Construction and Engineering Disputes

Contract disputes are disagreements between parties involved in a contractual agreement. Disagreements could be regarding the terms, performance or enforcement of a contract.

There are seven types of dispute resolution that are used in construction:

1. Negotiation - This involves direct dialogue between the conflicting parties with the aim of them finding common ground and terms to agree on.
2. Mediation - This uses a neutral third party who facilitates discussions rather than imposing decisions.
3. Arbitration - This is a private court proceeding where the parties will present their case to one or more arbitrators. After the submissions are considered, the arbitrators will render a binding decision.
4. Adjudication - This is where an appointed adjudicator reviews the evidence and arguments of both parties. They will then deliver a decision.
5. Litigation - This occurs when other methods fail. The parties will need to present their case in a court of law where a judge or jury will render a verdict.
6. Small claims court - This is used for disputes that are of lesser monetary value. As a result, the process is often quicker and less formal.
7. Expert determination - This involves an independent expert of the subject matter of the dispute who is appointed by the parties to resolve the issue. 

To dispute a contract, you should:

1. Review the contract thoroughly.
2. Communicate with the other party.
3. Consider Alternative Dispute Resolution (ADR).
4. Consider litigation if ADR is not possible.
5. Speak to a solicitor.