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by Bart Kavanagh
Avoiding and Resolving Disputes
Cover
Half Title
Copyright
Title
About the author
Acknowledgements
Contents
Preface
List of cases and legislation
Legislation in England and Wales
1. AWARENESS: A QUESTION OF DUTY
What causes disputes?
Where does a duty come from?
What standard of care is owed?
To whom might I owe a duty?
What happens if I breach my duty of care?
2. AVOIDANCE: MINIMISING THE RISKS
Minimising risks with the client
Minimising risks with contractors and subcontractors
Minimising risks with subconsultants
3. RESOLUTION: SETTLING DISPUTES BY CONSENT
What is consensual settlement?
Informal discussion
Complaints procedure
Negotiation
Expert evaluation
Mediation
4. RESOLUTION: SETTLING DISPUTES BY THIRD PARTY DETERMINATION
What is third party determination?
Adjudication
Expert determination
Arbitration
Litigation
5. REPRESENTATION: GO SOLO OR CALL A PROFESSIONAL?
Mediation
Adjudication
Expert evaluation and expert determination
Arbitration
Litigation
Resources
Legislation and regulations
Codes of conduct
Further reading
Institutions and other bodies
Glossary
Index
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Acknowledgements
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Preface
■
Contents
About the author
Acknowledgements
Preface
List of cases and legislation
Legislation in England and Wales
1. AWARENESS: A QUESTION OF DUTY
What causes disputes?
Where does a duty come from?
What standard of care is owed?
To whom might I owe a duty?
What happens if I breach my duty of care?
2. AVOIDANCE: MINIMISING THE RISKS
Minimising risks with the client
Minimising risks with contractors and subcontractors
Minimising risks with subconsultants
3. RESOLUTION: SETTLING DISPUTES BY CONSENT
What is consensual settlement?
Informal discussion
Complaints procedure
Negotiation
Expert evaluation
Mediation
4. RESOLUTION: SETTLING DISPUTES BY THIRD PARTY DETERMINATION
What is third party determination?
Adjudication
Expert determination
Arbitration
Litigation
5. REPRESENTATION: GO SOLO OR CALL A PROFESSIONAL?
Mediation
Adjudication
Expert evaluation and expert determination
Arbitration
Litigation
Resources
Legislation and regulations
Codes of conduct
Further reading
Institutions and other bodies
Glossary
Index
Cover
Half Title
Copyright
Title
About the author
Acknowledgements
Contents
Preface
List of cases and legislation
Legislation in England and Wales
1. AWARENESS: A QUESTION OF DUTY
What causes disputes?
Where does a duty come from?
What standard of care is owed?
To whom might I owe a duty?
What happens if I breach my duty of care?
2. AVOIDANCE: MINIMISING THE RISKS
Minimising risks with the client
Minimising risks with contractors and subcontractors
Minimising risks with subconsultants
3. RESOLUTION: SETTLING DISPUTES BY CONSENT
What is consensual settlement?
Informal discussion
Complaints procedure
Negotiation
Expert evaluation
Mediation
4. RESOLUTION: SETTLING DISPUTES BY THIRD PARTY DETERMINATION
What is third party determination?
Adjudication
Expert determination
Arbitration
Litigation
5. REPRESENTATION: GO SOLO OR CALL A PROFESSIONAL?
Mediation
Adjudication
Expert evaluation and expert determination
Arbitration
Litigation
Resources
Legislation and regulations
Codes of conduct
Further reading
Institutions and other bodies
Glossary
Index
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Guide
Cover
Half Title
Copyright
Title
About the author
Acknowledgements
Contents
Preface
List of cases and legislation
Legislation in England and Wales
Start of Content
Resources
Legislation and regulations
Codes of conduct
Further reading
Institutions and other bodies
Glossary
Index
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