clarity and purpose, avoiding jargon and providing insightful advice for ADR professionals. The book is described as cutting-edge in its approach, offering a unique and in-depth analysis of the life cycle of construction disputes.
Plot Summary: The book is structured into 19 chapters, each addressing a specific aspect of construction disputes. It begins with an introduction to the importance of dispute avoidance and management, followed by detailed chapters on various dispute resolution methodologies. The authors provide case studies and examples from different jurisdictions to illustrate their points, making the book a valuable resource for both construction lawyers and industry professionals.
In summary, "Best Practice in Construction Disputes" by Paula Gerber and B. J. Ong is a seminal work that provides a comprehensive guide to the avoidance, management, and resolution of construction disputes. Its holistic approach, global perspective, and practical advice make it an essential read for anyone involved in the construction industry.