Although parties can regulate their relationships by way of
contract, disputes may still arise.
Having an agreed means by which such disputes can be effectively
resolved is important. At whatever stage a dispute arises, there
are a number of dispute resolution options available. This note
highlights the issues which should be considered when selecting the
form of dispute resolution and considers recent developments that
could affect how construction disputes in Ireland may be
resolved.
Dispute Resolution Options
As regards the dispute resolution options available to the
parties to a construction contract, some work better than others,
depending on factors such as the nature of the project, the issues
in dispute, the stage at which the dispute arises and the
relationship of the parties. In addition to litigation:
arbitration; mediation; conciliation; and, expert determination are
all methods of dispute resolution which are either well established
or whose usage