August 2019
Intermediate to advanced
176 pages
5h 55m
English
Content preview from Guide to JCT Design and Build Contract 2016
Become an O’Reilly member and get unlimited access to this title plus top books and audiobooks from O’Reilly and nearly 200 top publishers, thousands of courses curated by job role, 150+ live events each month,
Start your free trial
11 Dispute resolution
11.1 DB16 refers to five methods of dispute resolution: negotiation; mediation; adjudication; arbitration; and legal proceedings. One of these methods, adjudication, is a statutory right, and if one party wishes to use this method, the other must concur. Negotiation is an optional provision (Supplemental Provision 10). Negotiation and mediation are voluntary processes which depend on the co-operation of the parties, and either may lead to a binding result. If none of the options of negotiation, mediation or adjudication is used, or if either party is dissatisfied with the decision of an adjudicator, then the dispute will have to be resolved by arbitration or litigation.
11.2 DB16 requires the parties to decide in advance ...