The differing objectives of parties within a project can often lead to disagreement and disputes, which if left unresolved, will prove detrimental to a projects success. At KURIT, we understand impact that disputes have on projects and the importance of dispute avoidance. As experts in dispute resolution, we have the necessary experience to provide practical advice on how to resolve disputes, but how to avoid them altogether.

 

Dispute avoidance should be a principle objective of any party involved in construction, but it is all too often the case, that dispute avoidance is neglected until it is too late. At KURIT, we appreciate the pivotal role that proactive management and risk strategies along with a robust administrative system can play in reducing the likelihood of dispute arising on a project.  

 

For many of our client, disputes arise from situations which are new to them, leaving them without the knowledge and experience to resolve the dispute and prevent the reoccurrence of other issues. At KURIT we believe construction disputes, irrespective of the type of project, tend to follow common themes, so the chances are we’ve already experienced and successfully navigated a dispute similar to that which our client considers as entirely new.

 

Our dispute avoidance service offering follows three simple management principles:

 

PLAN - the development of management and risk strategies at the start of the project are imperative to the success of a dispute avoidance objective. The implementation of these strategies, allow our clients to quickly identify issues when they arise and provide a framework on how best to deal with the issue at hand. Without a plan, clients often find themselves making decisions based on emotion without objectively considering the strength of their position or the impact of a dispute.

 

MANAGE - with management and risk strategies in place, it is important that the plan is followed. The successful implementation of these strategies along with a robust administrative system, will aid in dispute avoidance and where this is not possible, ensure that a framework is in place promoting objective decision making in the event of a dispute

 

RESOLVE - even with dispute avoidance measures in place, disputes on construction projects are still possible. If a dispute does occur, our clients benefit from the accurate and contemporaneous records which are produced as a result of the robust administrative systems introduced under the MANAGE principle and frameworks set out in the management and risk strategies implemented under the PLAN principle. This information enables our clients to quickly and actually assess their position in respect of the dispute and act accordingly, before the dispute has an impact on the success of the their project. 

 

If our clients are unable to resolve their dispute within the limitations of their dispute avoidance plan, KURIT are able offer further assistance with claim drafting and defence, adjudication, and expert witness services.