This is an online event hosted by CIArb, taking place on 28 October 2021 at 4.00pm GMT/5.00pm CET, please check your local time zone.
The construction industry has been usually described as ‘adversarial’. It is prone to conflict, hostility, and dispute. To overcome it, much effort has been placed in resolving disputes and too little in avoiding them. Disputes cost time and money which would be better served in delivering projects. ‘Prevention is better than cure’ is as applicable to modern health care as it is to the construction industry.
Construction practitioners dealing with conflict and disputes are uniquely positioned to promote and advise on conflict avoidance techniques and strategies, and to resolve disagreements using non-confrontational procedures.
This presentation advocates the need for a cultural and behavioural change in the construction industry; one in which the parties’ interests are better protected when they intend to work ‘in a spirit of trust and co-operation’. Yet, trying is not enough. Concrete actions can be (and should be) taken during all the project stages - from inception until completion - to avoid disputes and overcome disagreements well before a third-party determination has to be enforced upon the parties.
This presentation will expose the main reasons for the adversarial nature of the industry. It will then show the lifecycle of a dispute and how it can escalate from the occurrence of an event until formal dispute resolution. It will also delve into the main reasons or sources of dispute in construction projects based on available data.
The webinar will go on to describe some possible solutions to avoid conflict during the procurement stage: procurement route, tendering strategy, tendering documentation, design development, as well as during the construction phase: fair payment practices, record keeping, risk management, contract management, claim management, early intervention, etc. Furthermore, the importance of the contract for dispute avoidance will be discussed. It will highlight that choosing the right type of contract, using unambiguous contract terms, compiling congruent contract documentation, establishing early warning and multi-tier dispute resolution procedures are paramount to prevent disagreements from happening or escalating. It will then describe the new contract terms that have been implemented in the latest versions of FIDIC and NEC standard contract forms to avoid disputes.
The presentation will end up by addressing how some of the latest technological advancements can help in this regard. Conflict avoidance in construction contracts is of public interest and requires the joint effort of all the construction actors to become more than a catchphrase.
Cost: There is no charge for this event. Guests and non-members are most welcome.
Registration: Save the date in your calendar and click on the link on the day and 15 minutes before start time.
Antonio Amusategui Batalla, Lawyer and Arbitrator (MCIArb), is currently elected member in the Board of the European Branch of CIArb and appointed to chair The Spanish Chapter by the Board of Trustees of CIArb. Master's entitled in Economics, Business Administration and Law.
His activity has been developed over more than three decades and focused on planning ventures and investments, negotiation processes and dealing approaches in areas as real estate and urban land development, property assets and portfolios, advising on financial and monetary policies. Recently he has got experience in blockchain, crypto and virtual assets and the art asset investment and advisory. He has also had a presence in ad-hoc multicultural and multitasked teams for achievements related to the above topics.
Above all, he is fond of practising a serious pre-litigation approach to settle controversies and avoid unnecessary disputes, taking action in its early stages. He says playing a proactive attitude in contract management is a must for such goals. He supports this view and doing landing that idea in the companies' strategy, better than promoting litigation spirit and block any chance for consensus by mistaken biases. This way, insists, achieves better performance and strength in quality the balance sheet; and that helps increasing efficiency for financial ratios and companies' appraisal. However, it is a question of time-consuming and collaboration, and the ADR toolbox is more than Arbitration as the single hammer at hand, he summarises
Abdelkader Khalladi is a Senior Civil Engineer from the “Ecole Nationale des Ingénieurs de Gabés Tunisie”, Diploma in Advanced Studies (DEA) in structures’ vibration, master's degree in Photovoltaic and Alternative Energies from the University eCampus of Milan, Italy and a master's degree in construction law and arbitration from the Robert Gordon University, Scotland.
He has 35 years of experience in the construction sector. Abdelkader has worked for several international companies, Canadian Company SNC Lavalin, Spanish companies Ferrovial and OHLA. He has been involved in many arbitrations against subcontractors and states in Ad-Hoc and institutional arbitrations. Since 2014, he is the contract administration director of OHLA.
Abdelkader is a fellow of the Chartered Institute of Arbitrators and member of l’Ordre des Ingénieurs de la Tunisie.
Beatriz Rodríguez. de la Flor is Mediator, Arbitrator and Architect. As Mediator and Construction expert is the Managing Director of BDR & Med. Beatriz is also the Director of CMC “Mediation Construction Center” of Madrid developing her work as coordinator and as mediator. She is the Academic Director of the Mediation Construction Course of the Edification Foundation School and she is a Mediation Trainer in the ISDE (High Institute of Law and Economics). In her role of Arbitrator she belongs to the Arbitral Court in the Official Association of Technical Architects and Construction Engineers of Madrid Finally, she is in charge of organized the events scheduled by the Spanish Chapter.
Beatriz is a Member of the Chartered Institute of Arbitrators.
José Vicente Ferrer Estopiñán is an industrial engineer from the University of Zaragoza, a master's degree in international company management from the Centro de Estudios Económica y Comerciales Foundation and a master's degree in construction and arbitration law from the Robert Gordon University.
He has 13 years of experience in the construction industry. He has worked in OHLA's international recruitment and studies department, and since 2012 he is the contract manager of OHLA in Saudi Arabia where he has been responsible for the contractual management of the Haramain High-Speed Railway project for OHLA.
José Vicente is a fellow of the Chartered Institute of Arbitrators and a member of the Royal Institution of Chartered Surveyors.