It involves the selection of a contractual framework that clearly identifies the structure of responsibilities and authorities for participants within the building process. Parties may have limited bargaining power. Increased compliance with agreed solutions. Employ of a contractor is directly by Client instead of appointing an architect to a project under this method. Design team can use project manager’s knowledge and management experiences.

More specifically, this could include features which vary from. Cost plus Fixed fee: – Profits of Contractors are pre-determined and agree with both client and contractor under this method before the start of work.

The simplest form of Alternative Dispute resolution. Some experience clients who may have their own professional team and an effective procurement policy and inexperience client have little or no knowledge of procurement methods; hence they require extensive professional advice at the inspection stage.

The form of procurement of this type of contract shows similarities to the design and build contracts but extend of the single point design responsibility. Where both parties have a dispute they can negotiate a solution themselves. This method is not constructive for any client due to absence of tender sum or final predicted final cost. Each party’s limitations are respected and a party is only expected to make a change in its approach to the problem if it becomes convinced that it is reasonable to do so.

The third major resolution of ADR (alternative dispute resolution) method is Arbitration. This is some considerably costly method in ADR. As a general principle, no one can be forced to resolve a dispute by any form of ADR, such as mediation and conciliation, against their wishes. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Practical problems possible to minimize or avoid and also reduce the project duration. Goodwill between both parties is very important to achieve good results from ADR applications without wasting time and recourses with Arbitration or litigation. There are essential client’s requirements at inspection stage such as; Advice on procurement method, Contractual advice, Contractor selection, Preparation of tender and contract documentation, Forms of contract, etc.

Role of the quantity surveyors for Disputes Resolution. Contractual advice: – as an important part of contract at the initial stage of project, required preparing an agreement to obtain clear understand and less disputes until finish the project. There is no third party of middle man who facilitates the resolution process or imposes a resolution. Its primary function is to assist the parties to avoid disputes if possible or if not, to assist them to a quick, cost-effective and avoid the need for arbitration or litigation.

The arbitrator’s name might be included in the agreement, or left to be designated later, either by the consent of the parties or in some other manner specified in the agreement.

Donald Margolin is defendant and Novelty Now Inc is the plaintiff. Quantity Surveyors know how to provide a full Procurement solution at the inspection stage.

In 1986 alone Also there is responsibility of appointing a design team as client needs.

This essay argues against courts having the power to compel litigants into, Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result.



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