Construction Litigation and ADR
Expert-defined terms from the Graduate Certificate in Construction Law and Dispute Resolution course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
ADR stands for Alternative Dispute Resolution, which refers to the proces… #
Related terms include Mediation, Arbitration, and Negotiation. In Construction Litigation and ADR, ADR is often used to resolve disputes in a more efficient and cost-effective manner. For example, a construction project may experience delays due to unforeseen site conditions, and the parties may engage in ADR to resolve the dispute and determine the appropriate course of action.
Adjudication refers to the process of resolving a dispute through a neutral thir… #
Related terms include Adjudicator, Decision, and Dispute. In Construction Litigation and ADR, adjudication is often used to resolve disputes related to payment, defects, or delays. For instance, a contractor may claim that the employer has failed to make timely payments, and the adjudicator may determine the amount of money owed to the contractor.
Arbitration is a process of resolving disputes through a neutral third #
party decision-maker, often with more formal procedures than adjudication. Related terms include Arbitrator, Award, and Dispute. In Construction Litigation and ADR, arbitration is often used to resolve complex disputes that require a high level of expertise. For example, a dispute may arise over the interpretation of a technical specification, and the arbitrator may make a binding decision on the matter.
Building Information Modelling (BIM) refers to the use of digital models and dat… #
Related terms include Design, Construction, and Management. In Construction Litigation and ADR, BIM is often used to identify and resolve potential disputes related to design and construction errors. For instance, a BIM model may reveal a clash between different building systems, and the parties may engage in ADR to resolve the issue before it becomes a major problem.
Claim refers to a demand for payment, compensation, or other relief made by one… #
Related terms include Claimant, Respondent, and Relief. In Construction Litigation and ADR, claims are often made for delays, defects, or variations to the original contract. For example, a contractor may claim that the employer has made changes to the original scope of work, and the contractor is entitled to additional payment.
Construction Management refers to the process of planning, coordinating, and con… #
Related terms include Construction Manager, Project, and Planning. In Construction Litigation and ADR, construction management is often used to identify and mitigate potential risks and disputes. For instance, a construction manager may identify a potential delay and work with the parties to develop a plan to minimize its impact.
Delay refers to a circumstance that prevents a party from completing a task or p… #
Related terms include Delay Claim, Extension, and Time. In Construction Litigation and ADR, delays are often a major source of disputes, and parties may engage in ADR to resolve issues related to delays. For example, a contractor may experience delays due to unforeseen site conditions, and the employer may claim that the contractor is responsible for the delays.
Dispute refers to a disagreement or difference of opinion between two or more pa… #
Related terms include Dispute Resolution, Claim, and Negotiation. In Construction Litigation and ADR, disputes are often resolved through ADR methods such as mediation, arbitration, and negotiation. For instance, a dispute may arise over the interpretation of a contract clause, and the parties may engage in mediation to resolve the issue.
Employer refers to the party that commissions a construction project, often the… #
Related terms include Employer Agent, Contractor, and Project. In Construction Litigation and ADR, the employer is often the party that is responsible for making payments to the contractor and ensuring that the project is completed on time and to the required standard.
Expert Determination refers to the process of resolving a dispute through the op… #
Related terms include Expert, Determination, and Dispute. In Construction Litigation and ADR, expert determination is often used to resolve technical disputes that require specialized knowledge. For example, a dispute may arise over the cause of a defect, and an expert may be appointed to determine the cause and recommend a solution.
Extension of Time (EOT) refers to a request by a contractor to extend the comple… #
Related terms include EOT Claim, Delay, and Time. In Construction Litigation and ADR, EOT claims are often made by contractors who have experienced delays due to unforeseen site conditions or other factors beyond their control.
Force Majeure refers to an event or circumstance that is beyond the control of t… #
Related terms include Force Majeure, Event, and Circumstance. In Construction Litigation and ADR, force majeure is often used as a defense by parties who have been unable to fulfill their obligations due to unforeseen events such as natural disasters or wars.
Global Claim refers to a claim that encompasses multiple items or issues, often… #
Related terms include Global Claim, Claim, and Issue. In Construction Litigation and ADR, global claims are often made by contractors who have experienced multiple delays or issues on a project.
Insurance refers to a contract between two parties where one party (the insurer)… #
Related terms include Insurance Policy, Claim, and Loss. In Construction Litigation and ADR, insurance is often used to manage risk and provide financial protection against potential losses or damages.
Intellectual Property (IP) refers to the rights and interests that arise from cr… #
Related terms include IP Right, Copyright, and Patent. In Construction Litigation and ADR, IP is often relevant in disputes related to design and construction errors, where parties may claim ownership of intellectual property rights.
Liability refers to the state of being responsible for something, often a debt,… #
Related terms include Liability Claim, Damage, and Obligation. In Construction Litigation and ADR, liability is often a major issue in disputes, where parties may claim that the other party is liable for damages or losses.
Liquidated Damages (LDs) refer to a predetermined amount of money that is payabl… #
Related terms include LDs Claim, Breach, and Contract. In Construction Litigation and ADR, LDs are often used as a means of compensating parties for losses or damages resulting from delays or other breaches of contract.
Mediation refers to the process of resolving a dispute through the assistance of… #
Related terms include Mediation Process, Dispute, and Resolution. In Construction Litigation and ADR, mediation is often used to resolve disputes in a more efficient and cost-effective manner than traditional litigation.
Negotiation refers to the process of resolving a dispute through direct communic… #
Related terms include Negotiation Process, Dispute, and Agreement. In Construction Litigation and ADR, negotiation is often used to resolve disputes in a more informal and flexible manner than traditional litigation.
Notice refers to a formal communication or warning given by one party to another… #
Related terms include Notice Period, Breach, and Contract. In Construction Litigation and ADR, notice is often used to initiate a dispute resolution process or to notify the other party of a potential issue.
Partnering refers to a collaborative approach to construction projects, where th… #
Related terms include Partnering Agreement