DISPUTE RESOLUTION
Public Works Contracts
Amendments have been made to public works contracts with the intent of improving dispute management in public construction projects. Measures are designed to encourage early resolution, allow for appointment of Standing Conciliators to chair Project Boards on major projects, and maintain fast-track arbitration alongside options for more complex cases.
Taking contract PW-CF1 as an example, amendments focus on Clause 4.1 (Co-operation). The parties must support reciprocal co-operation for the Contract purposes; such support may be relevant to several items, which now include the avoidance of disputes.
There is a mechanism for convening a “Co-operation Meeting”, which is a without prejudice meeting to facilitate early engagement and dispute avoidance between the Employer and the Contractor (and Standing Conciliator where appointed). A senior representative of each of the Employer and the Contractor shall attend any Co- Operation Meeting. The