Construction Dispute Resolution Challenges? Is utilizing a Project Referee the answer?
Most municipalities have incorporated into their contracts a standard suite of processes for dealing with construction disputes and claims. In addition, adjudication has become available to the parties to a construction contract with the last revision to the Construction Act. Not all municipalities are happy that the commonly used dispute resolution options fully address their needs and dispute resolution options continue to emerge to meet the ever-changing landscape in the construction industry.
Incorporating a Project Referee into the construction contract requirements has become one of the latest innovations that has started to appear in construction contracts in Ontario. The presentation will include a brief review the current standard suite of processes (negotiation, mediation, arbitration, adjudication and litigation) and the advantages and disadvantages of each. A detailed description of the Project Referee process would be provided, and which organizations are currently utilizing this dispute resolution process. The advantages and disadvantages of the Project Referee process would be provided and a guideline for the types of projects where the Project Referee process would be most beneficial. The presentation would be structured to allow for a minimum of 5 minutes for questions from the attendees.
What you will learn:
A review of standard construction dispute resolution processes:
Negotiation
Mediation
Arbitration
Adjudication
Litigation
The advantages and disadvantages of each standard dispute resolution process.
A detailed description of the Project Referee process.
Organizations currently utilizing the Project Referee process.
The advantages and disadvantages of the Project Referee process.
Guidelines for the types of projects where the Project Referee process would be most beneficial.