CHAPTER 18

DISPUTE RESOLUTION




A dispute resolution method is often specified in a construction contract.

Standard form contracts



Most standard form contracts provide a stepped process for the resolution of disputes. This is to encourage their early resolution. For example, AS4000-1997:

  • requires the parties to confer to attempt to resolve the dispute; and
  • if not resolved within 28 days, requires the dispute to be determined by arbitration.

Australian Standard Contracts can be viewed at www.saiglobal.com.

Most standard form contracts require the parties, notwithstanding the existence of a dispute, to continue to perform their obligations under the construction contract.

Various dispute resolution mechanisms are discussed in the rest of this chapter.


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