Avoidance, management and resolution of construction disputes

This unit focuses on the avoidance, management and resolution of construction disputes, a speciality area of construction law that is commonly referred to as the ‘back end’. It will take a chronological approach, beginning with a critical analysis of the causes of construction disputes and the role that the construction contract and different project delivery methods play in construction disputes. Students will explore various dispute avoidance processes (DAPs) that can prevent conflicts – which invariably arise during a construction project – from escalating into disputes. Next, students examine the different ‘real time’ dispute resolution methods that can be used during the course of a construction project to assist parties to reach completion with no outstanding disputes. Finally, students explore the processes that are available for resolving any disputes that remain post project completion, including ADR, statutory adjudication, arbitration and litigation. The focus is on the unique aspects of construction disputes that require specific responses including the use of Scott schedules and the hot-tubbing of experts.
Students will analyse construction dispute resolution processes used in other jurisdictions, in order to evaluate whether the Australian systems need reform, and if so, how. There will also be a critical examination of international arbitration to determine whether it represents world’s best practice when it comes to construction dispute resolution.