Construction Management: Important Areas and Economic Context

CONSTRUCTION MANAGEMENT 1
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Construction Management 1
1 British Law: Its development and Current Legislation
The contentious and non-contentious domains of British construction law are concerned with housing, construction, infrastructure, planning permissions, and engineering. While non-contentious work often involves contract negotiation and general procurement that occurs before the commencement of construction, the contentious domain of British law is applicable when something goes wrong. The contracts drawn up at the procurement stage define the dispute resolution process. This domain of law was developed to minimize costs, and disputes are resolved through arbitration or adjudication. However, if cases are recommended for court hearings, a specialist barrister drawn from the construction Bar can advocate the case (The University of Law, 2021). Safinia (2014) has observed that confusion and disputes are commonplace in every construction industry due to inconsistencies between construction and design, diversity of specialists, and high-risk environments. Therefore, a subject of dispute resolution in British construction law is a crucial development that addresses the disagreements of the rights and legal obligations of the involved parties. While communication has been identified as one of the ways of limiting disputes in the construction industry, methods such as arbitration, negotiation, and litigation are often recommended in resolving disagreements. Besides, Safinia (2014) notes that negotiating and timely dispute prevention can always alter the process to a less adversarial settlement.
Current legislation in British law serves to resolve disputes in different capacities, including general, clients, consultants, suppliers, and subcontractors. General areas of disputes arise due to poor commendations among parties and the propagation of types of warranties and contracts. Clients can also cause disputes due to a lack of clear information or changing contracts' requirements and terms and conditions. Late payments to contractors and intrusion of one party into another are also common causes of client-related disputes. Lack of experience from consultants, poor coordination, design discrepancies, and contractors' lack of site managerial skills have been recognized as causes of disputes in construction sites in the UK. Subcontractors may also fail to follow the agreed orders of the contract, and suppliers may lack the competence in purpose and performance, which have all contributed to the development of British construction legislation (Safinia, 2014). While the Housing Grants Construction and Regeneration Act (HGCRA) of 1996 have not defined the term "dispute," the legal definition of a dispute is a disagreement. The UK legal experts recommend negotiation, litigation, arbitration, or adjudication processes to resolve disagreements based on the type of dispute.
The traditional form of dispute resolution in the UK is through litigation, a process based on law and legal doctrine requiring courts' follow-ups. According to the Arbitration Act of 1996, appeals are made...