Dispute Avoidance

Prevention is the best form of dispute management. Many disputes can be avoided or resolved early without them escalating to formal dispute proceedings.

Experience teaches us that the best place to start practising dispute avoidance is at tender stage with the selection of the right contracting framework and a thorough review of the parties’ obligations, interface requirements, and contractual procedures and mechanisms.

Nevertheless, our specialists can make a significant impact at any stage of a project by exercising tailor-made dispute avoidance practices.  We use our insight to dissect the contract and prepare a straight-forward set of contract procedures designed to protect your rights and interests, and capitalise on opportunities.

During the execution of projects, early identification of problems and issues is key to dispute avoidance and managing parties’ expectations. By combining technical disciplines with an in depth understanding of contracts, commercial and planning our specialist teams are highly valued as much for their ability to anticipate these challenges, as for mitigating and resolving them. Our advice, which is informed by relevant, real-world experience, helps avoid costly and time-consuming disputes.

Dispute avoidance requires acute professional objectivity and forensic skills. These are brought to bear by:

  • Providing authoritative advice on contracting frameworks, based on appropriate procurement strategy
  • Focusing on risk allocation, procurement and warranty terms as well as indemnity provision
  • Preparing comprehensive contract administration procedures
  • Scheduling analysis
  • Auditing programme sequencing
  • Evaluating processes and systems for validating quality and payment mechanisms
  • Recommending suitable project controls solutions.